In the city of Moscow, an entire urban microdistrict with an area of 160 hectares has been transferred for the exclusive use of individuals (housing cooperatives). There is no such thing even in Serebryany Bor, where the most famous businessmen and officials live. Even they didn't have the nerve to turn the streets of Serebryany Bor into their own driveways.
In Moscow, in the South-Western Administrative District, the Yuzhnoye Butovo district, there is an ordinary urban microdistrict Potapovo, with city ponds, city streets, a school, a kindergarten, squares, etc. The area of the microdistrict is 161 hectares. Of these, 115 hectares were leased for 49 years to the cooperative Alpha (ZhSK Alpha) for residential low-rise buildings.
On the leased area there are houses of housing cooperatives, this is normal, it is found in any European city and in Russia. It is abnormal that the housing cooperative illegally fenced off the rest of the Potapovo microdistrict with fences and barriers and blocked the passage and passage through city streets to city ponds and educational facilities (gymnasium, kindergarten) that are not and cannot be leased from the cooperative.
As a result, citizens are deprived of the opportunity to use the city streets to drive up and down the city Potapovsky ponds, to the city school No. 1786, to the city kindergarten, to city squares. In fact, it was about the secret seizure of district and main streets of the city of Moscow, federal Potapovskie ponds, which is facilitated by the Department of Municipal Property of the city of Moscow, not to mention the Prefecture of the South-West Administrative District.
In Moscow, with the help of officials, entire city blocks “only for the rich” with streets and ponds appear, and without any legal basis.
The enterprising managers of the housing cooperative did not confine themselves to barbed wire gates and fences to fence Moscow streets. In the Potapovo microdistrict there are 17 sections of the road network (UDS) of Moscow, listed in the Resolutions of the Moscow Government, in the Law of the City of Moscow, including the main streets of regional significance Ostafyevskaya, Academician Semenov, Admiral Lazarev and Novopotapovskiy proezd.
Moscow streets are plotted on all maps and, moreover, are highlighted with red lines of urban planning regulation, which highlight all common areas in Russia (streets, squares, driveways, roads, parks, water bodies, etc.).
Nevertheless, ZhSK Alfa, with the connivance or even direct assistance of the Moscow City Property Department, turned out a simple scheme, when the streets of Moscow turned into "internal thoroughfares" of ZhSK Alfa with names like city streets.
The fraud was simple - the cooperative makes a boundary plan for city people as if it were their own roads. Further, this boundary plan must be agreed with the Moscow City Property Department, whose employees should see that the "internal thoroughfares of the cooperative" are located within the boundaries of Moscow streets and their red lines, which excludes the approval of such a boundary plan and registration of rights to "internal thoroughfares".
However, the boundary plan gets to the "correct employees" of the Moscow DGI, as a result of which the DGI does not object to the boundary plan, does not express its point of view, this boundary plan goes to the Rosreestr, which registers the "internal passages" in the private property of ZhSK Alfa.
The "alienation" of these 17 streets of Moscow in favor of HCC "Alpha" under the guise of "internal driveways" was registered by Rosreestr in April 2019.
The listed plots of the UDS of Moscow allegedly became the private property of ZhKK "Alpha". Rosreestr registered them as a real estate object with cadastral number 77: 00: 0000000: 74718 under the name "Internal driveways of ZHK" Alpha ".
The total length of these “internal passages” is more than 15 km.
When citizens' inquiries get to honest employees of the DGI, who are not aware of how to respond, the Moscow City Property Department in a letter No. DGI-EGR-54351/191 dated 23.12.2019 informs that the "internal driveways" of the ZHK "Alpha" number 77: 00: 0000000: 74718 for the most part
are located within the boundaries of urban planning regulation lines (red lines) of Moscow streets.
The Moscow government and the Moscow City Duma did not amend the regulations, which contain lists of sections of the Moscow UDS, and the Moscow Architecture Committee did not cancel the red lines of urban planning regulation in the Potapovo microdistrict.
The privatization of common areas, including sections of the road network is prohibited by the Charter of the city of Moscow. Adopted by the Moscow City Duma on June 28, 1995:
The streets of the Potapovo microdistrict are necessary for access to the settlements of New Moscow - Gubkino, Karakashevo, SNT Yazovo, SNT Shcherbinka, to Staropotapovskaya street (Potapovo village), to the cascade of Potapovskie ponds, to school No. 1786, to kindergarten, to forest areas located in Potapovo.
When public pressure on the City Property Department began to grow, the City Property Department filed a lawsuit in the spring of this year against Rosreestr and HCC “Alpha” to cancel the inclusion of city streets in the leased site.
But since the Department, Rosreestr and HCC "Alpha" for several years together did everything possible to help the cooperative privatize the city streets and not let citizens into the Potapovsky ponds, the claim was filed fake.
In fact, the Department and Rosreestr decided to create an inter-communal dispute, so as not to judicially cancel the inclusion of Moscow streets in the section of the cooperative, but, on the contrary, to create a judicial act that everything is in order and the streets of Moscow are "internal driveways" of the cooperative. This is a typical technique in our time - to simulate a legal dispute in order to obtain the desired decision. The statement of claim was deliberately written illiterately, and the representative
DGI did not even try to defend the position stated in the lawsuit. At a meeting held on August 3, 2020, the court, of course, not without the participation of the cooperative's lobbyists, sided with the illegal privatizers of city streets and dismissed the claim of the City Property Department.
At the moment, the appeal has been filed by a third party - Sukhov S.S., representing the interests of the residents of SNT "Shcherbinka" and the village of Karakashevo, who, as a result of the illegal actions of the HCC "Alpha" and the Federal Registration Service, were deprived of a short road to the metro station "Buninskaya Alleya" along Ostafievskaya Street and access to the Lower Potapovsky pond.
To be continued