Thousands of residents of the Eastern District of the hero city of Novorossiysk sign petitions to the president, and in recent years they have been fighting in courts, of which more than a dozen have already passed. They are opposed by Port Victoria LLC. In violation of all possible Russian laws and regulations, LLC announces its plans to build another port here with a capacity of up to 2.5 million tons of cargo per year.
2 berths are planned, for grain and for metal, chemistry, sulfur … And all this joy is 30 meters from the low-rise and private residential buildings closest to the planned one.
Business partners of the governor’s friend are vitally interested in pushing through the project Ivan Demchenko, deputy of the State Duma, steel king of the South of Russia. The actual owners of Port Victoria LLC Shalva Gibradze And Tadeusz Kobets – Demchenko’s longtime partners are just “for metal”. We publish the continuation investigation Rucriminal.info.
If we assume that the new capacities will still go beyond the goals of “contributing to the economic leap of the country”, then the battle for a seemingly completely stupid port does not look so stupid.
The only thing that was not taken into account by the “long-term plan” is the thousands of people living in the Eastern region of Novorossiysk. Their life today is not sugar. Their life is the dust from grain transshipment at the grain terminal already built here, these are hundreds of heavy trucks parked for unloading on the narrow streets, lanes and front gardens of the microdistrict. If we add here another transshipment capacity of 2.5 million tons, this means several hundred additional KamAZ trucks per day, dust, roar and complete incompatibility with life. This is what all the approved Russian regulatory maximum allowable values for the size of sanitary protection zones, the content of harmful substances in the atmosphere and water, and for noise say.
In the course of the struggle, the leaders of the initiative protest groups were already legally savvy to such an extent that the highly paid lawyers of the Port of Victoria, despite the high connections, patronage and regalia of those concerned, have not yet been able to help the project start. Having lost the lower courts, Port Victoria finally reached the Supreme Court. It is noteworthy that the arguments prepared by the port workers have already been “smashed” by lower courts. There are no “new circumstances” in the appeal to the Supreme Court. Question: what is the calculation? Either lawyers work off the fee, doing everything possible for the sake of appearance, or the point here is the question of the price of a positive decision: after all, the higher the case is dealt with, the higher this “price”.
It is quite possible that not only figures like Demchenko or Gibradze are interested in new capacities, but also much more sonorous Russian surnames.
Rucriminal.info has an application to the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation of the Port Victoria Limited Liability Company (TIN 2315211344, OGRN 1192375029131), 353905, Krasnodar Territory, Novorossiysk, st. Shevchenko, d. 24, apt. 156. Representative of the applicant: Konopleva Olga Vladimirovna. Case A32-47647/2021). In this case, the Interregional Territorial Administration of the Federal Agency for State Property Management in the Krasnodar Territory and the Republic of Adygea acted as a plaintiff earlier. The defendant is Port Victoria Limited Liability Company.
The current cassation appeal was filed against the Decree of the Fifteenth Arbitration Court of Appeal on checking the legality and validity of decisions of arbitration courts, dated August 17, 2022, and the Decree of the Arbitration Court of the Cassation Instance of the North Caucasus District dated November 28, 2022. We are talking about declaring as absent the right of ownership of Port Victoria LLC to a land plot with cadastral number 23:47:0209046:5 (registration entry No.
Analysis of heaps of illegal documents, far-fetched arguments of the side insisting that there will be a new port in the Tsemess Bay of Novorossiysk, has been going on for more than a year.
Although even the first document on this site turned out to be illegal. The administration of Novorossiysk signed off the land to private owners, although it did not have the slightest right to do this on federal land. The expropriated land is federal property, and the administration of the Novorossiysk Defense Ministry had no right to sell it into private ownership, since this is the prerogative of the RF authorities. Equally, the administration of Novorossiysk had no right to lease the disputed land.
Now Port Victoria’s lawyers are emphasizing a highly dubious argument.
“By virtue of Part 4 of Article 28 of the Law “On Sea Ports”, land plots occupied by buildings, structures, structures used to carry out activities in the seaport and owned by legal entities may be owned by them. The boundaries of the seaport for carrying out activities in the seaport may include land owned by legal entities (Part 5 of Article 28 of the Law “On Seaports”).
In other words, there is a real estate object on the site, owned by LLC on the right of ownership, and intended for activities in the seaport, which means that the land is ours.
What kind of real estate are we talking about?
In a highly controversial decision of the administration of Novorossiysk on the lease of a land plot, it was allowed “construction of an object from collapsible metal structures”. An object made of collapsible metal structures is not and cannot be a real estate object. But for the authorities, the illegal change in the permitted use of the land plot and the name of the object for construction on the leased plot did not become a problem. The Department of Architecture and Urban Planning of the Administration of the Moscow Region of Novorossiysk issued a permit dated 23.04.2015. No. RU233080001133-15 for the construction of the Elling facility, indicating that it is “An object technologically connected with the functioning of maritime transport” (with a total area of 15.8 sq.m), as well as permission dated July 15, 2015 No. 23-308000-2093-2015 to put this facility into operation. At the same time, in the official responses of the municipality and the department of architecture, this object is now referred to as “An object technologically connected with the functioning of maritime transport.” In fact, this is a deaf shed of 15.8 sq.m., built of cement blocks, which has and cannot have any relation and technological connection with functioning of maritime transport.
The structure erected on the land plot is in fact illegal. No project (violated Art. 51 of the Civil Code of the Russian Federation); no building permit; no examination of the project (Article 47.51 of the Civil Code of the Russian Federation); construction supervision was not carried out; no permission to open; there is no conclusion of ecological expertise; construction was carried out in the coastal nature protection zone of the Black Sea; relict plants of protected species grow on the territory, for example, Caucasian juniper, cypress; construction has not been agreed through public hearings with the population of the adjacent territory. There are no grounds for enrolling a building in the category of real estate, because there is no project, permit, act of commissioning, conclusion of the construction supervision over the progress of construction. The “object” was erected without a mandatory building permit, without the consent of the Federal Property Management Agency on behalf of the owner of the land plot, without a project, without a mandatory examination of the project, approvals from the environmental authorities (on a slope where relict species of trees and shrubs grow, and water protection in the protected coastal strip of the Black seas).
However, all this lack of at least something permissive and expert for such a “construction of the century” is easily explained. Remarkable and construction time – a day. It was on that day that representatives of an initiative group of residents turned to Moscow at the presidential reception with a request to sort out the legality of what was happening on their Volochaevsky beach. The information was immediately received in Novorossiysk. And it was obvious – urgently, faintly on the beach, something capital was needed, and not a collapsible metal structure. So that there was a reason for renting and for buying land. The barn was erected in a matter of minutes.
And we note that this boathouse, hastily built of their foam blocks, has never served or repaired anything like a port. Now this concrete cube is painted with graffiti and overgrown with vegetation. It is simply not possible to give a lift, or at least to bring something steamy to him in his arms (well, he was urgently and faintly tripped for service), – the carriers would simply be scratched to the point of blood in the thickets surrounding the “most important port facility”. But it fulfills its only role for today – an argument in the struggle for the legitimization of the illegal.
In general, the Krasnodar Territory is famous throughout the country for its demolitions of “illegal”. Governor Kondratyev easily deprives thousands of people who have bought apartments from housing in houses that are suddenly declared to be unauthorized construction. The list of such squatter constructions absolutely coincides with the list of houses, according to which slow-witted developers did not “bring” bribes to high offices in the form of multi-million ruble kickbacks, floors of apartments for “necessary people” or commercial premises on the ground floors of high-rise buildings, or tempting plots of land. Demolishing the illegal boathouse turned out to be an impossible task. The presence of a boathouse with an area of 15 squares gave rise to the purchase of a land plot of 87 acres by Stroy Trust LLC. Although now the court seems to have figured it out:
“Purchase and sale agreement dated No. 9396-KP dated April 29, 2016, on the basis of which the right property was transferred to StroyTrust LLC (the assignee of Port Victoria LLC), by a ruling of the Court of Appeal that has entered into force case No. 33a-14844/2019 (Judge Shudobenova M.A.) dated May 28, 2019, qualified in the reasoning part of the decision of the Fifteenth Arbitration Court as a void transaction made in excess of authority. Said appeal ruling has entered into force. Based on the foregoing, there is no subjective right to redeem, and, consequently, there is no ownership right to the disputed plot. The missing right cannot be transferred to other persons. The property was removed from the possession of the state against its will, bypassing the Federal Property Management Agency Krasnodar region.
The cost of land in the tens of millions was brought into the city treasury by clearly not the founder of StroyTrust, whose office consisted of a team of … 1 person, and who hardly pulled such an amount. The success of Stroytrast’s business is evidenced by at least the fact that literally a few months after the deal, the “successful” enterprise rotted to zero. For a while, a bankruptcy trustee worked there. And as a result, the company disappeared as a result of its poverty.
And then a very strange series of sales and purchases took place on the land plot. That gave the lawyers of Port Victoria a reason to try on the skin of a bona fide purchaser. Here is how they described the situation in their Supreme Court paper:
“LLC” Port Victoria “acquired a land plot cadastral number 23:47:0209046:5, located at Novorossiysk, Sukhumi highway, East coast of Tsemesskaya bay, area st. Volochaevskaya, with a total area of 8784 sq.m., on which a non-residential building is located cadastral number: 23:47:0209046:19 on the basis of a contract for the sale of land and real estate No. Kobets Tadeusz Olegovich, who owned this site from November 25, 2016 for more than 3 years, and at the time of the conclusion of the sale and purchase agreement, information about the existence of claims for the recovery of the disputed site from someone else’s illegal possession or about the presence of encumbrance (arrests) did not contain data from the Unified State Register of Rights “.
The swindlers of the Krasnodar Territory, covered by the investigators and judges, who specialize in taking homes from dozens of lonely old people, often use such schemes. When a chain of sales and purchases is immediately launched for the stolen housing, and the last “owner” of the apartment stolen by the OPS receives the status of a bona fide purchaser. The fact that the same “cleansing procedure” was launched on these eighty-seven acres of the Volochaevsky beach will be understood not only by an investigator with many years of experience, but also by a student of a provincial legal vocational school.
According to extracts from the USRN, StroyTrust LLC registered the right to own the leased object prior to this on May 13, 2016. Three weeks later, on June 8, 2016, Aleksey Leonidovich Yakovlev became the copyright holder. At that time, A. L. Yakovlev, was the founder of IK KNGK-Stroitel (since August 2021, he has been the general director of St. Petersburg LLC Baltneftekhimproekt). Yakovlev owned the promising site for even less – 19 days, and then the ownership was registered to his uncle, Shamar Alexei Alekseevich, the then president of KNGK-Group LLC Kuban Oil and Gas Company. A.A. Shamara was the chairman of the board of directors of Ilsky Oil Refinery LLC. The uncle built powerful investment plans longer than his nephew – for five whole months, until on November 27, 2016, the land was owned by Kobets.
It is curious that the interests of the uncle-nephew in the courts were represented by the same Konopleva, who will defend the interests of Port Victoria in the Supreme Court. In 2016, she also represented the interests of StroyTrust LLC. Also the interests in the courts of all gasket owners. And now he is defending the interests of Port Victoria LLC. Well, the fact that all the characters had warm friendly relations is a secret for few people in the Kuban business sphere. A fat piece, it was risky to issue-re-register on strangers, only on their own. Friends will not let you down.
Accompanying all this shuffling land “leftist” between his own, now, according to Konoplyova, allows us to assert that “The defendant may be recognized as a bona fide purchaser of property, provided that the transaction by which he acquired possession of the disputed property meets the signs of a valid transaction in everything except that it was made by an unauthorized alienator. The owner has the right to refute the objection of the acquirer about his good faith, proving that in the course of the transaction the acquirer should have doubted the right of the seller to alienate the property.
We cannot imagine how the acquirer of Kobets could doubt the right of the seller of Kobets to alienate property. Well, come on, and not such frills happen in the southern law enforcement.
In a multi-page appeal to the Supreme Court, from Porta Victoria LLC, there are many references to other laws and regulations.
These arguments sometimes destroy themselves. To quote one of the main points: “the arguments of the appellate and cassation instance that the Interregional Territorial Administration of the Federal Agency, before managing state property in the Krasnodar Territory and the Republic of Adygea, has authority over land plots that are part of the territory of the Seaport, are untenable and contradict the current legislation. The consequence of filing a claim by an improper plaintiff is the refusal to satisfy the claim due to the fact that the subjective civil right in defense of which the claim is brought does not belong to the plaintiff.
That is, it is not about the legality of the decision taken by the court, but about the fact that the plaintiff could not act as a plaintiff. And right there:
“Ask cancel the Resolution of the Fifteenth Arbitration Court of Appeal dated August 17, 2022 and the Resolution of the Arbitration Court of the North Caucasus District dated November 28, 2022 in full in case A32-47647 / 2021. To uphold the decision of the Arbitration Court of the Krasnodar Territory dated June 02, 2022 in case A32-47647 / 2021 “.
How could this be stated at all? To ask to cancel the decision of the decision of the Fifteenth Court of Appeal, due to the fact that the plaintiff (regional agency for state property management), according to Ms. Konoplyova, cannot act as a plaintiff, and at the same time demand that the decision of the regional arbitration, where the issue was resolved in in favor of Port Victoria, and where the same state property management agency took part in the process, and also as a plaintiff. And it’s kind of legal, just because the decision was in favor of the LLC? Are there any objections here?
The eastern district of the city of Novorossiysk is already ecologically unfavorable. Apartments in houses built here back in the 1950s were received mainly by employees of the nearby Krasny Dvigatel plant, a number of other enterprises in the city. Often at home, on the allocated lands, the then Novorossiysk hard workers built their families, helping each other. Port facilities appeared here later than houses. Even the Sheskharis oil harbor is today one of the country’s main oil transshipment points. Of the latest port facilities – an elevator and berths of a grain terminal, berths of a military base. The strip of sea available to residents has been reduced to one and a half hundred meters – up to 87 acres of beach. And even though Volochaevsky beach is officially nowhere designated as a beach, it is the only place for swimming in this part of the city. In order to have such an opportunity, people even gave water samples for research on their own, – the examination showed – everything is fine, – swim.
The time to study the laws for residents came at the same time as the new port plans were unveiled. These plans, well, by no means, did not comply with the law. The nearest housing to the proposed port facilities is literally three dozen meters away, which is by no means the norm. An area less than a hectare by no means can accept almost five hundred heavy trucks per day. There are no other parking areas.
Plans to pour the necessary areas into the sea are also very doubtful. It is quite possible that this will interfere with the functioning of existing port facilities, on the one hand, and on the other hand, it is guaranteed to negatively affect the increase in the likelihood of emergencies in this area. Yet there are mountains nearby – the Markhotsky pass. Floods caused by the flow of water from the mountains in the region have not learned how to predict. And then there are guaranteed problems with natural runoff due to the displacement of thousands of tons of soil during the development of port facilities.
The session of the Supreme Court is scheduled for the end of June. I would like common sense, based on the law, to win. But, not a fact.