04.08.2021

Sale of a public garden in Akademgorodok and is it possible to return the land to the city

The main news of the pre-holiday week was the sale of a large plot of land in the “Shch” microdistrict. The fact that the territory, which local residents dreamed of joining a neighboring park and landscaping, was sold without bidding and very quietly, through an organization controlled by the municipality, angered the deputies and public figures.

Lawyers, however, saw in the situation similarities with the resonant court proceedings of the past years – the Yurchenko case. What is common in these cases and is it possible to return the disputed plot to the city, and those responsible for the sale – to punish, argues the managing partner of the law firm “EKVI” Kirill Kuznetsov. We publish his opinion in the first person.

The scandal around the sold plot on the Russian-Demakov site has a lot in common with the sensational Yurchenko case: then the plot in the center of Novosibirsk, which actually belonged to the regional government, was also sold at a reduced cost. In the case of the park, the land belonged to a joint-stock company, 100% controlled by the mayor’s office. But no one hesitates to circumvent the law, which provides for bargaining, simply in an arrogant and shameless way.

This time everything is even more frank, much more unbridled. It was clear from the decree on the privatization procedure that real estate was assessed separately, land separately, and the amount was higher. And here everything together was estimated at 154.2 million rubles.

But for heads to fly, political will is needed. In the Yurchenko case, someone did not even give a command, but, apparently, a nod. And judging by the actions of our mayor’s office, one gets the impression that they realized a long time ago that even if there is such a nod, it doesn’t matter – they managed to do so much: “Yes, we *** [have become insolent], you can no longer be shy “.

This outrageous deal can still be challenged by someone who is related to it. The most official, but at the same time the most fantastic option: what if the prosecutor’s office wakes up? Until now, she had not seen anything either during the reign of Lokot or during the reign of Gorodetsky, and then she suddenly wakes up and goes with a lawsuit. Then, of course, awkward questions will arise.

But, in my opinion, this Cthulhu will not wake up. In my opinion, the prosecutor’s office is excellent at unsubscribing, why they do not see any disgrace, and will not do anything in this case. They have been talented in this for many years.

The second option: when the mayor is replaced, the mayor’s office, already in the new composition, can go and challenge all dubious transactions. No one says that Lokot will sit until the end of his mayoral term, but here still another question arises: it will be difficult to justify the omission of the statute of limitations.

In theory, any citizen of Novosibirsk can file a claim to cancel the deal: the land was municipal property, city property. If someone decides to try, I will be happy to represent his interests, I will write a lawsuit. But the chance that he will be taken into consideration is negligible.

It is believed that we have elected a legitimate mayor’s office, and it now represents our interests. When it was obvious that Sibmost owed money to the city, about 700 million rubles, the mayor’s office refused to file a claim against the debtor. And when my colleague and I tried to file a claim, the court told us that we had nothing to do with this case.

Therefore, the main hope is only for political complications that opposition deputies and ordinary voters can create: perhaps the mayor’s office will win back, as was the case with Gorodetsky during the increase in utility tariffs.

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