Threats and blocking the work of government officials; indifference to court decisions and legality; a private security firm that the entire state machine cannot handle; fights and conflicts during the enforced execution of a court decision, and the complete inaction of police officers who stand aside and silently observe attacks on people... All this is everyday life in Odessa. ElitExpert talks about how difficult it is to enforce a court decision on eviction from illegally occupied premises, even with all the necessary documents in hand.
August 2023. Tamara Evgenivna Minenko is the owner of the cottage on Pedagogichnaya Street 25/39 in Odesa, which will be discussed. She became its owner under the contract of sale in May 2017 — but since then, for six years, she has not been able to use her right of ownership and get into her own house.
The former owner of the cottage was Lyudmila Vasylivna Tishakova, but when her family had financial problems, the house was pledged to secure credit obligations. In the future, the loan was not repaid, as a result of which, according to the court's decision, the ownership of the object was recognized by the "Kreditinvest" credit union. And the credit union has already sold the cottage to a citizen of Minenko — she bought it according to the law, at the expense of the execution of a court decision.
It happened six years ago. However, Tishakova began to dispute the court's decision, she did it quite diligently, but unsuccessfully - various courts alternately refused to satisfy her claims. From 2017 to 2023, the former owners went through all stages of the courts, including the highest - the Supreme Court, which issued the final decision, refusing Tishakova and recognizing the ownership of the new owner - Tamara Minenko.
Currently, lawyers representing the interests of the new owner have two decisions of the Primorsky District Court of Odesa (https://reyestr.court.gov.ua/Review/97711201) and the Court of Appeal (https://reyestr.court.gov.ua/Review/106003443) and open executive proceedings No. 69971380 dated 04.10.2022 on the forced eviction of Lyudmila Tishakova from this cottage. At the same time, even with all the powers, the state executive service has not been able to evict the former owners from the illegally occupied property for almost a year.
The procedure for enforcement of a court decision is as follows: the executive service appoints the day of eviction, informs the defendant about it, and also sends a request to the police for escorting on their part - so that in case of conflict situations, the police can ensure public order. However, in reality, the police did not always come, so the performers had to call 102 on the spot to call a patrol crew or an operative-investigative group.
Meanwhile, every time the eviction process takes place according to a standard scheme that has been practiced for months - the executive service arrives at the place, its work is hindered, the executors call the police, who arrive... and do not act. They say it's a civil matter, figure it out for yourself.
"ZEUS" JUST STANDING
Why have employees of the state executive service not been able to implement the court's decision for almost a year? One of the main reasons is that the private security firm "ZEVS" is on the side of the former owners, which blocks all attempts by debt collectors to vacate the illegally occupied house.
In addition, there is an unknown person in the cottage who introduces himself as Oleg Vorobyov and claims that he is the legal tenant of the cottage.
From the official response to the ElitExpert request from the Primorye Department of the State Executive Service in Odesa dated August 17, 2023:
"In accordance with the requirements of Article 66 of the Law of Ukraine "On Enforcement Proceedings", the state executor organized the execution of the court decision with the involvement of law enforcement officers, including on 13.07.2023/02.08.2023/XNUMX and XNUMX/XNUMX/XNUMX.
It was not possible to execute the executive document due to the presence on the territory of the residential premises of Oleg Borisovich Vorobyov, who is not a party to the executive proceedings. By his deliberate actions, the specified person prevented state officials from performing enforcement actions.
Representatives of the "ZEVS" security agency were also present at the place of enforcement actions, who blocked the entrance to the premises from which the debtor had to be evicted with official cars, thereby hindering the state enforcement officers.
The police officers, who were involved by the decision of the state executive and were at the place of eviction, received a statement from the state executive about the commission of a criminal offense."
Let us add that every time the executors notify the police about the commission of an offense, but the law enforcement officers do not even respond to the statements of the executive service.
In particular, according to the lawyers of the injured party, the investigator who worked at the scene of the incident did not even try to establish the identity of the employees of "ZEUS" and find out on what legal basis they are there. They said that ZEVS is not a participant in the conflict, but simply "came to stand". And so it continues to this day - "ZEVS" simply comes to "stand", does not provide any documents, but places several crews in front of the fence of the building and blocks the work of the performers. And a person who calls himself a tenant, when the executors try to cut the lock, sticks his fingers under the turbine and does not allow it to be done - while the police are silently watching it.
We did not receive an answer from the management of "ZEVS" to ElitExpert's official request on what basis the employees of the security company are there.
A paradoxical situation emerges — there is a property right, there is a court decision confirmed by the Supreme Court, there is an executive service that is obliged to ensure its implementation, there is a police force that must ensure order — and all this is broken down into the actions of private security guards and an incomprehensible person who pushes fingers for "Bulgarian"...
Let's talk about this person in more detail. It turned out that in order to complicate the execution of the court's decision, Lyudmila Tishakova entered into an agreement with citizen O.B. Vorobyov. lease agreement, after which she achieved the opening of criminal proceedings No. 522/7614/23 in order to delay the process of unjustified use of residential premises. However, soon the court established that the lease agreement is a "filkin's deed", since Tishakov's "lessor" has no rights to dispose of property that does not belong to her. Therefore, as expected, case No. 522/7614/23 was soon closed.
And the WHO is still there
Only in the last 100 days, another four attempts to execute the court decision took place - on May 19, June 16, July 13, and August 2. As Tamara Minenko noted, during this time the law enforcement officers did not make any attempt to ensure public order and physical protection of state officials.
From Tamara Minenko's complaint to I.V. Zhuk, the Head of the GUNP in the Odesa region, dated July 24, 2023:
"On July 13.07.2023, 25, another attempt was made to implement the court decision. Unidentified persons barricaded themselves in the premises at the address Pedagogichna 39/XNUMX, but the performers managed to remove the obstacle in the part of dismantling the locking devices of the gate and get to the territory adjacent to the building.
After that, containers with an unidentified brown substance with a characteristic smell of excrement were thrown from the roof of the building onto the people who dismantled the locking devices.
In turn, the precinct inspector present at the site and the police team did not take any measures to stop the aforementioned offense contrary to the requirements of clause 3 part 1 of article 23 of the Law on the National Police. Employees of the law enforcement agency did not even draw up a single report on a criminal or administrative offense.
As a result, the court decision was not executed again.
In turn, the precinct and other employees of the Ministry of Internal Affairs have repeatedly stated that they will not take any actions without instructions from the management, which directly contradicts the requirements of current legislation, and indicates that unidentified officials of the Shevchenkiv VP or other officials of the National Police bodies illegally influence law enforcement officers bodies and deliberately obstruct the execution of the decision, as well as the attraction of persons resisting the executors.
Please note that every time we are obstructed by unidentified persons posing as employees of a security company. However, no checks, selection of explanations and removal of obstacles caused by them to state executives are carried out by police officers.
The above-mentioned facts may indicate the existence of a conflict of interests within the meaning of the Law of Ukraine "On Prevention of Corruption".
That is, this is what is happening - the employees of state bodies are doused with feces in front of the eyes and in complete inaction of the police. Doesn't this fact show that law enforcement officers take a position that is directly opposite to compliance with the law, execution of court decisions, and their code of honor?
It should be noted that in order to objectively present the situation and guided by the Law of Ukraine "On Access to Public Information" and the Law of Ukraine "On Media", ElitExpert sent official requests both to the GUNP of Odesa Region and directly to Police Department No. 5 of Odesa District Police Department #1 GUNP to find out about the position of law enforcement officers regarding this conflict. However, even after 5 working days, during which state bodies, according to the law, had to give an answer, this did not happen.
WHOSE SIDE ARE THE POLICE ON?
As for many months, statements about criminal offenses by unknown persons were constantly ignored by the police, Tamara Minenko was forced to go to court. And only the Resolution of the Primorsky District Court of Odesa dated June 12.06.2023, 522 in case No. 10766/23/5 finally obliged the officials of the VP No. 1 ORUP No. 12 of the State Police in Odesa Region to enter information about the conduct of a criminal investigation into the Unified Register of Pretrial Investigations. However, within XNUMX days, the proceedings were closed - allegedly "in connection with the absence of the composition of the crime". It is worth noting that neither the opening nor the closing of Minenko's proceedings was reported.
Only on August 17, 2023, in response to the lawyers' complaint, the Odesa Seaside District Court canceled the investigator's decision to close this criminal proceeding. Thus, as of now, the proceedings are open again.
At the same time, it is worth reminding that according to part 4 of Art. 18 of the Law of Ukraine "On Executive Proceedings", the requirements of the executor regarding the execution of decisions are mandatory throughout the territory of Ukraine. For deliberate failure to comply with a court decision, which has entered into legal force, guilty persons are criminally liable in accordance with Article 382 of the Criminal Code of Ukraine, which is punishable by imprisonment for a term of up to three years.
Another forced eviction attempt is due to take place soon. This time already with the participation of media representatives, who intend to record all existing violations, and therefore - further will be...
