Chairman of the State Geocadaster Roman Leshchenko conducted an audit of the land registration system and a technical audit of the land base. According to the results, it was established that approximately 10000000% of 7,5 hectares of agricultural land is in state ownership. For example, through the mechanism of free privatization, only in the period from mid-2013 to 2020, more than 700 properties were transferred from the state to private ownership. ha within the framework of land concentration schemes, in particular, on mineral plots.
However, the land that remains in state ownership is used inefficiently because of the so-called cooperative agreements. Such agreements also include the processing of state lands of the Ministry of Defense. In the Odesa region, a fairly vivid example is the Tarutinsky training ground, the right to which the Ministry of Defense won for years in courts of all instances. And after the courts were won, officials of the Ministry of Defense began to conclude contracts for processing the lands of the training ground for agricultural land. Although in fact the area of the training ground is such that there is enough land for both military exercises and agricultural purposes. But with this it is necessary to determine, and not to speculate on defense lands.
The same — to be determined — is necessary with other abandoned military facilities, which for years, if not decades, officials of the Ministry of Defense do not mention, until such facilities become objects of the criminal chronicle. The same thing happened with military town No. 210 on ul. Rassveta, 47 in Odesa, which was released in 2007 and since then they have not been identified with it, until they registered the private ownership of the property there and tried to sell it through the auction system of the State Public Enterprise "sets" - allegedly for debts. Only after this, the State Bureau of Investigation initiated criminal proceedings No. 42020161010000265 on the fact of fraud and stopped the auction. In addition, the Military Prosecutor's Office of the Odesa Garrison of the Southern Region of Ukraine had to intervene in order to judicially cancel the certificate of ownership of the military facility, which was received by an individual from the Housing and Utilities Department (!) of the Odesa City Council back in 2011. Meanwhile, the total area of the land plot in this commercially attractive place is 14,40 hectares.
However, in Odessa, not only military facilities, but also defense plants need the protection of law enforcement officers. According to the data of the State concern "Ukroboronprom", 4 state enterprises should function in the Odesa region:
- Scientific Research Institute "Storm" (Odessa, Geroev Krut St. (former Tereshkovaya St., 27), which is considered the main enterprise in ensuring the thermal regime of special-purpose radio-electronic equipment;
- Special design bureau "Molniya" (Odessa, ul. Prokhorovskaya, 45), known as a developer of artillery reconnaissance systems;
- Production and technical enterprise "Granit" (Odessa, Geroev Krut Street (Tereshkovoy, 27, building 2), engaged in the repair of radio-electronic equipment of weapons;
- Odessa Aviation Plant (Odessa, 32a Nebesnoi Sotny Ave.), which repairs and modernizes military aircraft
In past investigations, a criminal scheme was uncovered, thanks to which they tried to take possession of the lands of the military airfield "Odessa-Shkolny" for development. Thanks to the joint actions of the Ministry of Defense, the military prosecutor's office, public activists and journalists, the military airfield was saved. Another bonus is that it was possible to preserve the full functioning of the Odessa Aviation Plant, which uses this military airfield to test repaired or modernized aircraft.
Other defense enterprises in Odessa were not so lucky.
Special design bureau "Molniya"
In recent years, it appears only in criminal and court chronicles as a debtor company. In 2015, they tried to take possession of SKB's property for the first time, but the military prosecutor's office took measures in court to prohibit the sale of the company's state-owned real estate.
They tried to do this for the second time in 2018, when the ban on the sale of property, applied at the suggestion of the military prosecutor's office, disappeared somewhere.
In a court case No. 520/19914/18 a fraudulent scheme was described, according to which they tried to take possession of the property of SKB "Molniya", in connection with which on 01.10.2018 the Investigation Department of the State Police in the Odessa Region initiated criminal proceedings No. 42018161010000432 under Article 364 of the Criminal Code of Ukraine under the procedural guidance of the Military Prosecutor's Office of the Odessa Garrison of the Southern Region of Ukraine. And the property complex of SKB "Molniya" is recognized as physical evidence.
As it follows from the case materials, LLC SKB "Molniya" has not carried out its production activities since 2012, and at the time of the initiation of criminal proceedings, only 9 people worked at the enterprise: acting director, chief accountant, assistant director and 5 security guards. Meanwhile, the company managed to owe wages to 77 former employees in the amount of 4,8 million hryvnias. In connection with this, on August 22.08.2018, 4, the enforcement service imposed an arrest on the property complex of SKB "Molniya" - two 5815,1-story buildings with a total area of 0,3626 square meters, located on a land plot with an area of 45 hectares, at the address: Odessa, St. Prokhorovskaya, 3. LLC "Chastnaya ekspertnaya sluzhba" already after 50,2 days provided an expert assessment of the market value of the real estate of SKB "Molniya", estimated it at XNUMX million hryvnias.
On October 16, 2018, the property complex of SKB "Molniya" was already going to be sold through the auction system, but the SBU Department of the Odesa Region intervened. According to the information of the special service, officials of the state executive service and LLC "Chastnaya ekspertnaya sluzhba" committed official falsification of documents - the valuation of the property was fictitious, as it was made by the appraiser without a personal inspection of the property complex. Therefore, since October 12.10.2018, XNUMX, the property complex of SKB "Molniya" was under arrest.
Meanwhile, despite the fact that fraudsters tried to take possession of the property of the defense enterprise, the investigation of criminal proceedings No. 42018161010000432 was almost not conducted for two years - there were no searches, no suspicions, nothing. Focusing on one criminal act - the forgery of documents, the investigation ignores more general questions:
- How did it happen that SP "Special Design Bureau "Molniya" became a debtor for the payment of wages? If since 2012 production activity has not been carried out, why did it happen that after 3 years after production was stopped? they are fired from there technician at will? What was this technician doing at an enterprise that no longer worked? And where are the criminal proceedings against the head of the state-owned enterprise in connection with the existence of arrears for the payment of wages?
- at the moment at the address: ul. Prokhorovskaya, 45, where SKB "Molniya" is legally located, 4 more enterprises are operating : jewelry factory "Stork", trading firm "Vorota Odessa", fast food trading firm "Lana", as well as the Southern Regional Center of the Insurance Fund of the Documentation of the State Archives. Why have the premises of SKB "Molniya" not been leased so far - at least to obtain funds for further debt repayment?
- Since 2011, the Molniya Special Design Bureau has been part of the Ukroboronprom State Concern. Why were claims for reimbursement of salary arrears not sent to the head office, which has sufficient material resources to repay such arrears at the subsidiary?
The answers to these questions will be able to prove that the salary arrears were formed artificially, and also identify the guilty parties - the former management of the state-owned enterprise and officials of Ukroboronprom, who did not reorganize SKB "Molnia" and did not adjust the staffing schedule in such a way that the redundant workers were not taken into account at the enterprise - exclusively for the calculation of salary debt.
And while the criminal proceedings are covered with dust in the Investigative Department of the State Police, the fight for the property of SKB "Molniya" continues. At first, the executive service tried to oppose the military prosecutor's office, and now in court tries to cancel the basis for which the property complex at 45 Prokhoriskyi St. was removed from the auction by sets.
Will the investigation not even now see the artificially formed debt and will not attract those managers of SKB "Molniya" who deliberately did not pay wages to employees? Will it really wait for the 3rd attempt to sell "Molniya", because it is already obvious that there is no problem for the dealers to cancel any restrictive measures to the property, applied at the request of law enforcement agencies.
Research Institute "Storm"
Ego was also brought to economic decline for a long time. Here, too, for a long time, wage arrears were artificially created, although the company received funds that were spent on anything, just not on wages. This is evidenced by the materials of the Decision of the Primorsky District Court of Odessy No. 4-711 / 09 dated 14.12.2009, where the legality of the criminal case against the director of the Scientific Research Institute "Storm" was confirmed under Art. 175 of the Criminal Code due to non-payment of wages.
However, the management of the Research Institute was not limited to embezzling the company's funds instead of paying wages and actively alienated state property in several directions.
Scheme 1. Withdrawal of profit from executed contracts through the created subsidiary structure.
This scheme was discovered back in 2007 by the financial inspection bodies during the audit of the state-owned enterprise due to the presence of significant salary arrears. In particular, it was established that in 1991 the Research Institute "Storm" became a co-founder of another state enterprise with a similar name - NPO "Storm" (Nauchno-proizvodstvennoe obedinienie "Storm", code EGRPOU 14311593), which operated on the territory of the Research Institute and with the Scientific Research Institute of the same director and accountant. In case of fulfillment of contracts, the NGO performed the function of laying: the main expenses were related to the Scientific Research Institute "Storm", and the main profit was received by the NGO "Storm".
It should be noted that the NGO "Storm" still exists, and on November 20.11.2019, XNUMX Cabinet Order No. 1101-r the property of this state-owned enterprise was transferred to the management of the State Property Fund.
Scheme 2. Appropriation of industrial developments carried out at state expense
In 2016, the military prosecutor's office initiated criminal proceedings on the fact of violation of the state's rights to intellectual property under Part 3 of Art. 177 of the Criminal Code of Ukraine (infringement of rights to an invention, utility model, industrial sample). In 2011-2012, former officials of the STORM Research Institute appropriated the technical and design documentation for an industrial model - "Product of an air cooler in an anti-aircraft defense complex."
Scheme 3. Alienation of property, incl. immovable property of a state enterprise connected with abuse of office
The evidence for criminal proceedings was six episodes of expropriation handed over and constructed by the Scientific Research Institute "Storm" in various criminal cases and proceedings, namely:
Criminal case No. 051200600109 , started on 01.04.2006 by the decision of the senior prosecutor of the Department of Property, Other Personal Rights and Freedoms of Citizens and State Interests of the Prosecutor's Office of the Odesa Region, S.M. Pislar. on the fact that the officials of the NPC "Ekostroy" and LLC "Epos-13" made false statements in the reports on the valuation of real estate objects of the Research Institute "Storm", as well as on the fact of the abuse of official position by the officials of the Research Institute "Storm" during the alienation of property. 15.05.2006/28/1000 by the senior prosecutor's office investigator. Odessy Kashulskyi A.V. seizure was imposed on the property that was actually expropriated: 6/7 parts of non-residential premises (warehouses Nos. 287, 1000) and XNUMX/XNUMX parts of non-residential premises (administrative building and laboratory building).
The criminal case was closed on September 01.09.2006, XNUMX by canceling the decision of the prosecutor's office through the court. Later, the seizure of alienated property, which at that time belonged to LLC "Zolotaya Rybka", was canceled:
Criminal proceedings No. 42015161010000427 dated 30.01.2015 due to the alienation in December 2003 of non-residential building No. 17 with a total area of 219,7 sq.m. worth UAH 297, in the interests of Avtomir LLC. As a result, in July 017, Avtomir LLC's ownership of this building was confirmed by the decision of the Economic Court of the Odesa Region dated July 2006, 28.07.2006 in case No. 17 / 187-06-7316.
Despite the existing composition of the crime and damage to the state, former director of SE "Storm" Research Institute was released from criminal liability due to the expiration of the statute of limitations at the request of the military prosecutor's office.
Criminal proceedings No. 42015160000000707 from 15.10.2015 according to Art. 364 of the Criminal Code on the fact of abuse of official position by officials of the State Research Institute "Storm" during the alienation of state property of the specified institution. There were 5 episodes in this criminal proceeding:
- alienation of 287/1000 parts of a non-residential building with a total area of 7477,1 square meters (consisting of an administrative building with an area of 2969,1 square meters and a laboratory building with an area of 4508 square meters), alienated under contract No. 3999 dated September 21.09.2004, XNUMX in the interests of LLC "Pantheon". On the same day, LLC "Pantheon" sold this property to the second economic entity - LLC "Zolotaya Rybka";
- alienation of 31/1000 parts of a non-residential building with a total area of 808 square meters, alienated under contract No. 4000 dated September 21.09.2004, XNUMX in the interests of Kerama-Design LLC;
- alienation of 28/1000 parts of a non-residential building with a total area of 740,9 square meters, alienated under contract No. 2443 dated 15.04.2005 in the interests of LLC "Zolotaya Rybka";
- alienation of 9/1000 parts of a non-residential building with a total area of 239,7 square meters, alienated under contract No. 453 dated September 30.03.2010, XNUMX in the interests of Kerama-Design LLC;
- alienation of 20/1000 parts of a non-residential building with a total area of 517,1 square meters, alienated under contract No. 2347 dated 27.12.2011 in the interests of PKP Element LLC.
All purchase and sale contracts for the alienation of state-owned real estate of the Research Institute "Storm" were signed by the director of the Research Institute "Storm". Meanwhile, the specified abandoned objects, according to the property right certificate No. 016139 dated 29.10.2001, issued by the executive committee of the Odessa City Council, belonged to the state in the person of the Verkhovna Rada of Ukraine, under the right of state ownership. But the mandatory approval of the Ministry of Industrial Policy or the State Property Fund or its regional representative office was not received.
In addition to purchase and sale contracts, within the framework of this criminal proceeding, the fact of alienation of state property was recorded through the court: on the basis of the decision of the Economic Court of Odessa Region dated 09.12.2004 in case No. 4 / 322-04-10232 against LLC "Zolotaya Rybka" the right of ownership was recognized the transition between the administrative building and the laboratory building, which were acquired by OOO "Zolotaya Rybka" on 22.09.2004.
- Later, by a court ruling dated March 31.03.2016, 3923,8, non-residential buildings with a transition, total area of XNUMX square meters, belonging to LLC "Zolotaya Rybka" were arrested at the request of the senior investigator of the Tairovsky branch of the Kyiv OP in Odessa State Police Department in the Odessa region Bityanova A. IN.
As follows from the available court decisions, the pre-trial investigation was focused precisely on the property alienated from Research Institute "Storm" and turned out to be the property of "Zolotaya Rybka" LLC. The reason is that the alienation took place in violation of the property privatization procedure established by the legislation in force at the time of the conclusion of the above-mentioned purchase and sale agreements dated 21.09.2004/15.04.2005/XNUMX and XNUMX/XNUMX/XNUMX, namely:
- Regulation on the procedure for the alienation of fixed assets that are state property, approved by order of the Federal State University No. 1477 of July 30.07.1999, XNUMX, as amended,
- Regulation on the order of sale at an auction, by tender of fixed assets, which are state property, approved by order of the FSIU No. 1976 dated 22.09.2000 with subsequent amendments.
Despite the existing structure of the crime, no less important is the self-government of the director of the State Research Institute "Storm", who entered into contracts for the purchase and sale of state property without the approval of the authorized bodies, which resulted in large-scale personal damage to the state. However, on 21.06.2017 criminal proceedings No. 42015160000000707 dated 15.10.2015 closed by the decision of the head of the department SO of Kyiv OP in Odesa GUNP in Odesa region on the basis of paragraph 2 part 1 of article 284 of the Criminal Procedure Code of Ukraine, i.e. due to the absence in the commission of a criminal offense. And on September 04.09.2017, 04.09.2017, by the decision of the Kyiv District Court of Odessa dated September 520, 67 No. 16 / XNUMX/XNUMX-k, the arrest on the property of Golden Fish LLC was canceled:
The study of court decisions regarding criminal prosecutions for the alienation of the property of the Scientific Research Institute "Storm" made it possible to establish several trends:
At first, Courts of second instance unlawfully terminated criminal case No. 051200600109 dated 01.04.2006, since the Criminal Procedure Code in force at that time did not provide for the appeal of the decision to initiate a criminal case. Judicial decisions strangely referred to Article 236-2 of the old Code of Civil Procedure, which established the procedure for reviewing appeals against decisions refusing to open criminal proceedings.
Secondly, in the property acquisition scheme, not only the seller (the director of the Storm Research Institute) and the buyers, but also officials of other departments, in particular, the regional branch of the Federal State University, participated in the scheme. After all, the court decision to cancel the decision to open criminal proceedings was based on a letter from the regional department of the Federal State University of Ukraine that at the time of the alleged crime, the legislation of Ukraine had not yet established the procedure for the sale of property of state-owned enterprises.
в-третьих, The military prosecutor's office reacts to the illegal alienation of property at the STORM Research Institute very selectively. Out of 6 known episodes, the military prosecutor entered the procedural leadership in only one episode. At the same time, even where the military prosecutor's office proved the illegality of the alienation, the property was not confiscated from the illegal acquirer. And in fact, the illegality of the alienation of state property was proven only after the statute of limitations expired and the guilty person was released from criminal liability.
fourthly, since in one episode the illegality of confiscation of state property in the Research Institute "Storm" has been proven, it is obvious that the decision of the head of the department of the SO of the Kyiv OP in Odesa GUNP in the Odesa region to terminate the criminal proceedings due to the absence of a crime in the second 5 episodes is at least strange
Strange, but understandable from a business point of view. After all, 1 month after the cancellation of the arrest on the alienated real estate of the Scientific Research Institute "Storm", the City Planning Council approved the project for the construction of a residential complex exactly on the site of this alienated real estate. After that, the Odessa City Council first approved a new detailed plan, and then leased 1,0103 hectares for residential development. During this time, the owner of the real estate changed - instead of "Zolotaya Rybka" LLC, the new owner became LLC "Storm J.S.", which also acted as the developer of the territory, where a new residential complex "Aurora" is already being built instead of the destroyed buildings of the Research Institute "Storm".
And for us there remain rhetorical questions:
- Why didn't the military prosecutor's office intervene and forbid construction on the site of the expropriated buildings of the Storm Research Institute?
- Why did the military prosecutor's office ignore the fact that it was approved by the Odessa City Council detailed plan of the territory within the boundaries of st. Akademika Filatova, str. Kosmonavtov, st. Generala Petrova, ul. Ivan and Yuriy Lip, the only remaining building of the Storm Research Institute falls under the stain of construction, and in the text part of the Storm Research Institute it is mentioned as a former institute that is no longer functioning? Maybe because the developer intends to take possession of all the property of the Research Institute "Storm"?
Back in 2018, both officials and experts spoke quite critically about this construction:
How will this construction affect the stable functioning of two defense enterprises — SE "Proizvodstvenno-technicheskoe predpriyatie" Granit" and SE "NII Storm" located nearby? Obviously, neither the management of these state-owned enterprises nor the management of Ukroboronprom are interested in this.
Author: Hryhoriy Kozma, "Public investigation«
