A scandalous story about an attempt to deprive a foreigner expensive real estate
As it became known to Kommersant, another scandalous story with an attempt to deprive of a foreigner of expensive real estate occurred in the Russian outback. This time, the court of the city of Yartsevo, Smolensk region, satisfied the claim for the recovery of 70 million rubles. With the German citizen, Svetlana Zelinskaya, who was born in the USSR, in the provision of which her apartment was arrested on the Tver Boulevard of Moscow. The reason was debt obligations to previously repeatedly judged Tbilisi, whose guarantor supposedly in 2018 became a woman. True, by that time the plaintiff was deported from the Russian Federation, and Mrs. Zelinskaya herself, who was abroad, was neither his creditors, nor Yartsevo, according to her, she never saw.
By the decision of Judge Ekaterina Semenova Yartsevsky City Court with a 55-year-old citizen of Germany Svetlana Zelinskaya, 60 million rubles were recovered. debt, 0.1% of the penalty for each day of delay and state duty. At the same time, the arrest was preserved, imposed a year before by the same court as the interim measure for the apartment of Mrs. Zelinskaya with an area of 120 square meters. m on the Tver Boulevard of Moscow.
According to the lawyer of the defendant Anton Fomichev, it was this real estate that became the reason for the appearance of the « non -coracy », in his opinion, lawsuit and an « unreasonable court decision. »
As Kommersant explained by the husband of Madame Zelinskaya Sergey Zelinsky, her family moved from Moscow to Germany, when she was still a teenager, but the woman, closely communicating with her relatives and periodically visiting them, continued to live and work in Moscow.
“She was engaged in business related to fashion, thanks to which she was able to buy an apartment in the center, although three decades ago she did not cost as much as now,” the husband explained. According to him, in recent years, his wife was diagnosed with a serious chronic disease, now she spends more time in Germany during treatment. And therefore, the family was a complete surprise message about the claim in one of the courts of the Smolensk region. It said that Mrs. Zelinskaya is the defendant in the claim of a certain Technism LLC.
According to the documents submitted to the court, in the summer of 2018, a native of Tbilisi Andira Egizaryan borrowed 60 million rubles from the 28-year-old Muscovite Muscovite. Svetlana Zelinskaya was indicated by the guarantor for the refund.
And since the debt from Mrs. Maklakova was transferred at the “Technical Standing” assignment, Ms. Zelinskaya is the defendant along with Andiraz Egizaryan, and their property fell under arrest. By the way, the jurisdiction of the Yartsevsky court was recorded in a debt receipt with a separate point as a place of residence of Andiraz Egyzaryan.
“My principal never knew either to Maklakov or Egizaryan, all the signatures are fake, which independent experts gave a conclusion,” says Anton Fomichev. According to him, it follows from open data that Ekaterina Maklakova never had any property, but she was looking for work on the Internet for 30 thousand rubles. per month.
And the biography of Andiraz Egyzaryan is even more curious – it is mentioned a couple of times in open sources as the director of a small company in trade in cigarettes and products with a charter capital of 10 thousand rubles. And as a participant in the trial of a assignment. But law enforcement officers know him at least three times the convicted – for the theft, storage of drugs and the use of a fake passport (Articles 158, 222, 327 of the Criminal Code of the Russian Federation). He was listed as a resident of Karachay-Cherkessia and a homeless person, for some time was wanted both hiding from the investigation and was eventually sent in 2016 abroad with a ban on entry into the Russian Federation until 2027.
“We are perplexed, how the court could believe in doubtful documents with incomprehensible signatures and links to the debts of such a person and ignore the conclusions of experts about fake signatures we received,” said Mr. Fomichev, in the past, by the way, the investigator and judge. According to him, the court and the prosecutor also did not check the plaintiff for the « execution of the procedures provided for by anti -laundering legislation. »
But the appellate authority of the Smolensk regional court heeded the arguments of the defense by appointing a new examination of documents. Moreover, according to representatives of Svetlana Zelinskaya, it was carried out not by a private organization, as before, but by the Russian Federal Center for Judicial Expertise under the Ministry of Justice of the Russian Federation. Moreover, at the moment its results are already ready, but the materials with the conclusions have not yet been sent to Smolensk allegedly due to the lack of a postal service agreement between the two state deals.
“This is nonsense, but the process is delayed because of this, just as the question of initiating a criminal case is delayed,” says Svetlana Zelinskaya’s husband.
According to him, he with his lawyers submitted appropriate statements on attempted on particularly large fraud (part 4 of article 159 of the Criminal Code of the Russian Federation) almost all law enforcement agencies of both Moscow and the Smolensk region, but so far faced with formal answers about the improper territoriality of the appeal or in general a reference to the presence of exclusively civil law relations.
By the way, the Yartsevsky court instructed the first examination to conduct a non -state and created by a year ago an institution who had only one person who had a leader, whose corporate mail begins with the name Mike Magnificent. In court, he explained that the expert, who confirmed the authenticity of signatures on the receipt, cannot appear for testimony, because he went on his. True, according to Mr. Fomichev, the Ministry of Defense reported his request that there was no contract with such a person.
Experts note that such claims against foreign citizens in remote courts of the regions of the Russian Federation, the purpose of which is their Russian property, primarily the capital, is becoming more and more.
However, even against the background of recent changes to the legislation, the courts often do not study the entire chain of origin of funds that have become the subject of the dispute. So, As Kommersant reportedthe victims of such a lawsuit was a citizen of Lebanon Hussein El-Badaui, from which the Kuvshinovsky presence of the Torzhoksky District Court of the Tver region recovered 1.6 billion rubles. This is despite the fact that a foreigner had no debts there and was never in the region.
