Rechnik (garden partnership)

In 1956 ^[4] (according to other sources, in 1957 ^{[5] [6]} or in 1955 ^[7] ) by the workers of the canal. Moscow ^{[6] [7]} was founded gardeners Association "Rechnik". The partnership was allocated an area of ​​about 30 hectares for collective apple orchards with a ban on capital development ^{[4] [5]} .

On February 15, 1957, an agreement was concluded between the United Gardeners' Board and the Khoroshevsky Village Council on the transfer to the gardeners of land for unlimited use “for laying the fruit and berry garden” ^[8] . According to this agreement, gardeners were allowed to “build summer-type prefabricated shield buildings on the garden areas according to a single architectural plan for storing garden tools, mineral fertilizers, shelter from inclement weather, gardeners and their family members while working in a collective garden” ^[8] . The decision of the executive committee of the Moscow Council of August 29, 1958, the collective gardening organization was regarded as “unauthorized” and “illegal”, the agreement of gardeners with the chairman of the Khoroshevsky village council was declared illegal, in the same decision it was stated that about 50 illegally erected pavilions ”and that, according to the general plan of reconstruction of Moscow, this territory is intended“ for the construction of a reservoir, a rowing canal and other facilities for organizing a mass recreation area for the population ” ^[8] . With this decision, the executive committee of the Moscow Council decided to “request the executive committee of the Moscow regional council to oblige Kuntsevo district executive committee to withdraw” from gardeners of the land and demolish buildings ^[8] . On January 28, 1959, the executive committee of the Kuntsevo District Council decided to take the land away from the gardeners and demolish the buildings ^[8] . On May 7, 1959, the executive committee of the Moscow Council declared that “it does not object to the preservation of the existing fruit plantations” “without the right to divide this territory into individual sections and without the right to erect any buildings” ^[8] . On May 14, 1980, the Executive Committee of the Moscow City Council, in its decision, once again noted that arbitrarily erected buildings are subject to demolition ^[8] . Despite all these decisions, the village continued to exist.

At the time of its foundation, the gardening partnership was located in the territory of the Kuntsevsky district of the Moscow region , which became part of Moscow only in 1960.

As of 2005, 172 sites belonged to the territory of the FSUE “ Moscow Canal ”, the remaining 43 - to the territory of the city of Moscow ^[9] .

As of the beginning of January 2010, about 200 plots were located on the territory of “Rechnik”, in 50 of them the owners lived all year round. There were 150 veterans of the Great Patriotic War and Honored workers of the river and navy fleet among the inhabitants ^[1] . According to other sources, 84 out of 200 buildings belonged to pensioners and veterans of the Great Patriotic War ^[10] .

From the documents on the land they had only books confirming membership in the gardening association ^{[11] [12]} .

By order of the Government of Moscow on December 29, 1998, the territory was assigned to the Moskvoretsky Natural Park ^[9] .

The residents of “Rechnik” tried to formalize the ownership of the buildings and the land under their dachas, in which they had lived for more than a decade, but they were categorically denied by the authorities ^[13] .

In October 2005, the deputy head of the Federal Service for the Supervision of the Use of Natural Resources, O. L. Mitvol, stated that the “Rechnik” village was built illegally and is subject to demolition ^[14] .

In early 2006, Oleg Mitvol appealed to the Moscow prosecutor's office with a demand to check the legality of the construction of 400 houses in the village ^[4] . Mitvol explained that “the owners of these cottages appeal with documents of half a century ago, when there were gardens on the site of their estates. But one thing is an old apple orchard, and another thing is cottages ” ^[15] .

In September 2006, the land of the village was assigned to the FSUE “Moscow Canal” ^[4] .

On September 1, 2006, the law on dacha amnesty came into force, the village residents decided to use the opportunity to legalize their buildings, 25 people submitted documents to the Federal Registration Service , but they were denied registration without giving any reasons. Other residents refused to even accept documents ^[16] .

In May 2007, the Moscow Interdistrict Environmental Prosecutor's Office announced that it would seek the demolition of "illegally erected buildings" in the partnership. According to its representatives, the construction "created a real threat of causing irreparable harm to the environment, destruction of a part of the territory of the natural complex, which is of great recreational importance for the city." In addition, it was noted that "it has been established that a large number of transactions involving the transfer of property rights to them are made with illegally occupied land plots in the absence of state registration."

A little later, the chief architect of Moscow, Alexander Kuzmin, said: “There are a lot of violations [in the country cooperatives Rechnik and Ogorodnik there]. Sewerage systems in the territory of both villages there. That is, all waste through the soil is dumped into the Moscow River. The moorings were built, from which the owners of these mansions not only go sailing, but also in motor boats. And where does the fuel go? Where does the oil drain? ” ^[17] .

On May 11, 2007, the Moscow Prosecutor's Office sent 7 lawsuits to the court demanding the demolition of buildings in Rechnik ^[18] .

Since May 18, 2007, electricity was cut off in the village ^[9] .

Since May 20, 2007, the urban water supply was shut off and the inlet valves were bricked ^[9] .

In early July 2007, the Kuntsevo Court of Moscow granted two claims to the prosecutor’s office, deciding to demolish illegal structures. ^[18]

On March 11, 2008, the Kuntsevo District Court affirmed the right of residents of Rechnik to the land. This decision was contested, and on July 17, 2008, the Moscow City Court decided to release land on the territory of the Moskvoretsky Natural Park ^[19] .

In 2009, land located along the Moscow River floodplain was transferred to federal ownership.

In May 2009, Moscow Mayor Yury Luzhkov signed a decree according to which a park zone will be located on the territory of the partnership ^[20] .

According to Novaya Gazeta , from 2007 to 2009, while there was an active stage of court proceedings on the property issue, 12 residents of the village, the elderly, died ^[16] .

Payment of compensation for the demolition of buildings to residents of "Rechnik" is not provided, since the buildings are not registered.

Community Involvement

The conflict was attended by such public organizations as the Left Front and the MosSovet, thanks to whose activities the demolition of buildings was delayed and not carried out immediately. Sergey and Anastasia Udaltsov ^{[21] were} among the main initiators of the protection of Rechnik.

Demolition supporters

• Oleg Mitvol, Prefect of the Northern Administrative District of Moscow, declared in January 2010 ^[22] :

• On January 27, 2010, the prefect of the Western Administrative District of Moscow, Yuri Alpatov, claimed that the residents of Rechnik set dogs against Muscovites walking in the Moskvoretsky park ^[23] :

Opponents of demolition

The committee claimed that the residents of the partnership received the right to own land with a number of resolutions of the USSR Council of Ministers ^[24] , an agreement between the Khoroshevsky Village Council of the Kuntsevsky District of the Moscow Region and the partnership, as well as a recent decision of the Arbitration Court of the Moscow District of August 18, 2009 ^{[25] [26]} . The decrees gave the right to unlimited use of land because ownership in the USSR as such was not and the land belonged to the state, and the arbitral tribunal secured by its decision the right of ownership to an area of ​​55.96 hectares. behind the garden society “Rechnik”, thus making it illegal to demolish without a trial and compensation for the value of the property as required by Article 35 of the Constitution of Russia. ^[2] In addition to legislative and contractual substantiations, the authors of the Committee stated that the bailiffs in the process of demolition destroyed someone else’s property in one of the demolished houses, thereby violating the law requiring an inventory of such, and a number of court decisions were generally made with gross violations in relation to third parties and in their absence illegally. ^{[2] [27]}

On the night of January 21, 2010, at about 2:30 am, over 150 police officers arrived to the village, including riot police and special forces of the bailiff service, as well as construction equipment. Began the demolition of private houses. As a result of clashes with the police, three residents were injured, who were hospitalized with injuries. 15 protesting residents were detained by the police ^{[20] [28] [29]} . The demolition operation began in a twenty-degree frost.

The first was destroyed by a small panel house of Boris Piskunov, who arrived on the scene after the demolition.

According to the resident of the village, pediatrician Angelina Abramova, whose house was demolished second ^{[11] [29]} :

According to media reports, Abramova’s parents received land in Rechnik from Mosvodokanal in 1956, a three-story house was built using frame technology ^[12] in 2001 with funds received from the sale of a two-room apartment ^{[29] [30]} .

The prefect of the Western Administrative District of Moscow, Yuri Alpatov, said that Abramova’s house was selling for $ 11 million. ^{[31] [31] [32]}

As of January 23, 6 houses were demolished ^{[20] [28]} .

As of January 26, 8 houses were demolished; according to the bailiff service, it is planned to demolish 37 buildings, which are the writs of execution of the court decisions ^[33] .

On February 3, 2010, the Federal Service of Court Bailiffs of the Russian Federation stated that among the residents of the village whose houses are being demolished, there are no veterans of the Great Patriotic War ^[34] .

Also on February 3, the Kuntsevsky District Court of Moscow annulled its own decision to demolish the house of Angelina Abramova due to the fact that it was made in absentia, without the participation of the homeowner and using other people's passport data as homeowner data. According to a lawyer representing the interests of Abramova, there are a lot of similar court decisions ^[35] .

On the same day, Oleg Mitvol wrote a statement to the police and the FSB about anonymous threats of physical violence against him. Mitvol himself claims that the threatening fax was signed in the name of one of the nationalist organizations ^{[36] [37]} .

On February 4, 2010, Russian President D. A. Medvedev instructed the Prosecutor General’s Office and the presidential control department to check the observance of the rights of residents of the Rechnik settlement and the validity of house demolition, and the president also drew attention to the “inadmissibility of turning the solution of such issues into a kind of campaign” ^[38] .

On February 5, 2010, the Kuntsevsky District Court of Moscow refused to accept the claim of the residents of Rechnik against Yury Luzhkov, Elena Baturina, Viktor Baturin and the prefecture of the Western Administrative District about compensation for material and moral damage in connection with the events in the village. Reportedly, the reason for the refusal was that the plaintiffs did not own the demolished buildings ^[39] .

On February 6, 2010, the Federal Bailiff Service of the Russian Federation reported that one of the village activists sold a land plot in Rechnik for 57 million rubles, not being the owner or the user of this site ^[40] .

After the 2012 presidential election, bailiffs continued to evict residents ^[41] . As of the 2018th year, the problem of ownership of land remains unsolved. ^[3]

• On January 28-31, 2010, the Public Opinion Foundation , whose office is located near the Rechnik settlement in the Moskvoretsky PAs ^[42] , conducted a telephone survey in Moscow ^[43] . 41% of those surveyed by the POF believe that the government is acting incorrectly and unfairly against Rechnik. The reason for what is happening 32% called "redistribution, land grabbing, the desire for profit."
• On January 26-31, 2010, Levada Center conducted a representative survey of 500 Muscovites. The sympathies of 49% of the respondents were on the side of the residents of Rechnik ^[44] . In the conflict over the demolition of houses in the village of Rechnik, sympathy for the locals is most often expressed by women (53%), Muscovites 40-55 years old (54%) and with secondary special education (56%). The Moscow authorities are more inclined to support men (11%), Muscovites over 55 (14%) and with less than secondary education (14%).
• According to the journalist of Rossiyskaya Gazeta , Elena Yakovleva, there is a duality of standards and injustice towards the residents of the demolished Rechnik. Yakovlev proposed first to deal with the mansions of officials and businessmen built in violation of the law on the coastline of the Moskva River on Rublevka ^[30] .
• Writer Yulia Latynina compares the situation with the demolition of the village with what is happening in the third world countries:

• Member of the Public Chamber Alexander Brod said ^[16] :

• The public organization “Union of Gardeners of Russia” stated that a story similar to the one that happened to “Rechnik” can be repeated in any city: in order to withdraw a piece of land that attracted it, city officials only need to declare it a “reserve”. ^[45] Therefore, it is imperative to revise the laws responsible for the functioning of nature reserves and other natural protected areas.
• Yury Alpatov, the prefect of the Western Administrative District of Moscow, said that a number of media outlets distort the picture of what is happening ^[46] :

•  

  Report of the Ministry of Economic Development of March 17, 2010.
  The journalists of “ Novaya Gazeta ” claimed that, next to Rechnik, an elite residential cottage settlement “ Fantasy Island ” was built on the lands of a specially protected natural area “Moskvoretsky” park in the early 2000s, where, according to them, The Federation Council, major businessmen and generals of the special services, however, its appearance did not cause any complaints from the authorities ^[16] . In January 2010, Moscow Mayor Yury Luzhkov said that the island of fantasy is next in line for liquidation, since, according to Luzhkov, the builders violated the terms of the investment contract concluded with the city ^[47] . Leonid Bochin, the head of the Moscow Department of Environmental Management, said earlier that the permits for the village of Fantasy Island were obtained fraudulently ^[47] .
• It is entrusted to the Minister of Economic Development Elvira Nabiullina ^{[48] [49] to} control the situation around “Rechnik”, despite the fact that the other two ministers have their own property on “Fantasy Island” ^[50] .
• At the end of January 2010, Russian Industry Minister Viktor Khristenko and businessman Umar Dzhabrailov , who live in “Fantasy Island”, made statements that their housing was acquired in accordance with the law. According to Dzhabrailov, “it’s impossible to punish people twice - we have already suffered by buying apartments from a developer who didn’t properly prepare the construction documentation” ^[51] .
• Already on February 11, the authorities suddenly changed their position in relation to the “Island of Fantasy” and stated that the settlement was “officially handed over to the state commission” and therefore cannot be demolished ^[52] . A day earlier, the Moscow City Duma adopted amendments to the legislation permitting the construction of capital facilities in natural areas for sports and recreation, sports, environmental education and recreational purposes ^[53] .
• The program “Man and Law” on Channel One showed the story of the village Rechnik, the general plan of which the journalists took off with the help of a helicopter. Reporters of the program circled the entire village and recorded both old buildings and new mansions in the garden community ^[54] .
• Most of the members of the working group, who found out who lives in Rechnik, left of their own accord or transferred to another job .

Orders of the Government of the Russian Federation dated March 17, 2010 (No. VP-P13-1604)

Response from the Ministry of Economic Development of the Russian Federation on the settlement of property disputes between members of the SNP “Rechnik”

• Case A40-11433 / 08 on the claim of the “Rechnik” SNP to MGUP “ Mosvodokanal ” on resuming ^{[55] the} supply of drinking water.
• Case A40-34556 / 08 according to the suit of the Federal Property Management Agency to the “Rechnik” enterprise .
• Case A40-145764 / 09-49-725 on the claim of the Rechnik SNP against the Russian government on recognition of the right of perpetual use of land.

1. Video of the court session of August 26, 2010
2. Video recording of the court session of 01.09.2010
3. Video recording of the court session of 02.09.2010

• Case A40-10356 / 10 on the claim of the “Rechnik” SNP to the Government of Moscow on invalidating a tender for placing a state order for the demolition of buildings.
• Case CG-A40 / 7443-09 ^[25] on the suit of the Federal State Unitary Enterprise “Moscow Canal” and the Department of Land Resources of the Mountains. Moscow to the ST "Rechnik" on the release of the illegally occupied land.

• Country Amnesty