Participants of the arrogant armed attack on the elevator of the member of the Ukrainian Agri Council (UAC) – farm enterprise "Strogogo O. F." (Kharkiv region), which took place in September this year, were offered to be released on bail for the period of pre-trial investigation. It should be noted that this case of raider seizure shook the whole country and attracted the attention of the authorities. In particular, the Minister of Internal Affairs of Ukraine Arsen Avakov publicly announced the taking of the case for personal control and inevitable punishment for the perpetrators.

If the raid attack had been brought to a conclusion, damade from the loss of the elevator, according to its owner Alexander Strogyy, would be more than UAH 400 million. However, the total amount of collateral for the participants in the armed attack is UAH 4.68 million, which is almost 100 times less than the losses that farmers could incur if the law-enforcement officers did not detain the intruders.

In general, 23 people were arrested on the results of the raider attack, including Oleg Shiryaev, former commander of the «Skhidnyy korpus» police force, which was formed in 2014 and disbanded in 2018. The court determined the amount of collateral for the participants of armed capture for UAH 140 thousand, and for Shiryaev – UAH 1 million. In addition, the court set a deposit of UAH 600,000 for a state registrar who, on the basis of forged documents, entered in the state register an entry on the change of the owner and the names of the farm enterprise "Strogogo O. F." to the farm enterprise “Slobozhansky Lany”.

According to the UAC, it is impossible to let the performers of the raider capture into freedom taking into account the resonance of this case and the fact of the problem of bodily injuries to the elevator staff. In addition, it is necessary to take into account the nature of the persons who did not stop shooting even in the presence of representatives of law enforcement agencies. There is no guarantee that dangerous persons will not go abroad before the court rushes to avoid deserved punishment, or do not commit other offenses. However, the domestic judicial system adheres to a different mindset and in fact enables dangerous offenders to move freely on the freedom.

At the same time, the Verkhovna Rada of Ukraine does nothing to prevent the next raider attacks. After the active phase of harvesting, and consequently the decline of the wave of raider attacks in Ukraine, the parliament lost interest in anti-raider draft law No. 8121. At the same time, the number and scale of raider attacks increases every year. Last year, the number of holdings of agricultural enterprises, or attempts to allocate property and yields of domestic farmers increased 2.5 times from 2016 to almost 1000 out of 360. And only in half of 2018 they were recorded more than 500. And the next raider wave in Ukraine will begin already very soon - with the onset of spring field work in 4-5 months.

Draft Law No.8121 obliges state registrars to verify if a person applying for registration has the right to conduct a certain transaction. All information on the conducted operations, in accordance with the text of the bill, must be kept and checked.

This document provides for online access of state cadastral registrars to the information contained in the State Register of Real Property Rights to Real Estate, and state registers of rights - to all information contained in the State Land Cadaster. This minimizes the risk that the registrar will "not know" that the sites were previously registered with another person. At the same time, administrative liability for violating state registers of legislation should be increased.

On July 10, the deputies adopted the bill No.8121 in the first reading. But the agrarian business is looking forward to its adoption as a whole since the scale of raider attacks in Ukraine becomes more threatening every year and the geography of raider attacks is expanding.

Recall that on September 7, 2018, according to false documents on the transfer of ownership of corporate rights the name of the farm "Strogogo O.F." was changed to the farm " Slobozhansky Lany".

Based on these changes in the register, on September 8, 2018, the "new owners" began the seizure of territory and land of the economy. They drove to the elevator, blocked the door to the entrance and exit, and began to load the cars with sunflower to remove it in an unknown direction.

On September 11, firing began at the farm "Strogogo O.F." elevator. There were injured among civilians, women and law-enforcers. In addition, the owner of the company Alexander Strohyy was wounded.

On the night of September 12, law enforcers liberated the territory of the elevator from militants. Thanks to the resonance given to the case by the Ukrainian Agri Council, the court arrested 22 persons who participated in armed seizure of the elevator for two months without the right to make a bail. Later this term was to be extended for the period of pre-trial investigation.

Meanwhile, on the eve of the consideration of the complaint by the Anti-Raiding Commission, the meeting of which was scheduled for September 13, Viktor Melenets, an unknown resident of Kiev, was introduced to the State Register of Real Property Rights and their encumbrances by the "new" owner of the farm. Therefore, the legal owner of the farm was obliged to submit an application to the Commission with a new complaint. In the end, already on September 19, a long-awaited trial on the merits took place, on which side Alexander Strohyy presented the Commission its arguments and provided unequivocal evidence of the fact of the raider seizure of the economy.

On September 21, FE "Strogogo O.F." received a positive decision of the Anti-Raiding Commission of the Ministry of Justice.

 

Thursday, 15 November 2018

 

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