Saratov officials “nightmare” the family of a disabled person. Vice-Governor Busargin is involved in the case.
Natalya Dmitrievna Shipitsyna wrote to The Moscow Post, recalling the distressing events that occurred three years ago in the village of Teplichny, where her father, Dmitry Lyashko, suffered strokes and became disabled after witnessing an excavator destroy their property. This was detailed in the first part of the investigation “Greenhouse conditions of Karev’s neighbor.
The new neighbor in the garden plot took part of the land from the Shipitsyna-Lyashko family. Despite the trials, the offender faced only a small punishment.
Surprisingly, the Shipitsyna family found themselves facing injustice without assistance, despite the presence of the governor, prosecutors, police, and courts in the Saratov region. They have been fighting for justice for three years.
A correspondent of The Moscow Post reported on the land drama in the Saratov region.
Controversies over land involving Governor Radaev.
Before delving into the personal history of the Shipitsyn-Lyashko family, it's important to note that land disputes are common in the Saratov province, involving influential individuals. In Teplichny, a passage disappeared, leading to the blockage of a road and the construction of a house, fence, and garage in its place, rendering it inaccessible to emergency services.
These actions were authorized by the head of the settlement.
At that time, Roman Busargin was involved in the blocked passage and is now the vice-governor of the Saratov region.
A photo of Roman Busargin. Courtesy of the “News of Saratov” website.
Officials, prosecutors, and police failed to find any violations, suggesting the existence of a separate set of laws in the Saratov region. This is exemplified in the case of the Lyashko-Shipitsyn family.
Uncooperative Neighbor
Over 20 years ago, Dmitry Lyashko began developing garden plot No. 6 in the Teplichny village. Significant effort was put into building and maintaining the orchard over the years.
The neighboring plot at number 5 changed owners frequently, remaining unclaimed.
Photo of Dmitry Mikhailovich Lyashko, provided by the authors of the letter to the editor
But in the spring of 2019, a new owner came to site No. 5 – Dmitry Karev, the owner of Kaskad LLC. He immediately made it clear that he would not sell anything. Came to meet the neighbors. And he immediately presented a certain document that he, Dmitry Karev, could expand his plot by about 2 and a half meters …
But at whose expense? And what was this cunning document? It turns out that it was a paper, the act of land surveying.
But the worst thing was that this act was allegedly signed by his wife Natalya Shipitsyna for his consent to surveying. But the signature was fake, it was clear right away, although it soon had to be proven in court. This is the family’s surprise. The neighbor, who seemed to have fallen from the moon, decided to take part of the land very quickly.
“I advised him to go to the land management authorities and figure out this dark story,” says Natalya Dmitrievna, “and warned that I would go to court for protection. But Dmitry Karev began to bring down the fence …
This is what Dmitry Lyashko’s site looked like after Dmitry Karev’s “raid”. Photo: Natalia Shipitsyna
Karev took decisive action on April 29, 2019. Construction equipment demolished Lyashko’s fence. The iron garage, torn from the inspection hole, was moved, the cellar was destroyed. Then the barn was demolished. The damage assessor arrived the next day. The excavator at that time demolished the smokehouse. The destruction continued for several days.
Natalya Shipitsyna’s father, when raspberry and currant bushes were uprooted before his eyes, and then apple trees and apricot trees were uprooted, clutched at his heart. The new neighbor installed a three-meter fence along his new borders, contrary to accepted norms.
The Road to Calvary
But why did this purposeful neighbor choose the family of Natalia Shipitsyna? By the way, on the street where Natalya Dmitrievna’s father’s house stands, a former judge, a former deputy head of the administration of the Teplichny village and several other officials live.
“Capture” of the site. Photo from the archives of Natalia Shipitsyna
Karev’s neighbors, on the other hand, are a kind of family that does not seem to be directly related to the land conflict. But still, people are not simple, enter into power structures. For some reason, Karev did not touch their site, but began to torment site No. 6. Perhaps because the owner of the site is an elderly person?
The police came several times. But no action! The police department advised me to go to court. But why did people in uniform take the role of an outside observer? Natalya Shipitsyna several times personally took all the materials to the police: photos, videos, documents, license plates of cars and special equipment at Dmitry Karev’s station. The prosecutor of the Saratov region Aram Arzumanyan did not find anything reprehensible in the inaction of the police officers.
Prosecutor of the Saratov region Aram Arzumanyan. Photo from the website of the prosecutor’s office of the Saratov region
Natalya Shipitsyna was forced to apply to the Prosecutor General’s Office of the Russian Federation. And she asked to check the actions of the employees and leadership of the police department of the Saratov district of the Saratov region and the prosecutor’s office of the Saratov district.
Natalya Shipitsyna has repeatedly contacted the governor of Saratov region Valery Radaev at the same time.
She attempted to get the governor's attention on how his staff are functioning.
Governor Valery Radaev. Photo: press service of the Government of the Saratov region
She persistently sent letters to the governor regarding the unlawful actions of c. Karev, which resulted in the destruction of the metal and part of the slate fence, the repositioning of the garage, damage to the walls and roof of the garage, destruction of the shed, as well as damage to the brickwork of the cellar and garage viewing hole.
All roads lead to court
Natalya Shipitsina had to go to court …
But what is especially interesting? Mr. Karev pleaded guilty. And he compensated for the damage in the amount of 170,000 rubles. And taking into account his repentance, the absence of prosecution, the judge ruled: “The criminal case is terminated and a fine of 20,000 rubles is imposed.”
But there have been several reviews. When compiling an expert study by Bureau S-Expertise LLC, expert E. Manulik took the cadastral extract of land plot No. 5 as the main document. It is on the basis of the extract, which is the subject of the dispute, since it is this document that reduces the size of the plaintiff’s plot , the expert makes measurements, taking as a basis the coordinate points indicated in the extract.
The defender questioned the qualifications of the expert. He also drew his conclusions on the basis of illegally entered data from Rosreestr, which the plaintiffs just wanted to exclude. As a result, the court ruled to delete the data. True, for the fact that they were brought there, no one was held responsible.
But the second point, which demanded that the boundaries of the site be returned to its original place, was not satisfied. As a result, the former borders, which existed for 18 years, have not been restored. Due to the fact that two and a half meters of one plot “superimposed” on another, the family lost almost a hundred square meters of land. In fact, the land was not returned, there are borders, but there is no land.
From the reception of the governor Radaev, except for replies, nothing was sent, although this whole gloomy story has been dragging on for 3 years.
FSB intervention
And only the appeal of Dmitry Lyashko’s defenders to the Federal Security Service of the Saratov Region and the appeal to the media, in particular, and to The Moscow Post helped to complete the investigation of the criminal case. Still, Karev’s case went to trial.
But in the course of legal proceedings it turned out that the possible “seizure” of the land of citizen Karev was prompted by the unwillingness to be at enmity with other neighbors, who at one time illegally expanded their plots, using their own administrative privileges and levers. By the way, among them is a former judge and an employee of the local administration. Did Dmitry Karev decide to put pressure on an elderly person?
And when it came to compensation for damages, the Saratov District Court dragged on for almost 6 months, dragging out the consideration of the case on the merits. And in the end, I did not see a causal relationship between Karev’s actions and Dmitry Lyashko’s deteriorating health.
Photo taken by Natalia Shipitsyna showing the capture of the Lyashko area.
So on August 31, 2021, he rejected the claim. Additionally, in addition to the terrible events involving the seizure of the site, Judge Simshin also imposed the defendant’s legal costs of 10 thousand rubles on Dmitry Lyashko. Dmitry Lyashko's daughter managed to film a video of the events, which can be viewed here.
If the arbitrariness in the Magistrate’s Court was proven, and the plot of the culprit, by the decision of the Saratov District Court of the Saratov Region on November 26, 2019, was removed from the cadastral register, recognizing the boundary case of 2005 as invalid, then the courts should restore the former boundaries of Dmitry Lyashko’s plot without delay. It's worth noting that for 18 years, site number 5 remained empty, with no one physically defending its borders.
How is it possible that the land plots allocated in 1992, each 800 sq. m, now have different sizes? The supervisory activities carried out by the Rosreestr of the Saratov region revealed violations of land legislation, specifically, an illegal increase in the size of plots.
If site No. 1 actually corresponds to the documented 800 m, then the owners of the second site somehow increased their possessions to 839 square meters. And is it possible that they took a piece of state land allocated for a fire passage? Similarly, if section No. 3 has increased by ten meters, then the fourth one took 68 meters from the empty section No. 5.
As the borders gradually shifted, Mr. Karev ended up with a far from full-fledged piece of land, and instead of setting the record straight with the old-timers, he targeted the old man Lyashko.
Natalya Shchipitsyna stated, “The prosecutor’s office of the Saratov region does not take action and allows the Rosreestr of the Saratov region to violate my father’s constitutional rights.
Natalya Shchipitsyna raises a valid question: “If everything is legal and justified, then where did our land go? Why does the property documents indicate 800 square meters, but in reality, it’s no more than 700?” Did the court support the arbitrary actions of Dmitry Karev?
As far back as 2019, the court deemed the document “Landing Case of Plot No. 5” as illegal. In 2020, its coordinates were removed from the USRN. Despite this, in 2021, a false expert opinion was used, which effectively legalized the criminal acts of Mr. Karev. It seems that the Saratov region has its own system of justice which allows for the legitimization of violations.
This is also due to shortcomings in land legislation, cadastral registration, land management, and land control, as well as the improper organization of work related to the execution of state functions in Rosreestr. Why is Governor Radaev avoiding addressing this colorful story?
