the eldest daughter, Pauline, was the third year, when Andrew and Nina Ivanko with the help of relatives, purchased land with standing on an old house with no amenities. Here, on the street named after Lermontov, all plots are standard on the 3.6 acres. Once their allocated officer to the families of the cottages, but the cottagers there for a long time, and all properties are built tightly standing to each other houses. Comfortable housing for their children in place of the old dilapidated buildings would elevate and Andrei Ivanko. Processed necessary documents received in the administration of Karasunsky County building permit. And decided to know the wishes of the neighbors.
And then for the first time faced with unclear requirements. If left neighbors are happy for them and wished them success, then sleeps right family Yakovenko gave him six conditions – from rooting out growing in their yard wood to build, at its expense, up to three meters high fence installed on the boundary and offset from it in four-foot laying house.
Conflict and argue Andrew did not. The way out of the situation helped to find the neighbors to the left, whose house stood more than four metres from the boundaries. That is, between the two areas remained sufficient passage in case of fire and other emergency. So they easily signed consent to be reduced to 1.7 meters the size of the offset from its boundaries from Ivanko. Then Andrew with a calm heart signed a contract with a construction firm.
By this time they had born a son Timoshka.
– While the wife was in the hospital, – says Andrew – I started the demolition of the old house on the purchased plot. Broke the first scandal. Tatyana Yakovenko, put us almost impossible demands which I, nevertheless, met, attacked the workers with shouts and threats. While her husband, Nikolai Andreyevich, thus saluted his bonds, promising to deprive us of ownership. He repeatedly emphasizes that he is a Colonel of some power structures. Seriously if the threat is not perceived. But in vain…
to avoid neighbor’s complaints, the Foundation of a new house Ivanko laid at a distance of about four meters from their boundaries. This resulted in some displacement of the “building footprint”, as experts say. But for all other parameters the construction of the house took place in accordance with a licence. Therefore, the visit of representatives of the city administration Andrei reacted calmly. But then he received a summons to court. It turned out, the management of municipal control of Krasnodar has addressed with the claim about demolition of their house under construction on the basis of the complaint of Tatyana Yakovenko, the interests of which no one had been violated.
By this time the house was still in a stage of construction or when, experts say, can any adjustment project. However, the officials, the mayor��and Krasnodar satisfied the only option is demolition, calling him a “squatter”. Fortunately, the judge of the Soviet district court of Krasnodar Olga Violin approached the matter informally. It is objectively understood the situation and came to the conclusion that no irreparable mistakes wife Ivanko did not violate, and issued by the administration of the resolution excludes the fact of unauthorized construction. And the administration refused to satisfy the claim of the demolition of the building.
That is, the court found that the land belongs to the owner of a house under construction, the purpose of this land allows the construction of a building, draws the interests of the house does not violate and does not threaten anyone. Why, they ask, then shut it down?
But the fervor of the city administration officials that the court’s decision not cooled. They appeal to the regional court. The couple Ivanko hope that a higher court will support them, but there it was. From the top, may be visible, but justice for some reason, most strabismus. So this time: judge Krista Natalia Ganushkina cancels the decision of the Soviet district court satisfied in full the stated requirements of the administration of Krasnodar. Demolition, period. Ivanko not give up. The Bureau krisada cancels the decision and then the civil case returned to the court of appeals, i.e., the same regional court.
this time to its production it was made by the judge Roman Scitico. At Ivanko began to hope for an objective decision of their problem. Moreover, in accordance with the instructions of the Bureau, he appointed construction and technical expertise. But here, it soon becomes clear that the sword of justice are not inclined to justice, and to “the right decision”. Examination is why it is called re, although no expert studies on the matter have not been conducted. Moreover, the expert Advisor of Andrey Vasilchenko it takes, according to the case documents, just two working days. Although the holding of such examinations because of their complexity, the law has a term of not less than 12 business days.
– In our precinct, he spent only forty minutes, – says Andrei Ivanko. – Do not hide the fact that his “very asked to find a violation”. But as other have not found what I will write, he said, about violations of fire regulations. We then decided that he was joking, but it is on this basis the regional judge Sahitya issued once again a decision on the demolition of our building.
It happened on may 16 last year. Spouses and Ivanko was not even allowed to meet with the examination and to prepare an objection to it. Meanwhile, the expert points out, that their alleged home construction is threatening the fire safety of the neighboring buildings, located at a distance of six metres. “It’s absurd that proved all subsequent examinations, including about��Eden “Test fire laboratory”, which is the only such institution in the North Caucasus. But nobody hears us, – is indignant Andrey Ivanko. – Why is our local government so blind?”
a deal out of it all, who knows the young family.
Have two small children and they are deprived of housing, and hence of the future,” says Valentina Borisova or as it is here called “Baba Valya”, the older on the street named after Lermontov, where the area under the number 42 to build a house Ivanko. And the main culprits for all troubles of a young family Baba Valya believes their neighbors Yakovenko, whose house stands behind a high, three-meter iron fence.
– When then construction began, they came to me with slander, Ivanko allegedly starting fires in their cabins, she says. Two pages of fables they made up and thought I will sign them. But of course I didn’t….
I was able to speak by telephone with a representative of the family of Tatiana and Nikolai Yakovenko – the son of Yuri. Together with his sister, he lives in the parental home, so in the course of events.
– what are your claims to Ivanko? – I asked. – What are your interests, they violated their newly built home.
Yuri said that neighbors of their rights are not violated, so they say, neither the parents nor he sister they never complained.
Alas, the answers to complaints filed by his mother, Tatyana Yurievna is even in the materials of the civil case. In conversation with the correspondent “RG” the head of Department of municipal control of administration of Krasnodar Dmitry Vodolatsky claims that it’s nothing personal: “It is on the basis of its filed complaint, we audited and appealed to the court, which finally ruled that the demolition of a house under construction Ivanko”.
– What matters to us, if so, the court decided, – presses, a reporter for the official.
And on the question of why the inspectors had no claims to the home themselves Yakovenko, built almost without any indents from boundaries, Vodolatsky told me to write about this statement: “We’ll check”.
How delightful are the words of the officials when you don’t know the facts. After all, treatment for this reason in the management of municipal control have been reported, but… how do you think they found? I quote: “the checks carried out have not found Yakovenko any violations”.
And here do not want to believe your eyes and ears. As they say, it’s not the tests, and in what order they are carried out: to punish or pardon… So the lack of indentation of the boundaries of the house Yakovenko, officials explained issued on this resolution (!!!), and about observance of fire regulations said that it supposedly does not fall within their competence. Although EMERCOM in Krasnodar region States: “violations of the requirements of fire safety��and the construction of a residential house at the address: Lermontov, 36 (this object belongs to the family Yakovenko)”.
Why, they have clearly increased interest in the country it can only be assumed.
Sergey Myshak, Commissioner for human rights in Krasnodar Krai:
– after Examining the documents, I asked the mayor of Krasnodar Evgeny Pervasive with a number of questions. Why the administration of Krasnodar is to help people solve their housing problems, their actions creates the problem? So whether you need to seek the demolition of individual houses? What was the true reason for going to court? On what basis the municipality begins to compress the family? What she saw violations? After all, the first instance court, all completely described in detail, denying the administration of the claim. Why city hall has filed a complaint appeal? What was the basis?
some of the questions addressed by the judicial system. For example, why one and the same object, the first instance court makes a decision a few months later another court makes the opposite decision? What is the basis of such paradoxes: the truth or something else? I turned to the Federal Commissioner for human rights Tatyana Moskalkova and asked her to appeal to the Supreme court of the Russian Federation in the interests of the family Ivanko.
