Potatoes Or Oats

In accordance with the Resolution of the Administration of the Iskitimsky District of the Novosibirsk Region No. 368 of 30.04.1993. "On the registration of a joint-stock company of the closed type" HASK "(as amended by Resolution No. 551 of 30.06.93), for the joint-stock company" HASK ", 850 hectares of farmland were allocated to collective-shared ownership .

On the basis of this decision, former members of the kolkhoz - shareholders of JSC HASK - were given certificates of ownership of the land, with which they assigned land shares of 10 hectares to each.

In 1996, the general meeting of the shareholders of JSC "HASK" was held on the transfer of land shares for the conduct of a personal subsidiary farm.

By the decision of the head of the administration of the Iskitimsky district of the Novosibirsk region No. 126 of 01.03.94 and in accordance with the Land Code of the Russian Federation, the AOZT "HASK" was withdrawn from the land for the provision of sites for personal use.

Based on the resolutions of the head of the administration of the Iskitim district of the Novosibirsk region No. 433 of 08.05.1996, No. 822 of 10.09.1996, No. 1098 of 27.12.1996, No. 1099 of 27.12.1996, No. 1100 of 27.12.1996, No. 1101 of 27.12.1996 , №1102 from 27.12.1996, №1103 from 27.12.1996, №374 from 30.06.2000 the shareholders of JSC "HASK" were presented land plots for the conduct of personal part-time farming.

In 2003, on the basis of Contract No. 52 of 10.04.2003, FSUE West-Siberian Research and Design and Survey Institute for Land Management ZapSibNiigiprozem produced the Border Plan of the Ust-Chomsky Village Council of the Iskitimsky District of the Novosibirsk Region. In the preparation of this plan, right-establishing and eligibility documents, land surveying and land allocation materials were used. According to this plan, all allocated sites for the maintenance of personal subsidiary farming were plotted on the plan and a list of rights holders of land plots was drawn up.

Individuals wishing to engage in crop production every year processed their plots (according to the plan of borders) and cultivated plant growing products.

Another part of the residents of the village of Kharino by the end of the 1990s in the early 2000s abandoned its ownership of the land or sold it to other owners because they could not process it and pay taxes. Among them were Andreeva's spouses (Vladimir Anatolyevich and Elena Aleksandrovna). They sold their plots of 10 hectares each to Lynov Vasily Ivanovich.

In accordance with the land survey protocol (1994), the list of rights holders of land plots and assigned cadastral numbers from 1996, the Andreeva VA site. On the boundary plan of the Ust-Chelysky rural council of the Iskitimsky District of the Novosibirsk Region was under No. 113, and Andreeva under No. 125.

Since 2006, Lynov V.I. Has made the development of these sites and since 2008 has grown on them agricultural crops (potatoes, grains). Part of the site Andreeva VA. (5 hectares) during 2008-2009 were smothered because of the weediness of the plot with weeds.

In 2010, a seed elite potatoes were planted on this land plot on an area of 5 hectares.

One of the landing days on the field came the director of OJSC KKH, deputy of the Council of Deputies of the Iskitimsky District of the Novosibirsk Region, senior specialist of the land relations department of ZAO "Siberian Anthracite" Mr. Shevtsov VA. With the statement that this site belongs to OJSC "KKH". For the veracity of his words, he showed cadastral numbers for all land plots of AOZT HASK. In accordance with its cadastral numbers, bought by VI Lynov. The plots were completely in a different place.

In accordance with the resolution of the administration of the Iskitimsky district of the Novosibirsk region No. 1103 dated December 27, 1996, the land plot under No. 113 (on the border plan) was previously owned by Voskhod. However, according to Mr. VA Shevtsov, presented by Mr. Cadastral number this site is located in JSC "HASK"?

On the proposal of V.V. Lynov. Temporarily for 2010 to cede this site with planted potatoes ( 5 hectares ) to an equivalent plot of 10 hectares ... (servant and protector of the people) Mr. Shevtsov VA Answered in the negative and suggested that he dig up the potatoes just planted.

Two days later, on the instructions of Mr. Shevtsov VA. Kungurtsev DV Sowed this plot of oats on planted potatoes.

According to calculations, the amount of damage to VI Lynov. Amounted to 1.5 million rubles, including:

- expenses for land plotting 50 t. Rub

- preparation of soil for planting potatoes 20 thousand rubles

- Planting of potatoes 20t. rub

- cost of seed 300 tb

- unearned profit 1110 thousand rubles.

For nineteen years, the villagers of Harino cultivated their land plots or rented out to farmers. During this period and at the moment there were no complaints about the boundaries of the plots from the owners of these plots.

However, with the appearance in the village of Harino, OAO KKH and its director, deputy of the Council of Deputies of the Iskitim district of the Novosibirsk region, the senior specialist of the land relations department of CJSC "Siberian Anthracite" Mr. Shevtsov VA. Cultivated land began to be appropriated to the ownership of OAO KKH, and in exchange to allocate overgrown, unprocessed for more than 19 years, plots.

For unknown reasons, the cadastral numbers of the plots and their location on the border plan are changing.

In 2010, residents of the village of Harino twice appealed to the Prosecutor's Office of the Novosibirsk Region to determine the status of the lands of the village of Harino. However, the specific answer of the Prosecutor's Office of the Iskitim district of the Novosibirsk region was not followed. In the final part of the Decree of the Iskitim Interdistrict Prosecutor's Office of 15.04.2010, it is indicated: "... the ownership of land plots is drawn up by OJSC KKH, and those shareholders who have not entered the state registration have not passed, in accordance with this, It is possible ".

From the above, it follows that all rights to determine the status of land plots of shareholders and their location on the boundary plan belong to OJSC KKH, (or rather, personally to the director of the deputy of the Council of Deputies of the Iskitimsky district of the Novosibirsk region, the senior specialist of the land relations department of CJSC "Siberian Anthracite" Mr. Shevtsov VA), and not to participants in shared ownership, as stated in Federal Law No. 162-03 "Conversion of Agricultural Land in the Territory of the Novosibirsk Region", Article 14 par. 2, Art. 15.

By what right and by what principles do the cadastral numbers of land plots and their location on the border plan change?

Why are the personal property of participants in the joint ownership of AOZT HASK managed by the self-nominated electors of the people, in the likeness of Mr. Shevtsov VA, and not the participants in the shared ownership, as indicated in the Federal Laws ??

On December 14, 2010 on the site iskitimcity.ru was the article "Deputy arbitrariness in Harino (Iskitim district)". Similar questions are posed in this article.

Who can help to understand the questions posed or to respond in accordance with the existing legislation of the Russian Federation?