Judging by an abundance of enthusiastic headings in electronic and printing mass-media, in Crimea the agrarian question has started to dare. The ground commission is created by the Sovmin of Crimea. Prime minister Dzharty almost daily gives interview on this theme, underlining that the question will dare in the order established by the law.
The mayor of Simferopol Victor Ageev instructs in search of a ground file in 1000 sites for settling wishing to be equipped «on the earth». Head of Medzhlis long and in a pointed manner broke, but on Friday, on February, 4th, all the same has reached mutual understanding with the authorities about cooperation in the agrarian question decision.
It would seem — hurrah! Ice has got under way! The problem, is a lot of years were a stumbling-block not only for Crimea, but also for Kiev (in the general Crimean question), has started to crack on all seams and is just about ready to burst, then on peninsula general prosperity will be established, and the Crimean Tatars, at last, will cease to irritate the authorities with the incessant requirements of the earth.
But… At attentive perusal of statements of the state and municipal husbands involved in the decision of an agrarian question, there is an easy sensation of surrealism with persevering impregnations «deja vu». No, it is a question not about health of officials. Business, more likely, in those methods and the forms, which these officials suggest to use for the decision of ground problems.
Understanding and welcoming desire of the authorities to put things in order in this uneasy sphere and from the bottom of the heart wishing to help the people and state structures, it would be desirable to prepare in detail some ground myths on which base the power tries to build the ground policy in Crimea. Importance of such preparation consists that, putting the incorrect data right at the beginning, there is a risk to receive on an exit not the agrarian question decision, and another, essentially other problem. And it would not be desirable it.
MYTH the FIRST: Discharging of self-captures — the first step on a way of the decision of a ground problem
About it it is amicable, unanimously declare both Dzharty, and Ageev, and all officials involved in this business. Obediently echo them and Chubarov with Dzhemilev. Thus, nobody opens that «self-capture» and «discharging» is meant officials words. Means, it is necessary to make it independently.
So — self-captures. What is it?
In Crimea there are some modes «grasping» the earths which can be characterized this concept.
The first mode — under false documents when the earth is engaged in firm or the physical person approached to the power on the basis of documents which the body which has given out these documents had no right to give out or has given out in current legislation infringement. Such «legally lawful» self-captures across Crimea — a cart and the indecent sizes the cart.
As an example it is possible to result country houses in the Nikitsky botanical garden which is a reserved zone and, capital construction is forbidden in it. And country houses stand, and documents on the earth are available. Though under their law shouldn’t be.
By the given «legitimate» mode of the earth are grasped not only under habitation building, but also under business — hectares. The most sensational case of similar quasilawful allocation of the earth — military unit territory on street Balaklavsky in Simferopol. Certain firm «Olvi-Crimea», shaking by the documents which have been given out by the Executive Committee of the City Soviet of People’s Deputies of Simferopol, tried to destroy the ground glade of the protest located in this territory three times. From giving of this firm and on the basis of the documents given by it on the ground area, one of leaders of public organization «Аvdet» Danyal Ametov has been condemned for 4 years.
At the same time, chairman Repcomittette on ground resources has openly declared that the given territory belongs to the Ministry of Defence and isn’t transferred yet to balance of a city. Thus, the Simferopol Executive Committee of the City Soviet of People’s Deputies had no right to dispose of this earth — but, nevertheless, has transferred it in rent to firm «Olvi-Crimea» in «the order established by the law». Not clearly, the truth, which law — Ukrainian or thieves’? Or, perhaps — the law of jungle?
The brazen violation of the law confirmed with the high official is absolute, remains without attention — neither law enforcement bodies, nor Office of Public Prosecutor haven’t asked a question — and who it in the Executive Committee of the City Soviet of People’s Deputies has given out to firm the lime contract, having made thereby a heavy offense? And why till now it is not punished the official who has illegally signed the lease contract, the firm operating on the basis of counterfeit documents?
Whether the question on illegal drive of the earth in rent of «Olvi-Crimea» will be considered by the Ground commission? And from whom the disputable territory on Balaklavsky will «be released»: from firm with officially (but it is illegal!) the signed documents — or from citizens of Ukraine, the fifth year protecting a glade of the protest from impudent attacks «raiders in the law»?
The second mode — absolutely legitimate from the point of view of a law letter, but illegal under the realization form. It is a variant when a state structure or the official having the right to distribution of lands, allocates a desired site with the lawful decision or personally, either to the nearest environment, or interested firm — on award basis.Thus the earth is allocated in the shortest terms, in desirable volume, on it all necessary documents, if necessary — even backdating leave. And then these documents appear in courts as lawful papers with what they, basically, and are. Illegal the mode of their reception — well in this case is, what court pays to this attention?
Behind examples too far it is not necessary to go. The brightest fact of similar self-capture — last decision of former structure of Ministerial council of Crimea on allocation to citizens of Ukraine of 217 sites on Southern coast of Crimea. In actual fact all these citizens have appeared officials of Sovmin and members of their families. The new structure of the Crimean Ministry under the direction of Vasily Dzharty has selected these illegally allocated sites at happy owners — and how many such facts haven’t come into the view of the new prime minister? Hundreds and thousand.
Arrest of the former speaker of SR АRC Anatoly Gritsenko to who incriminate ground frauds in especially large sizes, also entirely keeps within this scheme.
The earths received in such a way by self-captures are? Undoubtedly! Reaction and actions of Dzharty in above described a case confirm illegality of a similar mode of employment of the earths. Whether the Ground commission will release such self-captures? It would be desirable to trust…
The third mode. NATIONAL GLADES of the PROTEST
This kind of autocratic employment of the earths, unlike two previous, has a number of prominent features which allow to call its «self-capture» with very and very big stretch.
If two modes described above are made «in silent» and publicity, as lines of an incense protest glades is the loud noisy action accompanied by meetings, statements, pickets and other forms of democracy avoid. On protest glades there are the organizing committees which are carrying on negotiations with the power; there are lists of participants; there are periodic general gathering of participants or watches by turns. In general, all becomes openly, anybody from the state doesn’t hide, on the contrary — actively search contact piece to the authorities responsible for allocation of the earth in given region.
Protest glades have arisen as reaction of the population to a ground arbitrariness from the authorities. The people who were putting in the statements on allocation of the earth, over and over again received refusals, motivated the most crazy reasons, more often — because of absence of the free earths. At the same time the earths were impudently sold by tens and hundreds hectare.
Seeing such lawlessness of the authorities and being afraid to remain without the earth, Crimeans have found the unique way out in their position, completely corresponding to requirements of the Ukrainian legislation: to designate desirable territory, to protect it from greedy paws of officials a lawful way, declaring this earth disputable territory — national protest — and to achieve official registration of this earth in the order established by the law.
Unfortunately, instead of solving questions, following the law, the former Crimean power has hastened to blacken protest glades as much as possible. Them have christened «self-captures», having put an equal-sign between infringers of the law and legislative citizens. All administrative and law-enforcement resource has been applied to intimidation and dispersal of glades of the protest — but anything illegal in actions of people of the power couldn’t establish. Only full and absolute legitimacy of glades of the protest allows them to keep the sixth year against furious attacks of the authorities and to keep territories necessary for people.
Crimeans (more often the Crimean Tatars as the level of population of Crimea most deprived and discriminated in the ground plan) in a mass order — to 1000 and more families — is occupied from 50-80 with the empty earths and begin struggle for their lawful registration. Considering point 5 of the Constitution of Ukraine, saying that «a power source in Ukraine are the people» — are received that the glade of the protest in the form of mass meeting of citizens of Ukraine is not that other as will of the carrier of the power to live and build the house in this place.
Why officials interfere with the carrier of the power performed by its will? Why anybody doesn’t punish them for it? Why on an agrarian question documents, certificates and the decisions contradicting the Constitution of Ukraine — to the main thing and the country supreme law are accepted by Sovmin and Supreme Rada ARC, municipalities and local self-government institutions?
Perhaps, the Ground commission should answer these questions? And from this point to start to put things in order in ground sphere?
National glades of the protest arise for no reason. In the literal sense of this word. People choose for years the empty earths, mark action borders, spend in territory geodetic works on a marking of roads and borders of separate sites. Also places are allocated for territories of a glade of the protest under the future inhabited file — a kindergarten, school, medical assistant’s point, shop, the market, etc.
Thus, the protest glade is not concourse of the impudent speculators trading in the grasped earths as it tries to present the power. Far not so. The protest glade is a prototype of the future inhabited file: with roads, communications, self-management and — the most important thing — with inhabitants of this file. To live in this file, people within 5-6 years go on gathering and watches from the different ends of Crimea — unless they will sell the getting land with such work?
Fifth, LEGAL SUPPORT
Each national glade of the protest is declared in the order established by the law, as an official protest action. Each participant of the action sends the statement for ground area allocation addressed to local council. Each participant of the action has the legitimate right for the reception of the earth guaranteed by the Constitution of Ukraine. And each participant of the action waits for the decision on earth allocation to issue the site legally.
In the presence of good will and a prevalence in consciousness of officials state, instead of personal, interests, the question with protest glades could dare already 2-3 years ago.
(It is interesting, whether there will be a previous phrase actual through pair-three years?)
Comparing three above-stated modes of autocratic employment of the earths we see that the greatest danger to Crimea and Ukraine represent the two first mode, connected with participation in self-captures of officials of various ranks and levels.
Confirms this assumption and the statistican, according to which area, occupied with national glades of the protest, make only from 12 to 17 % from all Crimean self-captures. If to consider that in quantitative expression under national glades of the protest there is 2500-3000 hectare, it turns out that by the official and commercial self-captures is occupied from 20000 to 30000 hectare of the Crimean earths.
Thus, as the same impartial statistics shows, the most extensive areas of the earth are grasped for commercial objectives — at Southern coast and in a fertile steppe zone of Crimea, and also in big cities under commercial building. The zone of Simferopol and the Simferopol area which «discharging» prepares to be engaged the Ground commission, makes in percentage expression no more than 8-10 % from a total area of self-captures and no more than 3-5 % from financial cost of all «grasped» earths.
In this connection there are at once some reasonable questions:
Why «discharging» of the earths have decided to begin not with commercial self-captures of expensive South careful zone, and from citizens of Ukraine, a lawful way of 6 hundred parts achieving guaranteed by it by the Constitution of Ukraine and located around Simferopol — in the distance both from the sea, and from fertile farmland?
That it is cheaper and more favourable to the state: to release ten thousand hectare illegally occupied in two-three tens of firms — or to select on six hundred parts at each of 20000 families having on this earth a constitutional law?
That it is cheaper and more favourable to the officials participating in giving away of the earth: to return to the state the hectares «justly» received bypassing the law — or for attention derivation to arrange in Crimea a mass turmoil, driving the people from five-six-year glades of the protest, on many of which houses are already constructed?
It is thought that activity of the Ground commission should begin not with «discharging of self-captures», and from the fair answer to the questions put in this article.
Otherwise we begin witnesses of the next failure of the next attempt of the next power to solve once again definitively in Crimea an agrarian question.
Specially for the Mf-inform
P.S. On this article the theme of ground myths in Crimea doesn’t come to an end. In following publications such myths will be prepared:
Medzhlis has influence on self-captures
In Crimea the Crimean Tatars are engaged in self-captures only
Allocation of a uniform ground file will solve a problem of self-captures
Self-captures don’t allow to Simferopol to develop under the general layout
Self-captures — the commercial project for backing out and earth resale