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Lawyer (advocate) Mr. Oleksandr Yevsiutin on issues of real estate problem on the radio "Vesti"

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Lawyer (advocate) Mr. Oleksandr Yevsiutin on issues of real estate problem on the radio "Vesti"






Managing partner of the LF "UiP" mr. Alexandr YEvsiutin answered questions from Radio Vesti listeners about the problems of real estate transactions and other problem areas, the functioning of registries and activities of notaries in these areas, and possible ways to solve the problems.


Ksenia TURKOVA, presenter: now a lawyer Oleksandr Yevsiutin is in direct communication with Radio Vesti. Hello.

Alexander: Hello.

Yuri Kalashnikov, presenter: Very pleased, Alexander Nikolaevich.

Ksenia, presenter: Amazing things are happening. And tell me, Alexander Nikolaevich, what to do if money is invested and the house is not built?

Alexander: In this case, this is a contractual relationship. It is necessary to watch the contract. If this is an investor, and this investor is an individual, then this, of course, is a big problem. We are conducting several similar processes. Basically, either people want to terminate the contract and return the money back, or if this money has already depreciated, then in most cases people are trying to sue or somehow solve these problems with the developers in order to provide other housing.

Yuri Kalashnikov, presenter: Somehow, at least in some way. Because many people took loans. Now there are no apartments, they pay for loans. Pay nothing. The situation is completely deadlock.

Ksenia: presenter: Tell me, what is about the percentage of long-term unfrozen? Can you talk about any numbers?

Alexander: You know, I do not keep statistics. Maybe this will be information from government agencies.

Yuri Kalashnikov, the presenter: Offhand. 5%, 10.



Alexander: You know, a year ago they said that they are starting to build. It is still under that authority. Under the current government there is only talk. I specifically can not tell you their data, who is now starting construction.

Yuri Kalashnikov, presenter: Alexander Nikolayevich, maybe you know some kind of formula, how to choose the right developer to take into account for the future? Advise.

Alexander: Of course, we need to check the legal entity. And check it in all sorts of ways, to the extent that you can handle requests. There are now such opportunities and the ordinary citizen. There is information in the registries, there is the Internet, after all. Of course, there is always danger here. Even when concluding agreements with state structures, we have such facts as the Foundation for Assistance to Youth Construction, other state programs that are provided by the state, and still there are problems, there are still long-term projects. Therefore, it is very difficult to provide for yourself. It is tempting to conclude a contract and get a property cheaper than the market value - to that many ...

Yuri Kalashnikov, presenter: Is it all "zamanuhi" special?

Alexander: People buy it.

Ksenia, presenter: Tell me, please, the state should somehow intervene, control this process, maybe, provide people with guarantees that the developer will complete the house? The state can somehow affect here?

Alexander: Legally - no.

Yuri Kalashnikov, presenter: Now - no. That is, we need some kind of law that would introduce a moment of control, some kind of lever should be with the state. Because the mass of people remained simply deceived. They are simply "thrown."

Alexander: You see, this is a contractual relationship, a free market. There is a legal entity that undertakes obligations. There is on the other hand an investor who trusts them. In this relationship, the state tries to distance itself from this relationship as much as possible, so that later it does not take responsibility. We have such a position. Whether it is correct or not, one can argue here. But the fact remains. The state enters a situation where there is a corpus delicti, and it can be proved that there have been fraudulent actions, then the investigating authorities and the judicial system start working. But the result, as usual, we know, is that there is no money and there is nobody to seek from anyone.

Yuri Kalashnikov, presenter: Everything is clear.



Ksenia TURKOVA, host: Thank you for your comment. Lawyer Oleksandr Yevsiutin was with us in direct communication. We will now make a short pause. And we will talk in more detail about what apartments will be allocated to the deceived investors who have suffered from the construction fraud.

Yuri Kalashnikov, presenter: Perhaps. Let's talk - maybe. In order not to jinx it.

Ksenia TURKOVA, presenter: May highlight.

Yuri Kalashnikov, presenter: In general, so.

Yuri Kalashnikov, presenter: Or maybe somehow got out of this situation, tell me. It may be useful for someone to hear the story out of the impasse.

Ksenia TURKOVA, presenter: They write about "Elita-Center" here. We will just talk about it now. The fact that they can highlight the apartment. Listeners immediately this name was sent to us.
Yuri Kalashnikov, presenter: I observe where we still have ... "In Kozin, Kiev region, the castle of the well-known swindler" Elita-Center ", Mr. Bogolyubov, is being built. And residents of the city are in the know, and the authorities. Here it is necessary to understand this situation. If so, now the society reacts quite differently. Let him tremble.
Ksenia TURKOVA, presenter: Artem asks: "Is defrosting of long-term construction projects connected with the resettlement of Donbass residents?" Partly connected. That is called as one of the reasons.
Yuri Kalashnikov, presenter: It seems to me that it’s such a surprise: hello, and what, defrosting is connected with the resettlement of Donbass residents? “I have a strange feeling about this situation in the Donbass. I'm already confused,” writes Ira from Odessa.
Ksenia TURKOVA, presenter: This is so, in general.
Yuri Kalashnikov, presenter: In general, yes?



Ksenia TURKOVA, presenter: And now we still, come on, about long-term construction, about specific stories of some kind.
Yuri Kalashnikov, presenter: It is about the fact that someone can provide apartments. And 102 apartments are really highlight the deceived Kievans, who suffered from the construction scam "Elita-Center". The decision on this should be taken at the next session of the Kyiv City Council. The victims will receive apartments in houses on Dragomanov Street. In one house on Khorolskaya Street and one at the intersection of Armenian and Kharkov Highways. This was announced in an interview with Radio Vesti by the head of the Kyivrada budget commission Andrei Strannikov. According to him, four more houses are being built, in which apartments are provided just for victims of the scam.
Andrei STRANNIKOV: 102 apartments. Tobto is there just to get a transfer from the Kiivrad vid 2010 rk. There, the transfer is already without the addresses, the names of the quiet, hto have been hardened, ofcibly from within. I axis 102 flats in advance є you can transfer it in the new borida. Tobto mi, 113 people will come to life immediately.
Ksenia TURKOVA, presenter: And right now we will remind our listeners about the loudest housing scam in Ukraine.
Correspondent: In 2006, representatives of the Elita-Center company group took money from citizens as a prepayment for housing. The proposed cost per square meter of housing ranged from 3000 hryvnia. The first residential building was scheduled for delivery in the second quarter of 2006. A number of financial institutions offered loans for housing, many people invested long-term savings and borrowed funds. Total money in the construction of housing invested 1,759 people. The construction of apartments was not conducted, and the fraudsters entered into contracts of double, and sometimes triple sale of apartments in non-existent houses. The total amount received by fraudsters is 400 million hryvnia. On November 1, 2007, Alexander Volkonsky-Shakhov, suspected of organizing this scheme, was detained in Switzerland. And a year later he was extradited in Ukraine. On September 8, 2009, Volkonsky was formally charged, which, despite the fierce resistance of his lawyers, was upheld.
Yuri Kalashnikov, presenter: You can add that the construction company Kievgorstroy earlier undertook to provide apartments for Ukrainians who suffered in the fraud with Elita-Center. Last year, the company transferred 106 apartments to victims of "Elita-Center". Here are 102 more.
Ksenia TURKOVA, presenter: And now we will receive calls. 390-104-6 - live telephone. If there are people among you who have suffered from various long-term lives of Kiev, what are you doing in this situation, how are you trying to solve these issues? 390-104-6 - live telephone. Here we already have calls. You can take them right now.
Yuri Kalashnikov, host: Hello.
Listener: Hello.


Yuri Kalashnikov, host: Introduce where you're from.
Listener: Yaroslav, Kiev.
Ksenia TURKOVA, presenter: You turn off the receiver. He plays with you and bothers us.
Listener: Yes, turned off.
Ksenia TURKOVA, presenter: What is your story?
Listener: History? Ask a question or not?
Ksenia TURKOVA, presenter: Wait, we are talking about Kiev protracted and asked to call people who have personal stories related to this?
Listener: Then, I apologize, I, apparently, then not in a subject.
Yuri Kalashnikov, presenter: And what is the answering machine with us.
Ksenia TURKOVA, host: 390-51-14. Thank. We have got in touch right now one of the victims of the scam with the "Elite Center" Vadim Titov. Vadim, hello.
Yuri Kalashnikov, host: Hello, Vadim.
Vadim TITOV: Good afternoon.
Yuri Kalashnikov, presenter: We just asked the listeners to call. But you as a direct participant in this scam, so let's say ...
Ksenia TURKOVA, presenter: He is still a victim.
Yury Kalashnikov, the presenter: The injured party.
Ksenia TURKOVA, presenter: In the scam



Yuri Kalashnikov, moderator: Immediate participant. You know, they say that people there, under the pretext that it was cheaper, carried cash with suitcases, and there somehow everything was settled down, sort of, in the shadow mode. And then the money disappeared. Even, in fact, there is no one to present. What is your story?
Vadim TITOV: A little bit wrong. Now you can tell anything. It was actually as follows. There was a legal company, had about 17 sites, 14 of which were developed. There was a large amount of construction. And the house on Otto Schmidt is a clear example. People really carried the money. But not because there was cheaper. And this was the average price level throughout the city for similar types of objects. It was the norm at that time period. In the fourth year, I paid 600 dollars per meter. Most people sold their apartments and carried them there. Yes, it was.
Ksenia TURKOVA, presenter: Tell me, if we talk about numbers, how many victims received apartments already from the Kiev authorities, and how many without apartments, respectively?
Vadim TITOV: The situation is as follows. Total victims about 1700 families. For the reason that some people bought one, two or more apartments. Suppose they were selling an apartment in the center and buying two or three on the outskirts. This is a normal situation completely. Therefore, their units may be a little more. But 1,700 families. We are engaged in a whole department. I heard and they tell us that 15-20 people receive money from the budget to solve our problem. But we know about their work only by hearsay. We are told that there are such people.
Ksenia TURKOVA, presenter: So you somehow do not constantly communicate with them, they do not control you all the time, right?
Vadim TITOV: I will say, moreover, not all of the victims are recognized by the Kiev City Council, the city administration is recognized as the victims. I, for example, the victim is not. They believe that this was my commercial risk. I invested my money in commercial housing, which means it is my commercial risk. Everything. They do not recognize me. Therefore, according to the program approved by the Kiev City Council, I do not have the right to refunds. And for all the tumultuous activities that they talk about continuously, constantly and tell us how smartly they distribute apartments, 131 apartments have received apartments. After that, another list was compiled. And the compilation of lists, the sequence - this is the subject of a separate conversation.
Yuri Kalashnikov, moderator: Separate manipulation.


Vadim TITOV: Separate manipulation. This is so interesting. People move in space and so on. But out of 105 priorities for today, I, as a victim, are not aware of any that have been received. I just called back and found out about the person who allegedly got there, but he didn’t receive it according to our program. There is a separate employee of the Kyiv City Council and he separately got himself an apartment.
Ksenia TURKOVA, presenter: So all this is on paper or something, just exists? People who got an apartment.
Vadim TITOV: This is a virtual struggle. That is, 131 people actually live in their apartments. And about all the other apartments just talk.
Yuri Kalashnikov, presenter: And how much do you think deceived investors?
Vadim TITOV: For a certain period of time in Ukraine, we counted up to 30 thousand deceived.
Yuri Kalashnikov, presenter: 30 thousand. Is it all over Ukraine?
Vadim TITOV: Throughout Ukraine.
Yuri Kalashnikov, host: A "Elita-Center"?
Vadim TITOV: 1700.
Yuri Kalashnikov, the leader: 1700. Third ... What is the third? 130, you said you got it?
Vadim TITOV: 130 people received.
Yuri Kalashnikov, presenter: This is the "Elita-Center". By and large, 10% somewhere in the whole got such apartments.
Vadim TITOV: Do you know what the biggest problem is?
Yuri Kalashnikov, host: What is it?
Vadim TITOV: Anniversary - 10 years as I participate in this scam. For 10 years, the legislation has not changed in the direction of preventing such frauds. That is, everything that could be done in 2004, everything can be done now. Let the officials prove to me that they are not.
Yuri Kalashnikov, host: All these muddy schemes, they continue to exist, and someone is not even trying to reform?
Vadim TITOV: A question of political will. The fact that you can jupiter, the bull can not. Someone can collect this money, while everyone is up to date, and we learn that the organizer of the company, Vadim Stolar, MP, is still a deputy in Kyiv City Council, as far as I know. His business partners, such as Igor Nikonov, again today, too, in business. And let him say his attitude to this process. He has a huge corporation. Surely he is in the know how these processes occurred. He can tell us very clearly. But one and a half tons of cash dissolved in space.
Yuri Kalashnikov, presenter: Hundred Dollar Bills. Fifteen tons of hundred dollar bills.
Vadim TITOV: Bank of Chernovtsy, which was engaged in their collection ...
Ksenia TURKOVA, presenter: Thank you very much. We just run out of time, unfortunately. Good luck to you in this difficult struggle.


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