Аннотация: Towards the Moon. Sicilian specialists and the Constitution. A diary note.
Towards the Moon. Sicilian specialists and the Constitution. A diary note.
This morning I found an e-mail. There are three attachments fastened (hitched) to this email. One attachment appears to be of a technical nature. It does not provide for viewing. The other two, as I assume, are identical, except that the number, date of registration, the stamp 'the document is signed with an electronic signature' are affixed to one, and the other version does not have all this. Maybe I need to compare letter by letter? Well, that's a separate job.
So, what is written in a document that has a number, date, stamp?
'April 8, 2022 number 15-1329/22
[To] Zalessky V.V.
moto1111111@yandex.ru
About consideration of the circulation
Dear Vladimir Vladimirovich!
The Department of State Registration of Rights of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Oblast (hereinafter referred to as the Office), considered your appeal dated February 16, 2022, received by the Office on March 15, 2022 from the Office of the EGRN Rosreestr. [Unified State Register of Real Estate (EGRN)]
Based on the results of the review, we report the following.
The legal basis for state cadastral registration and state registration of rights is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, Federal Law No. 218-FZ dated July 13, 2015 'On State Registration of Real Estate' (came into force on January 1, 2017, hereinafter referred to as the Registration Law) , other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them (part 1 of article 2 of the Registration Law).
According to the information of the Unified State Register of Real Estate (hereinafter referred to as the EGRN) in relation to the property with cadastral number 61:44:0000000:83514, the right of common shared ownership of A[last name] L[first name] A[patronymic] was registered (registration date: April 6, 2017 , 1/2 share in the right) and Zalessky Vladimir Vladimirovich, (date of registration: August 3, 2016, 1/2 share in the right) to a residential building with an area of 249.3 sq.m., located at:
Rostov-on-Don, st. Muskatnaya Street/Dnepropetrovskaya Street, 32/34, with cadastral number 61:44:0000000:83514.
State registration of the above right of common shared ownership was carried out on the basis of the decision of the Pervomaisky District Court of Rostov-on-Don dated December 18, 2015.
On May 22, 2019, the Office received an absentee decision of the Pervomaisky District Court of Rostov-on-Don [dated] February 13, 2019 (Case No. 2-708/2019) (hereinafter referred to as the Court Decision) on the termination of the right of common shared ownership of A [surname, initials ] and Zalessky V.V. concerning a residential building with cadastral number 61:44:0000000:83514, as well as for the allocation in kind A [surname, initials] of a part of a residential building lit. 'Ж,Ж1' and No. 1,2 of the second floor with an area of 104.4 sq.m., as well as part of the terrace No. 6x, with an area of 20.9 sq.m. , and in the property of Zalessky V.N. - part of a residential building lit. "Ж,Ж1", consisting of premises No. 1,4,2 (5), 3 (4), 5 (1), 11 of the first floor and No. 3,4,5,3a of the second floor with an area of 144 ,9 sq.m., as well as a balcony No. 7x, part of a terrace No. 6x, with an area of 32.5 sq.m.
On June 03, 2019, in accordance with the Court Decision submitted for registration, the right of common shared ownership of the property with cadastral number 61:44:0000000:83514 was terminated in the EGRN.
By the decision of the court, claims were considered for the termination of the right of common shared ownership and the allocation to your ownership of a share from the common property in the form of premises (part of a residential building) No. 1,4,2 (5), 3 (4), 5 (1), 11 of the first floor and No. 3,4,5,3a of the second floor with an area of 144.9 sq.m., as well as balcony No. 7x, part of the terrace No. 6x, with an area of 32.5 sq.m., during consideration in the judgment proceeding there were no claims regarding the payment of compensation in favour of you.
Information on the termination of your right to common shared ownership of the property with cadastral number 61:44:0000000:83514 was transferred by the Office to the tax authority within the time period established by law as part of the implementation of Art. 85 of the Tax Code of the Russian Federation.
To date, the EGRN contains information about the registered rights of gr. A [surname, initials] to the living quarters (rooms) allocated to her by a court decision.
To date, applications for state cadastral registration and state registration of the right to premises allocated to you by a court decision for ownership have not been submitted to the Office.
Based on the foregoing, you have the right to apply to the Office in one of the ways specified in part 1 of article 18 of the Law on Registration, with an application for state cadastral registration and state registration of property rights and the necessary documents (technical plan, document confirming payment of the state fee, etc. .d.) in relation to the premises allocated to you in ownership by the decision of the court.
Additionally, we inform you that you can get information on issues in the field of state cadastral registration and (or) state registration of rights on the official website of Rosreestr (www.rosreestr.ru) and on the portal of the multifunctional center (umfc.mfc61.ru).
Deputy Chief
department of
real estate state registration [initials, surname]
[last name, first name, patronymic, phone number]" [unofficial translation]
What is the most important thing in this answer - from my point of view?
1. The object - as it turned out - is existing. He didn't disappear.
2. Zalessky V.V. also exists. Somehow it happened that for the period from June 03, 2019 to April 9, 2022, he did not disappear anywhere.
3. But there is no right of ownership regarding the mentioned object belongs to Zalessky V.V.
4. June 03, 2019 my ownership was terminated by the state (thereby I suffered losses, I suffered damage).
Now let's digress for a moment from the received answer ...
Suppose that a certain citizen has become the owner of a property. How did he become the owner? Once this property was put up for sale. Separate entrance. The land is divided into two parts. Moreover, the part of the house and the land plot acquired by the citizen - they were highlighted in kind. There are formally two owners.
But the house has two independent entrances (two separate "entrances"). Inside the house, these parts of the house are not communicated. Only the terrace (balcony) is not fenced off. The land has also been separated with fence. The sales contract contains the words: "according to the established procedure for use."
The second owner expressed in writing a notarized consent with the "established procedure for use."
But there is a small detail. That part of the house and the land plot, which is acquired by the citizen, this part of the house and the land plot - it placed at the border of the roadway.
Is the hint clear?
The spring (engine) of events for connoisseurs of difficulties does not present ...
'Legal (and other) efforts' are applied to the property... 'Maneuvers' begin... Meanwhile (in parallel), the current owner (or not already the owner?) acquires the property under a donation agreement...
So, back to our answer (to the reply from the Office).
It turns out that for almost three years the property does not belong to me!
It's good that nothing happened to me during this time!
I, a person with a law degree, has no desire to be diving into this legal situation.
But, people who know, who have access to electronic databases, who have information about my relatives - they could build a projection - what fate would await this property if I had not received a tax notice, if I had not noticed the absence of the object (in the tax notice), and if I had not started writing in the instances.
Will people who are competent (who have a special knowlidge) to laugh? Was there really no backstory to this situation? Really there were no conversations with a "double bottom" - in the "Sicilian style"?
I will have to get into the legal proceedings for several years?, - where the evidence is words and memories, - and I have no inclination for this option of wasting time ... In addition, the "Sicilian specialists" - they are not mentioning a legal specifics (the EGRN, for example) ... Their conversations are built in a different way ...
So, the object exists, the registration of ownership 'disappeared', the object 'disappeared' from the tax base, the tax - apparently - is underpaid ...
Who doesn't know about this? But who cares about underpaid taxes? Who cares about the "disappearance" of an object?
In general, at the moment I am deprived of the right of ownership - deprived, already, almost during three years. I was deprived of the right of ownership as a result of the actions of the state - only it has the right to carry out shares with the EGRN.
(Moreover, the object of tax accounting was "lost". Taxes - according to preliminary calculations - were underpaid).
And compensation for the object has not yet been paid to me (although I have repeatedly applied to the Ministry of Finance of the Russian Federation with a corresponding request) ...
[MMCDXXXIV. Towards the Moon. I pay taxes. A diary note. - October 18, 2021.
MMCDXXXV. Towards the Moon. I'm concerned. I would like to pay the unpaid tax. A diary note. - October 18, 2021.
MMCDXLV. Towards the Moon. By the Front Door. A diary note. - October 22, 2021.
MMCDXLVI. Towards the Moon. While listening to the Valdai Speech. A diary note. - October 23, 2021.
MMCDLXXIII. Towards the Moon. While reading the G20 ROME LEADERS' DECLARATION. A diary note. - November 1, 2021.
MMDXXXIV. Towards the Moon. The recovery in the tax base is approaching. A diary note. - November 26, 2021.
MMDXXXV. Towards the Moon. A non-payment of tax (in full) and a tax secrecy. A diary note. - November 26, 2021.
MMDXLIII. Towards the Moon. The amount of unpaid tax is being specified. A diary note. - November 30, 2021.
MMDCXVI. Towards the Moon. Unpaid (in full) taxes and trips to the taiga. A diary note. - December 24, 2021.
MMDCXVIII. Towards the Moon. Mirrors of replies. A diary note. - December 25, 2021.
MMDCXIX. Toward the Moon. A state official. And an intermediary broker. A diary note. -December 25, 2021.
MMDCXXIV. Toward the Moon. The Ministry of Finance and the tax interests of the state. A diary note. - December 26, 2021.
MMDCXXVII. Toward the Moon. A letter from the Federal Tax Service of the Russian Federation (Moscow). A diary note. - December 27, 2021.
MMDCLXXXVIII. Towards the Moon. The application was sent by affiliation. A diary note. - January 14, 2022.
MMDCCLXII. Towards the Moon. "Conversation of the Mute with the Deaf" (at the Russial Foreign Ministry) or Whether the Rostov Oblast is under the sovereignty of the Russian Federation. A diary note. - February 10, 2022.
MMDCCLXV. Towards the Moon. Reflections before the applying to the Council of Ministers of the Russian Federation. A diary note. - February 11, 2022.
MMDCCLXX. Towards the Moon. The optimal variant of the address to the Council of Ministers of the Russian Federation. A diary note. - February 14, 2022.
MMDCCLXXII. Towards the Moon. A compensation for the termination of my property rights by the state. A diary note. - February 15, 2022.
MMDCCLXXIV. Towards the Moon. An application has been sent to the Ministry of Finance of the Russian Federation for compensation and for protection of the tax interests of the state. A diary note. - February 16, 2022.].
MMDCCCXXVII. Towards the Moon. Keyboard and email. A diary note. - March 16, 2022.
MMDCCCXXVIII. Towards the Moon. The appeal has been redirected, the application has been registered. A diary note. - March 16, 2022.
MMDCCCXXIX. Towards the Moon. The 3rd application to the RF Ministry of Finance is ready to be sent. A diary note. - March 17, 2022.
MMDCCCXLI. Towards the Moon. The creative potential of Vasily Nebenzya encourages reflection. The note. - March 24, 2022.].
April 9, 2022 07:29
Translation from Russian into English: April 9, 2022 10:29
Владимир Владимирович Залесский 'К Луне. Сицилийские специалисты и Конституция. Дневниковая заметка'.
{ 2900. К Луне. Сицилийские специалисты и Конституция. Дневниковая заметка.
MMDCCCLXX. Towards the Moon. Sicilian specialists and the Constitution. A diary note. }