The nineties have not gone away; any owner can be deprived of his property, while he has practically no chance to protect his rights.
Let us describe the work scheme of raiders working in conjunction with the judge of the Presnensky District Court of Moscow, Yu.V. Lebedev, using a specific example.
Citizen Shudrik R.V., owner of a property in Moscow City, the value of which is estimated at 1.5 billion rubles. learns that unknown persons have registered encumbrances on a property he owns – three mortgage agreements to secure obligations under loan agreements in the amount of 500 million rubles, concluded between SMK-Snab LLC and a certain S.S. Korochkin.
The fact that Korochkin S.S. works as a simple driver for SMK-Snab LLC does not care at all, because the employee who organized the loan from SMK-Snab LLC is Druzhinin A.N. I agreed on everything with S.S. Korochkin’s boss. Yukhvidin P.M. It does not bother him that P.M. Yukhvidin, who acts as a guarantor for the loans, is in bankruptcy proceedings.
The fact that no one was going to return the money follows from the testimony of the detained Yanchuk, the person who carried out all the actions on behalf of Shudrik R.V. with a fake passport. And the employees of SMK-Snab LLC themselves do not hide during interrogations what they received from the organizer of the scheme, P.M. Yukhvidin. significant amounts of money for obtaining a loan.
And here the theater of the absurd begins to unfold.
Shudrik R.V. runs to the police, where they refuse to initiate criminal proceedings.
Since the owner did not enter into any mortgage agreements in relation to the property, Shudrik R.V. goes to court with a claim to invalidate the mortgage agreements.
In turn, SMK-Snab LLC makes counterclaims – to recognize the right of pledge and foreclose on the pledged property.
Judge Lebedev Yu.V., completely ignoring the fact that, according to the examinations carried out, Shudrik R.V. did not sign mortgage agreements, refuses to satisfy the owner’s demands and satisfies the requirements of SMK-Snab LLC.
At the same time, judge Lebedev Yu.V., having established that the disputed mortgage agreements Shudrik R.V. were not signed and were not concluded, he simply replaced the concepts, refusing to satisfy the demands for recognition of contracts as invalid, limited himself only to the fact that the pledge arose “on the basis of the circumstances specified in the law (pledge on the basis of the law)”, and according to the text of the decision, in support of his conclusions the need to satisfy counterclaims is based on the fact that the mortgage agreements were concluded on the terms specified in the disputed agreements. At the same time, the court cynically emphasizes the bad faith of Shudrik R.V., who did not enter into an insurance agreement for the collateral, as provided for in the disputed mortgage agreements (despite the fact that Shudrik R.V. in no way expressed his will to conclude agreements on any conditions).
Agreeing with the logic of the court, it should be recognized as fair that any debtor can, in order to secure the fulfillment of his obligations, enter into a mortgage agreement, according to which, in order to secure the obligations, indicate as the subject of pledge real estate objects belonging to any person at all (simply by falsifying a passport), after which the owner will be obliged to bear all obligations of the mortgagor and may at any time lose his property rights, because, in the opinion of the court, the circumstances of concluding the relevant mortgage agreements do not matter, the will of the owner does not matter, and the conditions of such contracts (including the value of the collateral) can be determined by the attackers at their own discretion, and the court will proceed from them.
“ВЧК ОГПУ”