Russian Aunt Steals Niece's Home - And Gets Away With It!

The current legal system in Russia doesn't protect Post-Soviet children's inheritance rights in land ownership,the case is forwarded to the European Court of Human Rights.
By: Anatoli Mitrokhin
 
Nov. 1, 2009 - PRLog -- Russian Aunt Steals Niece's Home - And Gets Away With It!

Profit trumps family as scrupulous aunt steals niece's inherited home to convert into commercial real estate.

A Russian aunt discovers a property ownership/inheritance loophole and steals property from a young niece and now forces her eviction. Housing rights and real estate privatization nightmares still haunt Post-Soviet children and makes them homeless.

The current legal system in Russia doesn't protect Post-Soviet children's inheritance rights in land ownership,the case is forwarded to the European Court of Human Rights.

The story begins in 1993. The Soviet Union collapsed and the Russian Federation was in the midst of the daunting task of restructuring the old regime in to a new system of government instilling rights of all Russian citizens which includes the rights to property ownership. After the collapse, there was a gap in the Property Ownership Privatization Law Number 1541-1, that didn't include property inheritance rights for Post-Soviet children.

The young girl's name is Vika Krasilnikova ( her maiden last name - Kluchantseva) has been issued eviction papers from her deceased father's inherited apartment. Vika Krasilnikova, born in 1988, has lived in her father's apartment in Novokuznetsk in Siberia's Kemerovo region of the Russian Federation all her life. Evicted and homeless, she and her 1 year old daughter were forcefully removed from her rightfully owned property by her father's shrewd sister.

Her aunt, Tatiana Kurtukova  discovered a legal loophole and secretly seized ownership of the property for personal gain.

Vika Krasilnikova's father, an Army veteran, originally received the apartment from the USSR government in 1983. After the Soviet Union collapsed, privatization started. Young Krasilnikova was only 6 years old when her father, Kluchatsev Oleg received privatization documents and ownership of their first floor apartment, Unfortunately, it didn't have his children's names because of the Russian privatization law number 1541-1.

Vika Krasilnikova's aunt, Tatiana Kurtukova took advantage of the law and illegally registered the apartment in her name using the new Russian property laws after 1993.

In 1998, her aunt, Tatiana Kurtukova initiated the legal hostile takeover of the property and issued an eviction notice to the whole family. Her aunt's desire was to evict the brother's entire family, seize ownership of the property and convert their first floor apartment into a profitable commercial real estate venture.  

Vika Krasilnikova and her parents retaliated and a long court battle ensued. Her aunt settled and the court issued a stipulation ordering both parties to split their 4 room apartment into two apartments and divide them equally between Vika Krasilnikova's family and her aunt. Afterwards, her aunt discreetly fled the city for 10 years, moving to the far eastern city of Vladivostok. Her father continued to live in the apartment in Novokuznetsk waiting for the aunt to finalize the court stipulation on how to split the property.

The legal battle has continued since 1998. The courts in Novokuznetsk and Regional Courts in the Kemerovo Regions can't resolve the dilemma due to the vague Russian legal interpretation regarding inheritance property rights and land ownership. The loopholes in the translation of the laws can be interpreted to either favor the original owners to pass the property to their children or favor an outside relative. Her aunt was aware and saw the opportunity to exploit the loopholes and seize the property for commercial development.

Sadly, Vika Krasilnikova's father died in 2002. Her mother suffered a deep depression mourning the loss of her husband.
After the funeral, her aunt suddenly reappeared in Novokuznetsk and demanding takeover of the property, ignoring the previous court stipulation of 1998, forcing immediate seizure of the property for commercial purposes.

In 2007, the Novokuznetsk Mayor's Office, The Department of Housing issued a legal request for the courts to honor the property ownership rights of the young Vika Krasilnikova. Also, in the same year, The Kemerovo Region Administration of Housing and Privatization issued a statement that they agree with Vika Krasilnikova rights and dismiss the aunt's hostile home takeover.

Vika Krasilnikova asked all different government offices to protect the young mother from the cruelty of the Russian laws. Local government supports the young mother in her demands for shelter and protection, but the courts have failed to respect the rights of young Vika Krasilnikova.

The Novokuznetsk Central court issued several decisions in favor of Vika Kluchantseva and later several decisions in the favor of her aunt. The end results are in stalemate.

The list of Judges of the Novokzunetsk Central Court who worked on the case:

  1. Gadyatskaya L. M.  - issued decision in Vika's favor
  2. Andryeyeva Yu. A.  - issued order for Vika's Eviction
  3. Ribalko D. V.  - issued order for eviction
  4. Putilova N. A. - issued decision in Vika's favor
  5. Suleimanova A.S.  - issued decision in Vika's favour
  6. Pishkina O.V. - Vika's evction decision
  7. Chesik  -  The chief Judge for the Central Court in Novokuznetsk
  8. Kopteva I. A. - The chief Judge for the Central Court in Novokuznetsk


The List of Kemerovo Regional Court Judges who worked on the case:

1. Kryukovsky A. P. - Chief Judge of Kemerovo Region

2. Potlova O. M.

3. Chunikova T. Yu.

4. Bikova S.V.

5. Rakunova L. I.

6. Yemelianova A. F.

7. Aguryeyeva S. A.

8. Grebenstikova O. A.

9. Vorojetsova L. K.

10. Chudinova T.M.

11. Khomutova I.V.

12. Shalagina O.B.

13. Kurpas I.S

14. Strogonova G.V.

15. Koritkova G.A.

16. Bulatova T.I

17. Dorokhov A.A/

18. Bogdanovich I.Ye

19. Ponaprasnova N.A.

20. Frolova T.V.

21. Maslova L.S

22. Kuznetsova O.P.

23. Philipenko B.P.


Prosecutor's Office of Central District in Novokuznetsk favors the young mother told several times that there are no grounds for eviction:
      1. Tkach V.A - Chief Prosecutor
      2. Saransky A.G
      3. Byer A. A
      4. Platov M.I

Unfortunately, the 21 year old Vika Krasilnikova, her one year old daughter, and her 52 year old mother have been evicted and are now homeless because of the vague interpretation of the 1993 property ownership/inheritance laws.

With her father now deceased and her mother traumatized, young Vika Krasilnikova and her baby daughter are  victims of vague inheritance laws, an inept legal system and shameful greed.  

The Russian Courts cannot decide. The case has been escalated to the European Court of Human rights, case# 19223/09 and is still pending.

For comments and for more information,
please contact the Legal Representativa for Vika Krasilnikova:

Anatoli Mitrokhin
Belana 7-67
Novokuznetsk, Kemerovo region
Russia 654005
тел. + 7 950-571-1843
e-mail: anatolj4141@gmail.com
Skype: anatolj6
End
Source:Anatoli Mitrokhin
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Location:Novokuznetsk - Kemerovo region - Russian Federation
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