Posted 15 февраля 2022, 17:21
Published 15 февраля 2022, 17:21
Modified 24 декабря 2022, 22:38
Updated 24 декабря 2022, 22:38
The Foundation for the Protection of the Rights of Shareholders and Dom.RF sent by the state to complete the construction are talking about transferring cases to a new legal entity. Shareholders feel: this is not for good.
City-event... Premium architecture... View from the window to virgin forests and a pond... All the necessary infrastructure... The developer is the winner of many awards in the field of development... This is how the Laikovo residential complex was presented in advertising booklets and videos ten years ago.
Today, the event town has turned into a ghost town. 12 houses are frozen at the stage of putting under a roof. There are no walls. The wind whistles through the unclosed skeleton frames. There is no boiler room, no communications. It is indecent to remember the promised kindergarten, school and yard improvement. More than two thousand deceived equity holders. Several of them died without waiting for their apartments. Their unfinished apartments were inherited by children and grandchildren.
“The second and third generation of defrauded equity holders are already growing in the Laikovo residential complex,” the interlocutors note.
It has been an eternity since the foundation was laid. Since 2012, two developers have managed to abandon the tenants and, together with them, guarantors from the state, namely: the Fund for the Protection of the Rights of Citizens - Participants in Shared Construction (hereinafter referred to as the Fund) and the operator Dom.RF, who are instructed to bring this problematic construction to perfection.
Very soon, in early April of this year, 3 years will expire, given to the state company for the completion of facilities in accordance with federal law No. 218-FZ "On a public law company to protect the rights of citizens - participants in shared construction in case of insolvency (bankruptcy) of developers". From the third attempt, the buildings should be put into operation in March-May of this year, and people will receive their long-awaited keys to the apartments.
But equity holders strongly doubt that in the remaining few weeks the Fund and Dom.RF will be able to create a miracle and complete what no one has been able to complete for a decade.
For all these years, the initiative group from the Laikovo Residential Complex has done everything and wherever it has turned. They wrote appeals to developers, insurers, various officials, the governor, appealed to the prosecutor's office, to the government, called all kinds of hotlines, stood in pickets and with posters near the Administration of the President of Russia.
A pile of replies, a sea of promises. The results are nil. The authorities send complaints to the region, and the region responds that the issue is beyond the competence of the region, since the federal fund has been appointed the main person responsible for the unfinished construction.
In the 2018 election year, the re-elected governor of the Moscow Region, Andrey Vorobyov, promised people the distribution of keys in the coming spring.
“The schedule for the construction of twelve houses has been approved, contractors have been selected, and deadlines have been set”, - Vorobyov said. But it didn't come true.
81-year-old teacher Alexandra Alexandrovna Morozova has been waiting for her apartment since 2014. Initially, she, being a shareholder, signed a contract for the sale of the right to a residential apartment with the Raduga Housing and Construction Cooperative (a subsidiary of ZhSK-155).
Having collected money from future tenants, ZhSK "Rainbow" went bankrupt. A new developer, Ivastroy LLC (a subsidiary of the Urban Group Group of Companies), announced that the baton was being taken. In March 2017, equity participation agreements were officially renegotiated with home buyers in the Laikovo Residential Complex. Some tenants were asked to pay several hundred thousand rubles in addition - for an increase in square meters in future housing.
But two years later, the second developer also abandoned the tenants. Before declaring itself bankrupt, the structure of Urban Group, as broadcast by the media, managed to sell all the apartments in 12 houses of the Laikovo residential complex and transfer 56 billion rubles to the Cyprus offshore.
The State Fund for the Protection of the Rights of Citizens - Participants in Shared Construction was instructed to complete the construction of the city-event, and Domu.RF was instructed to negotiate with equity holders on its behalf. The fund was created by the Government of the Russian Federation to perform the functions of a regulator, in order to restore the rights of citizens - participants in shared construction. In some cases, he may act as a developer and take an unfinished object into his personal control, act as an organizer for the completion of all work. This is exactly what happened with the residential complex "Laikovo".
In 2019, after the bankruptcy of the second developer, Alexandra Morozova was asked to pay the new developer 400,000 rubles in addition for “expanding living space” in hypothetical housing, after which the big bosses from Urban Group and the Fund even personally promised her an early housewarming. The shareholder was offered an alternative apartment in Vidnoye near Moscow and was even taken there on a tour. An elderly woman was shown a new building and brought inside to the floor.
Everything is fine, but there is one caveat: it will be possible to move into this apartment only after the unfinished apartment in the Laikovo residential complex reaches the market value of the apartment in Vidnoye. However, it did not take long to wait - all promises to replace the apartment evaporated along with another change in the top management of the developer. Why, one wonders, did they disturb and inflame the pensioner at all, because in the end it turned out to be a uniform mockery.
- I have been waiting for my apartment in the Laikovo residential complex for the ninth year and it is not known whether I will wait. I invested in the purchase of this housing all the proceeds from the sale of the only apartment in Saratov. Since then I have been living in rented apartments and have already spent more than 3.5 million rubles on rent. The developer promised to build low-rise quarters in an ecologically clean area near Moscow. Forest, ponds, canals with humpbacked bridges thrown over them. I hoped that here I would calmly live my own life. Now four-story houses are turning into ugly monsters with outbuildings on the sides of 12-14 floors. Billions of rubles have been invested in Laikovo, but we still have nowhere to live. Many brothers and sisters unfortunately pay loans for this failed housing. Apparently, it is more profitable for someone to underestimate. For 37% of the built buildings, they have already once been demolished to the foundation and started again. Every day we wake up and the first thing we do is look through our chat: 6 workers knock with hammers for the sake of appearance ... , - says Alexandra Alexandrovna.
Alexandra Morozova taught German all her life. At 81, she is in demand in the tutoring market and continues to give lessons. “There is no such thing as a deceived shareholder in any language of the world,” she sums up.
In 2017, the creation of the Fund for the Protection of the Rights of Shareholders was announced with fanfare on TV. The very concept of a "deceived interest-holder" should disappear - both from the Russian language and as a phenomenon in Russia - should remain in the past. The relevant federal law No. 218-FZ was issued. JSC "Dom.RF" was appointed as the operator, and its General Director, Deputy Prime Minister of the Russian Federation for Construction and Regional Development Vitaly Mutko became the frontman of the theme.
The fund is created by the state. The Cabinet of Ministers approves the rules for paying compensation to victims of the actions of unscrupulous developers. “For the protection of the rights of citizens - participants in shared construction, it will help to complete facilities or reimburse deceived equity holders for the invested funds. Payment under the agreement on participation in shared construction will be made if the developer is declared bankrupt by an arbitration court and the meeting of participants in shared construction decides on compensation, ”they said on TV.
The developed mechanism implied that damages to affected equity holders would be covered at their own expense, namely: the Fund receives 1.2% of the amount of each equity participation agreement concluded in the country.
In April 2020, President Vladimir Putin ordered to capitalize the Fund for the Protection of the Rights of Citizens - Participants in Equity Construction by an additional 30 billion rubles and provide 50 billion rubles to the Dom.RF operator "as state guarantees." Another 11 billion rubles were allocated by the regions to solve the problem of defrauded equity holders.
With this money, 1 million problematic square meters were put into construction, Deputy Prime Minister Marat Khusnullin said.
Since the creation of the Fund for the Protection of the Rights of Citizens - Participants in Shared Construction, its operator Dom.RF has placed tenders worth tens of billions of rubles on the public procurement portal.
Huge amounts of money were spent not on direct construction work, but on servicing the organization itself: software and economic needs. See for yourself.
For example, from the last one: on February 14, 2022, JSC "Dom.RF" placed an order for public procurement to perform work "to finalize the data warehouse in terms of forming a layer of financial data and building IFRS storefronts and management reporting based on an analytical data warehouse (AHD)" . The initial cost of the contract is almost 198 million rubles.
Or February 8, 2022 placed an order for " Grant of use rights (simple non-exclusive license) for software of computer programs (components)". The initial cost of the contract is 154.9 million rubles.
On February 2, an order was placed for " Provision of services for complex cleaning and domestic maintenance of office premises." The cost is almost 105 million rubles!
Or, on January 30, 2022, an order was placed for work "to implement a decision support system for JSC DOM.RF". The initial cost of the contract is 23.3 million rubles.
On January 13, an order was placed for "Granting rights (license renewal) to use software under a simple (non-exclusive) license for the needs of DOM.RF JSC and DOM.RF Bank JSC worth 26.8 million rubles...
In total, since April 2018, Doma.RF has placed several hundred orders on the State Procurement portal.
The government also came up with the Unified Register of Insurers - Participants in Equity Construction, in which equity holders will be included after the conclusion of such agreements. The bankruptcy of the developer is definitely an insured event.
However, in reality, the same leapfrog begins with policyholders when an insured event occurs. Few of the deceived equity holders managed to find the successor insurance company that had not yet disappeared. But someone was lucky, and then the next obstacle was legal casuistry.
Now, along with the unraveling of the developer's confusing Cyprus transactions, the victims are also forced to look for the ends of their insurance deductions.
In fact, with the insured, when an insured event occurs, the same leapfrog begins. Few of the deceived equity holders managed to find the successor insurance company that had not yet disappeared. But someone was lucky, and then the next obstacle was legal casuistry.
One-day insurance companies, as a rule, refer to a clause that says: an insured event is a failure to fulfill or unfair fulfillment by the developer of its obligations. However, in connection with this paragraph, there is necessarily a clause: the insurance company is exempt from insurance compensation if the insured himself caused the occurrence of an insured event by his actions. Insurance companies do their best to prove that the equity holder himself is guilty of the insured event, and none of the deceived equity holders has yet been able to prove the opposite.
“Zero rubles, zero kopecks of returned funds. No one is covered by this insurance. Compulsory insurance contributions to the Fund are just an additional fee, ”the deceived equity holders of the Laikovo residential complex sum up.
Auditors who conducted a selective audit of fees in favor of insurance of shared construction objects came to the conclusion that out of about 40 billion rubles collected from citizens, about 15 billion rubles were transferred offshore, and more than half of the funds of insurance companies cannot be used as compensation for damage .
Military specialist Sergey Nikulin bought an apartment in the Laikovo residential complex after returning from service in the Crimea.
- I am the head of the Union of Soviet Officers of the Crimea returned to my native Odintsovo and have been living in the country for the fourth year. My house will never be completed. It takes two years to build a nuclear icebreaker, three years to build a polar city. Construction in Laikovo has been dragging on for the ninth year, four of them with full budget financing. Hundreds of our appeals to officials go in circles. Are the people behind the Fund so strong that the Prosecutor's Office and the Investigative Committee are afraid of them? April 11 expires three years given by Federal Law No. 218 for the completion of Laikovo. I appeal to all responsible persons in the state: the object will not be delivered on time! Many houses do not even have finished brickwork, there is no boiler room. There is a large-scale violation of the legislation of the Russian Federation! On April 12, the law will be clearly violated. Prosecutor's office, it's your duty to stop this! Sergey Nikulin says
Novye Izvestia turned to the operator Dom.RF with a request to comment on the situation around the Laikovo residential complex, and... the editors also offered to play football.
“On issues of providing housing for defrauded equity holders, it would be more correct for you to contact the press service of the Territorial Development Fund (until 01/01/2022 - the Fund for the Protection of the Rights of Citizens - Participants in Shared Construction). It is the Foundation (an independent legal entity) that deals with these issues”, - a representative of the press service of Dom.RF answered NI. He also explained that Dom.RF has not been engaged in the Laikovo residential complex for two years now.
The answer to the editorial request from the " Territory Development Fund " has not been received at the time of publication.