Property and land issues in occupied Crimea: human rights deficit
- Details
- 07.05.2015
7 May, Kyiv - The issue of illegal nationalization by self-proclaimed Crimean authorities and the Russian government was discussed at a roundtable on "Property and land issues in occupied Crimea: human rights deficit" with MP Heorhiy Lohvynskyy, Chairman of Mejlis of the Crimean Tatar people Refat Chubarov, and Crimea experts.
During the event, a final analytical report "Protectiion and information: deficit of social and political rights of citizens of Ukraine in Crimea," prepared by experts of the Ukrainian Center for Independent Political Research (UCIPR) with the support of UNDP, was presented.
As noted by Project Manager Yulia Tyshchenko, Crimean authorities provided inaccurate data on nationalization. Specifically, according to the self-proclaimed Head of the Republic of Crimea, 250 property units were nationalized, though, in fact, this figure is much higher in reality. The Crimean government has nationalized 82 property units owned by Governor of the Dnipropetrovsk region Ihor Kolomoisky (offices and property of PrivatBank), PJSC Krymzhelezobeton, the oil plant, and 32 gas filling stations (Ukrnafta, Sentosa Oil, ANP, and Avias).
In general, the list of property to be nationalized by self-proclaimed Crimean authorities includes state-owned enterprises and private companies. In particular, these are transport infrastructure objects, such as property of the PJSC Krymavtotrans; the fuel and lubricant warehouse and movable assets of the Crimean Fuel Alliance; property of the Ukrainian Stock Exchange; the land and estate property of the Yalta Film Studio; stocks of the Hotel on Revolutionary Street of the Feodosia Shipbuilding Company "Sea" and stocks of the Eastern Crimean Power Company; property of the Crimean branch of Ukrtelecom; property of the Stars of Ukraine Sanatorium (in Opolzneve village near Yalta) and the Yaltynsky Central Military Sanatorium of the Ministry of Defense of Ukraine; objects located on the territory of the Kharaks Park Reserve in Gaspra; 105 land parcels in the village of Semydviriye (near Alushta); property of the Chornomorsky Vacation Hotel (the village of Chornomorske) previously owned by the Khlib Ukrainy; the water pipe line and water drains in the Baidarska Valley; property of the PJSC Bukhta Dvuyakirna (Feodosiya); the JSC Kamysh-Burun Kerch Sea Port; the JSC Aerobud (Yalta); the Berthier-Delagarde Noble House (Yalta); property of Ukraine's Kyivstar; the Kerch ferry State Shipping Company and sea ports in Kerch, Feodosiya, Yevpatoriya, and Yalta; the Simferopol Bus Station and the building of its hotel; the Yalta, Kerch, and Alushta Bus Stations, 58 bus terminals, auto repair shops, and ticket booking offices.
On 28 February, Sevastopol authorities have nationalized 12 enterprises within the JSC Sevastopol Sea Factory.
Property of agricultural, forestry, and hunt enterprises and organizations has been nationalized as well. There are 141 companies on the nationalization list, including the Massandra National Production Association, the Maharach Agricultural Company, and the Novy Svit Winery; all Crimean reserves, nature parks, and forestries; the Crimean Consumers Union, 28 markets, and other property.
Owners of municipal property have also changed in compliance with the so-called decrees of the Council of Ministers of the Republic of Crimea "On the Nationalization of Integral Property Complexes of Medical Institutions and Organizations" (84 objects) and "On the Nationalization of Territorial Social Service Centers".
Yulia Tyshchenko stressed that the land issue in Crimea involves the following five comprehensive problems:
- The absence of a clear legal framework for land relations, limited opportunities of citizens to legally assert their rights, and growing corruption in this area.
- The complex procedure for obtaining land property for free. This is especially acute for participants in the "fields of protest" who have illegally built structures and who can get land parcels in other places.
- The unsolved problems of post-documentation of land parcels allocated earlier, the key of which concern the absence of explanations for decisions on land allocation valid until 18 March 2014; and the invalidity of decisions on land allocation dated prior to 14 October 2008. This means that many citizens who obtained land parcels and built houses will not be able to get land title documents. Besides, the only resolution No. 313 that allows to post-document land plots runs counter to the Russian law and therefore may be appealed and cancelled. Hence, citizens could be deprived even of this opportunity to get land.
- The problems of acquisition of land plots with constructed buildings, which creates a conflict potential in relations of participants in the "fields of protest" with authorities.
- The problems of property nationalization. Crimean and Sevastopol authorities nationalize land plots owned by Ukrainians and cancel decisions on land allocation passed before 18 March 2014, saying they are "illegal". Authorities are carrying out the redistribution of property, infringing upon the rights of owners not loyal to them or unable to assert themselves.
In general, according to official data of the Ministry of Justice of Ukraine, there are more than 4,000 enterprises, organizations, and institutions in temporarily occupied Crimea. Yet, this list is being amended. On 25 March 2014, the government ordered the Ministry of Justice of Ukraine and the Property Fund of Ukraine to estimate nationalization losses. As reported by Pavlo Petrenko, Minister of Justice of Ukraine, the amount is estimated at over UAH 1 trillion, though this data is not final as it does not account for the lost advantage and the value of mineral resources and sea shelf.
In the Black Book of Kremlin presented by Danylo Lubkivsky, Advisor to the President of Ukraine, Ukraine's economic and infrastructural losses total UAH 1.18 trillion, whereas budget losses amounted to UAH 9.8 billion because of the March 2014 events, including some UAH 16 billion loses in the agricultural sector.
The issue of property and land rights violations should become not only judicial matters but also a subject of discussions and negotiations on the illegal annexation of Crimea by the Russian Federation.
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