Investigation into case of registration of land in public garden near Rodina cinema completed
Penza, 29 November 2017. PenzaNews. An investigation into the criminal case of an illegal property registration for the land with an area of 1,600 square metres in the historic centre of Penza – in the territory of the M.Y. Lermontov public garden in close vicinity to the Spassky cathedral under construction and the building of the former Rodina cinema has been completed. This was reported by Tatyana Makhnitskaya, senior assistant of the head of the regional investigative department for media relations under the Investigative Committee of Russia.
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"According to the investigation, early February 2016 the deputy head of the Rosreestr division in the Zarechny town of the Penza region committed a criminal negligence as a result of improper execution of her duties when registering the right of ownership of the land," the interlocutor explained.
Tatyana Makhnitskaya specified that the woman had received documents for state registration of the right of ownership from a Penza resident, and failed to carry out legal expertise in a proper way.
She did not check for sure whether the resident had documents proving previously registered or asserted rights for the item of immovable property and even though there were no documents of entitlement for the land plot she registered the right of ownership of the land," the representative of the investigative department said.
According to her, the deputy head of the Rosreestr division entered in the Unified State Register of the Real Estate Property a corresponding record confirming the Penza resident's right of ownership of the land plot and stated the type of allowed use – a pneumatic shooting gallery, which had been bought by the resident in 2014.
Tatyana Makhnitskaya drew attention to the fact that the illegal registration of the property right, whose market value is 14.6 million roubles, entailed considerable violation of rights and legitimate interests of other citizens and organizations.
"The principle of paid land use stipulated by the Land Code of the Russian Federation was violated. In particular, an indefinite number of people were deprived of the opportunity to turn to the city administration with a request to receive the land plot on a leasehold basis and the mayor's office lost a chance to get income," the interlocutor noted.
She added that previously the Leninsky area court of Penza had satisfied the mayor's office statement of claim about recognition of the registered ownership right of the land near the Rodina cinema as invalid.
The representative of the investigative department explained that the criminal case against the Rosreestr employee, who was charged with an offence under Part 1, Art. 293 of the Criminal Code of the Russian Federation "Neglect of Duty", is prepared to be brought to trial.