RF Prosecutor General’s Office: land corruption threatens national security
Meanwhile, at the time when the Prosecutor General made his speech, on the boundless expanses of the largest state in the world with the direct participation of the Legislative Assembly of the country, events occur that can lead to a radical turning point in the fight against corruption. And in this struggle, the latter will win a complete and final victory over all law enforcement agencies, taken together ...
How to "make" corrupt money in the outback?
This is vividly illustrated by the example of a single district of the Novosibirsk Region, in which the “quality” of the work of domestic legislators was most clearly manifested.
It will be about changes in the Federal Law No. 171-ФЗ from 23.06.2014 of the Year “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, which entered into force on March 1 of 2014.
Prior to this date, district administrations directly controlled land plots, which led, for example, to the facts that occurred in the administration of the Novosibirsk rural district in the Novosibirsk region.
So, December 3 2014 of the district newspaper "Priobskaya Pravda" published reports about the possible provision of the Land Bureau to the permanent (perpetual) use of 14 (!) Land plots of the Kubovino village council at once with a total area (attention!) In 1735.545 hectares.
By the way, at the time of the then existing legislation, namely, Articles 5 of the Federal Law 06.10.2003 N 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, it followed that the administration of the Novosibirsk region should have land plots in ownership. , budgetary and autonomous institutions, while the lands indicated in the publications were in state unallocated property, which did not make it possible for the administration of Novosibirsk Jon dispose of them that way.
Moreover, the aforementioned municipal state institution “Land Bureau” did not have the right to publish such announcements, since according to the Register, its main activities were: activities in the field of architecture; engineering design; exploration and geophysical work; geodesic and cartographic activities; activities in the field of standardization and metrology; activities in the field of hydrometeorology and related areas, monitoring of the state of the environment, its pollution; activities related to the solution of technical problems that are not included in other groups. That is, there is not a word about the disposal of land.
Further more. In accordance with Article 120 of the Civil Code of the Russian Federation and Article 9.1 of the Federal Law of January 12 1996, No. 7-ФЗ “On Non-Profit Organizations”, municipal institutions created by local authorities can only be used for administrative, social and cultural or other functions. non-commercial nature, enshrined in the statutes of these institutions.
And according to the resolution of the administration of the Novosibirsk district of 27.11.2013 No. 6187-pa “On approval of the list of municipal services provided by the administration of the Novosibirsk district of the Novosibirsk region” among municipal services provided by the Administration of the Novosibirsk district there is no service to provide land for permanent (termless) use, which is completely contrary to paragraph 1 Art. 6 of the Federal Law of 27.07.2010 N 210-FZ "On the organization of the provision of state and municipal services," in accordance with which the bodies providing municipal services are obliged to provide them in accordance with administrative regulations.
That is, to the disposal of land plots on the territory of the Novosibirsk rural area this very “Land Bureau” could have exactly the same attitude as the management of icebergs in the Arctic Ocean ...
It should be noted that at the end of last year, on the basis of the relevant law of the Novosibirsk Region, about 3,5 thousand people were in the queue for providing citizens with free land plots in state or municipal ownership, while the main candidates were people with disabilities, large families and families, having disabled children. And this is without taking into account other categories that also have the right to receive free land - veterans of local wars, etc.
Such a massive provision of plots for farming for permanent indefinite use in the absence of administrative regulations clearly violated the rights of thousands of citizens.
Interestingly, the agriculture of the Novosibirsk rural area after such land “distributions” did not experience any breakthroughs in its development, not to mention the fulfillment of the tasks set by the President of the Russian Federation to replace imported products ...
Let us ask ourselves a rhetorical question: did the administration of the Novosibirsk rural region know that they were breaking the law? Of course, they knew, because such violations are very difficult to explain otherwise than by the presence of any personal interest.
"Strange" way to combat illicit enrichment
It is well known to all that frauds with the land are one of the most widespread corruption methods of illegal enrichment of officials at the regional and municipal level. Many corrupt officials burn on this, but even more many continue their activities on the grateful path of illegal enrichment.
Mass media every now and then report arrests and detentions of “heroic” mayors, their deputies, heads of departments, heads of districts, taken “hot” at the moment of receiving bribes. So, recently the vice-mayor of Yuzhno-Sakhalinsk, mayors of Ust-Ilimsk, Severodvinsk, Altai Rubtsovsk were arrested. And the list of arrested heads of rural areas throughout Russia is generally similar to the Book of Memory, since there are dozens of names in it ...
In the Novosibirsk region itself, only recently, officials in the Bolotninsky, Kargatsky, and Iskitimsky districts were arrested and removed from office. No less a list of heads of rural settlements in this area, also "burned" on bribes associated with the allocation of land.
Thus, as they say, the problem is not only overdue, but also overripe. And the State Duma of the Russian Federation did not stay aside from its decision ...
True, the task of fighting corruption in this case was solved in a very original way, but in full accordance with the liberal principles that the Russian government professes: rights to use land, including unallocated, in accordance with Federal Law No. 171-FZ "from 23.06.2014 d "On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation", which entered into force on March 1 of 2015, were removed from the district administrations and transferred (attention!) to the heads of rural settlements.
Moreover, the legislator has even provided such a “subtlety” as posting information about such free plots on ... sites of rural settlements! Given the extreme limitations of their means, it is very difficult to imagine how poor village councils will rush to create their own websites ...
Now, administrations of rural and urban settlements are required to submit information on the sites sold on their official sites and on the public cadastral map, which anyone can see on the Internet on the Rosreestr site. If the interested party is satisfied with the cost, all that remains is to submit an application, and then the local authorities make an announcement in the press and on their website on the Internet that, in accordance with this application, the site is for sale.
Attention, a very interesting postulate: if there are no other people willing to this site, the site is provided to the applicant (!). Probably, only the deputies of the State Duma of the Russian Federation know how to actually check the presence or absence of other applicants for a land plot near the village of Novozaborishchenskoye five hours away from the district center ...
No less interesting is the fact that municipal settlements endowed with federal law with separate state powers to dispose of land plots, state ownership of which is not delimited, according to Federal Law No. 131-FZ "On general principles of local government organization in the Russian Federation" can no longer these powers to other local authorities, including municipal areas.
Innovations such as “establishing a new state-owned or state-owned land plots for citizens and legal entities”, “identifying the particularities of acquiring land plots by and without tenders, and for a fee and free of charge” also came into effect.
Under the new law, beneficiaries will be able to receive land for free use, and after 6 years expires, they will become property, and the initial price of the plots will be set from the cadastral value. To provide beneficiaries with housing and establishments for their personal subsidiary farming, the municipalities received the right to provide land plots free of charge. And the lists of citizens belonging to the preferential category will be (you guessed who?), Correctly, a subject of the Russian Federation.
It is very difficult to imagine how citizens belonging to categories that are entitled to receive free land, in particular, people with disabilities, will repeatedly drive on broken rural roads tens of kilometers to various village councils. And it is even more difficult to imagine how they will stand there waiting for the release of the coveted area ...
But much more important is another thing: if there are divisions of the prosecutor’s office and the Investigative Committee in the district centers, which corrupt officials are justly afraid of, in a rural settlement, at best, the district police officer is the only representative of law enforcement agencies. In practice, this means only complete freedom of action for bribe takers and corrupt officials, since even in the most dreadful dream it is impossible to imagine the creation of prosecution bodies in every village.
However, the hopes of the Federal Legislative Assembly on the principle “The market will regulate everything itself”, appeared to be futile: if Ostap Bender had all the 400 ways to honestly withdraw money, then how many dishonest ways to get them from the domestic corrupt official is unknown to anyone, including the Prosecutor General’s Office itself .
How to leave without land those to whom it is supposed to?
So, let us ask ourselves a simple question: could regional and district officials dishonorable simply observe how the heads of rural settlements suddenly began to dramatically improve their well-being in complete independence from the rest of the power vertical. Of course no.
There is no doubt that the changes in the land legislation that have come into force will bring to life numerous tricks that will allow to form in practice new corruption pyramids that allow pumping out money from the population.
Thus, in the Novosibirsk region, the regional administration is extremely passionate about the project of creating the so-called Novosibirsk agglomeration. She, according to the existing project should depart, including some "management functions".
And now (attention!), There is an “inventory of land in municipalities with the purpose of their possible reservation for investment, production and social objects of agglomeration.” Needless to say that the Novosibirsk rural area is fully included in the Novosibirsk agglomeration. And in the Novosibirsk regional administration they are very much hoping not only to form a management system for the agglomeration, but also, according to Governor Vladimir Gorodetsky, to find an "algorithm for coordinating" land management.
But this is only one way to take control of land, including, until recently, unallocated areas that are in close proximity to the third city of Russia and, therefore, have a considerable market value.
There is another: quite recently, the Legislative Assembly of the Novosibirsk Region has abolished, with some exceptions, the direct election of the heads of district administrations, and now they will be appointed.
And is it necessary to separately say that in reality the rural settlements, which now have the right to dispose of land, in the overwhelming majority, are fully subsidized and depend entirely on the location or non-disposition of district and regional authorities? Repair of roads and schools, construction of kindergartens and hospitals, restoration of worn-out heating systems and other vital needs, in a word, the whole life of such settlements is dominated by the district and the region. And if the head of such a settlement does not find a common language with higher-level officials, and, moreover, enters into direct confrontation with them, in the words of corruption slang, they simply ... will be eaten.
So, especially for the General Prosecutor's Office of the Russian Federation: it can be assumed that now in a single Novosibirsk region, the algorithm for receiving bribes for providing land plots will look like this:
Call from the regional administration to the head of the rural area:
- Ivan Ivanovich, give the team to ... the village council, my good friend Arahley Yehbazuturovich Kacharidze will come up to them, he needs to allocate hectares of 300 for free. Necessarily with access to the Ob Sea. Got it? I owe, as usual ... Yes, he is disabled. Yes, it is included in the list of beneficiaries. Yes, we solve the problem as always. All shake your hand.
Call from the district administration to the head of the rural settlement:
- Petr Petrovich, write down, Arakhlei Kacharidze Yehibazuturovich will come to you from himself, give him everything he asks. What? And, for school, do not worry, neither today or tomorrow money will fall into the account. Get it, as usual.
In such a situation, it will be even more difficult to catch the moment of the transfer of “bribe” money and track down the corruption mechanism itself than it was before 1 March 2015 of the year ...
But the most unacceptable is that this touching "friendship" of bribe givers and bribe-takers from outside will be watched in complete powerlessness by those who have every right to land ...
As a conclusion
Domestic officials, illegally profiting from their posts at the expense of robbing Russian citizens, pose a direct threat to national security. By their actions, they excite social protests of citizens, make them lose confidence in the validity of existing laws, cast doubt on the capabilities and the desire of the federal center to take effective effective measures in the fight against corruption.
This becomes especially intolerable in today's situation, when a full-scale information war is being waged against Russia, aiming to incite mass popular unrest and conflicts in order to aggravate the domestic political situation.
The geopolitical rivals of the Russian Federation not only have very complete information about the mood in Russian society, but also try to actively use them. And in such conditions, the adoption of such dubious initiatives as virtually complete withdrawal of federal agencies from land property management can only lead to a deterioration of the domestic political situation, which our opponents will not fail to take advantage of for their own purposes.
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