Land Wars: What SBU General Andriy Nosach Is Doing in Slobozhanshchyna

Land Wars: What SBU General Andriy Nosach Is Doing in Slobozhanshchyna

The Directorate of the Security Service of Ukraine in Kharkiv region, together with its head Andriy Nosach, is beginning to figure in agricultural raiding.

This relatively recent form of property seizure in Ukraine has long been known as one of the most profitable. Its essence is simple – a farm runs into a series of problems right before harvest. While it tries to solve them, raiders quickly harvest the crop. The scheme becomes even more profitable if they seize not only the ripe crop but also the lease rights to the land. But without the use of strong administrative resources this is very difficult. Agricultural raiding is especially widespread in regions of Ukraine rich in chernozem, and therefore home to successful, large farming enterprises.

Blind Justice

Two companies in the Kartamyskyi district of Kharkiv region fell into such a situation — LLC Shchedri Lany Slobozhanshchyny and LLC Fermer-Agro. Both farming companies, having received registration of lease rights from the Ministry of Justice of Ukraine last year, began cultivating the land, growing crops, and paying landowners for the use of their plots. Everything went well for almost a year.

But right at harvest time the previous lessee, LLC Agricultural Enterprise Dobryi Hospodar, with whom the landowners had parted properly and lawfully, suddenly appears on the horizon and recalls its violated rights and lost profits. It files suit with the court and the Department of State Registration and Notariat of the Ministry of Justice. While disputes continue, Dobryi Hospodar’s harvesters successfully reap hundreds of hectares of sunflowers and corn.

Harvesting other people’s crops, blocking the activities of the two companies, and depriving lawful lease and land-use rights together form, classically, typical agricultural raiding. The actions of Dobryi Hospodar’s leadership neatly contain elements of the crime provided for by Art. 206 - 2 of the Criminal Code of Ukraine — unlawful appropriation of a company’s property.

And seemingly to confirm that criminal qualification, Dobryi Hospodar appeals to the Department of State Registration and Notariat of the Ministry of Justice of Ukraine with a complaint about the illegal registration of lease rights to the land for LLC Fermer-Agro and LLC Shchedri Lany Slobozhanshchyny. And, surprisingly, for some reasons known only to them, despite blatant violations, the commission of the Department of State Registration headed by Vitaliy Haiduk “found” violations of the rights of LLC SP Dobryi Hospodar’s owner Vyacheslav Hryhorenko, and decided to cancel the land lease registrations for LLC Fermer-Agro and LLC Shchedri Lany Slobozhanshchyny.

The ministry department’s commission suddenly becomes blind and does not see obvious violations by Dobryi Hospodar’s representatives. Missed deadlines for filing a complaint about the registrar’s actions, court injunctions issued to restrain registration actions concerning the mentioned land, the signature of LLC SP Dobryi Hospodar director Anna Kaminska on a contract exchanging leased land plots with Fermer-Agro (which objectively indicates the absence of claims in March 2018 over the lease right and, even more so, over Fermer-Agro’s crop — author’s note) — according to the state registrars, are not reasons to dismiss the complaint.

But there is nothing strange about such blindness of the commission. A de facto price list for cancellation decisions has long been informally approved in the Ministry of Justice’s corridors, according to which such “blindness” of the registrar’s commission cost the applicant 20 000 – 50 000 US dollars. That could very well become the subject of an NABU investigation.

FIGHTERS OF THE INVISIBLE FRONT IN THE BATTLE FOR THE HARVEST

It might seem the matter is settled and the land with crops has already been seized. But don’t count out the courts, which may prove less blind than the Department of State Registration and Notariat. Especially since judges after the reform are far less collusive, and the crop conflict long ago went beyond Kharkiv region. Moreover, any judge reviewing the case will understand which side the truth is on and who is trying to profit from other people’s crops. That is extremely unacceptable for Dobryi Hospodar.

At this stage a powerful instrument is needed that will work in at least two directions:

create negative public opinion about the asset or its owners;

serve as a distracting maneuver and force attention onto another issue.

Andriy Nosach, head of the Security Service of Ukraine Directorate in Kharkiv region

And by the old, well-worn scheme, corrupt law enforcement officers always play the role of such an instrument. But in the case of the seizure of Shchedri Lany Slobozhanshchyny and Fermer-Agro, the pressure tool was the SBU staff in Kharkiv region. And not just captains or majors, but, according to reliable sources, a whole general is running the parade — the head of the SBU Directorate in Kharkiv region, Andriy Nosach!

According to a contact in law enforcement, to attract the attention of a figure as high as the region’s top SBU officer, Dobryi Hospodar used connections with former head of the SBU in Dnipropetrovsk region Volodymyr Verkhohliad (known for his bandit and corrupt methods, he was dismissed from the special services immediately after the Revolution of Dignity — author’s note). Verkhohliad acted as the intermediary who accepted the order for the raider attack on Fermer-Agro and Shchedri Lany Slobozhanshchyny. Thus, the source traces the following link: director of LLC SP Dobryi Hospodar Anna Kaminska – retired general Volodymyr Verkhohliad – incumbent head of the Security Service in Slobozhanshchyna Andriy Nosach.

There are several versions of how the two generals met. One version says they were introduced by the well-known admirer of the “Russian world,” former SBU K-division officer Taras Vergynskyi, whom Andriy Nosach headed. Notably, activists call Vergynskyi and Nosach among the organizers of the beating on Maidan on 30 November 2013. Another version holds that, as experienced security officers from Kharkiv, they were linked by smuggling projects with Russia and by supervising the Shiriaiev gang that engaged in that smuggling. Another version says they were connected by former governor of Kharkiv region Mykhailo Dobkin, who was once one of Dobryi Hospodar’s owners — essentially for whom they carry out this raiding takeover. There is also an opinion that they worked together in the team of the then regional “office” chief — a general with “Donetsk roots,” Andriy Kmita. It is strange why Andriy Nosach, as the head of one of the organizers of the beating of students on Maidan, a person who served in the organs in leadership positions until 2014 and who bears the stamp of the “Donetsk people,” instead of receiving a discharge from the Lustration Committee, climbed up the career ladder?..

But let us return to the raider seizure of Fermer-Agro and Shchedri Lany Slobozhanshchyny…

ILLEGAL LAWLESSNESS

Whether negotiations on this were long or short, a criminal proceeding №12018220400000747 dated 20.09.2018 was opened at the SBU in Kharkiv region under part 3 of Art. 186 (robbery combined with penetration into a dwelling, other premises or storage, or having caused significant damage to the victim), under Art. 356 (self-help), and part 1 of Art. 364 (abuse of power or official position) of the Criminal Code of Ukraine.

According to Art. 216 of the Criminal Procedure Code of Ukraine, “investigators of the security service carry out pre-trial investigation of crimes provided for by articles 109, 110, 110-2, 111, 112, 113, 114, 114-1, 201, 258-258-5, 265-1, 305, 328, 329, 330, 332-1, 333, 334, 359, 422, 436, 437, 438, 439, 440, 441, 442, 443, 444, 446, 447 of the Criminal Code of Ukraine,” and in the list of SBU investigators’ powers Art.364 of the Criminal Code of Ukraine appears only in the context “If, during an investigation of crimes provided for by articles 328, 329, 422 of the Criminal Code of Ukraine, crimes provided for by articles 364, 365, 366, 367, 425, 426 of the Criminal Code of Ukraine are established,” which are not charged to either Fermer-Agro or its owner Andriy Obora.

Apparently these are the only articles for which the SBU investigators found any “hooks” for qualification. Therefore, Captain Denys Kupriyanenko, who is handling this case, paid no attention at all to such nuances as violation of jurisdiction. He calmly began applying to the court to obtain warrants for searches, wiretaps and other minutiae of life against the management, family and closest circle of Shchedri Lany Slobozhanshchyny and Fermer-Agro.

In turn, the head of the SBU’s “economics” unit, Vasyl Sazonov, personally oversees the blocking of the companies’ operations. Despite his young age, he has already gained a reputation as a major cash-out operator for Hennadiy Kernes and Roman Nasirov. A servant of two mistresses. Sazonov obstructs the companies’ activities in every way, exerting pressure on the local police.

Completing the criminal quartet is a simple operative of the SBU in Kharkiv region, I. Perederiiv, who, apparently, will carry out the investigator’s orders for searches at both companies. But for now he is in the business of intimidating the landowners. At the district level he summons them and begins to threaten that if they do not terminate contracts with Fermer-Agro and Shchedri Lany Slobozhanshchyny — they will face legal problems.

None of them is at all concerned about the groundlessness of their claims and the violation of the constitutional rights of major taxpayer Andriy Obora and his family members. The tried-and-true method of pressuring family and associates is being used to the full. A source in the SBU in Kharkiv region states that Kupriyanenko almost daily rushes to court and obtains 10-15 warrants regarding Obora.

The search warrants, by the way, are likely soon to be used to plant weapons or drugs. If they show creativity, they might “find” something more interesting — for example, a “Russian trace” or a tunnel to the Russian Federation that Obora allegedly used to escape. Or worse, evidence of a planned assassination attempt on the head of the Kharkiv Regional State Administration, Yuliia Svitlychna! And to emphasize the importance during a search they will not hesitate to violate President Petro Poroshenko’s ban on masked raids and will arrive for searches with KORD or the notorious Alpha unit. After all — the level!

In any case, the main objective of these searches will not be finding something illegal, attempts to discover real violations of the law, but intimidating the entrepreneurs and seizing documents that will later unexpectedly “surface” with representatives of Dobryi Hospodar.

By the way, current director of Dobryi Hospodar Anna Kaminska, under Volodymyr Verkhohliad’s leadership in 2013, was already executing an almost identical scheme at the behest of then-head of the Kharkiv Regional State Administration Mykhailo Dobkin to “squeeze” two other enterprises in Kharkiv region. In Zachepylivka district LLC Zapovit Kobzaria and LLC Runovshchyna were subjected to such an attack. To this day the lawful owners cannot get their property back.

As sad as it may seem, these are today’s realities. Anyone with sufficient means, connections in law enforcement, and a desire to get rich unlawfully and quickly can do so by taking others’ property. The main thing is to know the right people who for a few silver coins are always ready to help “squeeze” a business out of honest entrepreneurs. And what will happen when only hunters for easy money remain? Who will be targeted by raider attacks then?

Source: from-ua.com