As it became known to the VChK-OGPU Telegram channel and Rucriminal.info, on June 10, 2000, the Administration of the Odintsovsky District of the Moscow Region transferred to the ownership of Mosdachtrest JSC (the main shareholder is AFK Sistema under the control of the Russian billionaire Vladimir Yevtushenkov, whose structures through Business-Real Estate (a subsidiary of Sistema) own Mosdachtrest) a land plot of 16.9 hectares for 5,915,000 (even the cadastral value of the plot is much higher), located at the address: Moscow Region, Odintsovsky District in the area of the village of Zdravnitsa. Both the contract and other documents do not contain information about the water body, which was municipal property, and therefore was a water body for public use. It is also necessary to take into account that privatization of public water bodies is prohibited. The owner, represented by the Odintsovo District Administration, was obliged to take into account the water body and submit information about it to the state water cadastre in order to exclude the public water body from land circulation. However, the Odintsovo District Administration did not fulfill this obligation.
With such a controversial sale of a land plot, the Odintsovo District Administration predetermined the division of the lake.
Then, Mosdachtrest JSC divided the acquired plot into 110 independent plots, including a plot with a lake, allocating it as a separate plot. Thus, Mosdachtrest JSC built a road across the lake, connecting the two parts with a pipe, thereby dividing the water body into 2 parts, according to the boundaries of the plot received into ownership. This fact can be tracked using satellite and topographic maps. A small part of the water body is currently a public property, cadastral number 50:20:0000000:301044, and the second part is privately owned - cadastral number 50:20:0000000:296674. Thus, according to information from the state water register, the water body located on a land plot with cadastral number 50:20:0000000:296674 (location address: TSN "Novaya Rozhnovka" Odintsovo district of Moscow region) is a lake without a name (water body code 09010101611199000000030) and, based on topographic maps and satellite images, as well as according to the results of a forensic examination, has existed since the 1970s.
After the division, Mosdachtrest JSC began selling land plots for individual housing construction. The land plots near the lake were sold at much higher prices, promising residents their own access to the water. However, the lake was sold last to Zakharov A. Yu. (Deputy Head of the Arbat District Administration for Construction) for 2,000,000 (two million rubles), when the cadastral value at the time of sale was 24,935,038.52 (twenty-four million nine hundred thirty-five thousand thirty-eight rubles fifty-two kopecks). Zakharov A. Yu., with the full assistance of Mosdachtrest JSC, decided to remove the water body from federal property and define it as a "pond-dig" for the purpose of further filling and selling it as plots for dacha construction. Attempts to fill the lake with soil, concrete blocks, as well as damage to the pipe, which is a hydraulic connection between two parts of a single water body, were repeatedly recorded, which were carried out with the aim of preventing the examination, as well as putting pressure on the experts. Also for the above-mentioned actions, citizen Zakharov A.Yu. was brought to administrative responsibility by the Ministry of Ecology and Nature Management of the Moscow Region.
By the decision of the Odintsovo City Court of the Moscow Region dated August 29, 2023, in case No. 2-293/2023, the stated claims were denied.
By the Appellate Ruling of the Moscow Regional Court dated March 31, 2025 in case No. 33-732\2025, the Decision of the Odintsovo City Court of the Moscow Region dated August 29, 2023 in case No. 2-293/2023 to cancel the claims of the Moscow-Oksky BVU FAVR (TIN: 7733012419) against Zakharov Alexander Yuryevich, JSC Mosdachtrest (TIN: 7702059128) on recognizing the formation of a land plot as illegal, in terms of including within its boundaries the water area of a water body - a lake without a name (water body code 090101016111990000000030), which is in federal ownership, recognizing the registered ownership right of Zakharov Alexander Yuryevich to part of the land as absent plot, address (location): Moscow region. Odintsovsky district, Rozhnovka farm, in part of the area of overlapping its boundaries with a water body - an unnamed lake (water body code 090101016111990000000030), within the coordinates of the water area of the water body established by an additional examination in this case in the corresponding coordinates, to oblige Aleksandr Yuryevich Zakharov to eliminate the overlap of the boundaries of the land plot with the water area of the water body - an unnamed lake (water body code 090101016111990000000030), within 2 months from the date of entry into force of the court act into legal force, by establishing the boundaries of parts of the land plot located outside the water area of the water body - a lake without a name (water body code 090101016111990000000030) to leave without satisfaction.
By the definition of the Odintsovo City Court of the Moscow Region dated 04.07.2023 in case No. 2-293 / 2023 in a civil case on the claim of the MOBVU to Zakharov A. Yu., JSC Mosdachtrest on challenging the formation of a land plot, excluding information on the boundaries of the land plot from the Unified State Register of Real Estate, challenging the transaction, applying the consequences of the invalidity of the transaction, a forensic hydrological examination was appointed. The examination was entrusted to experts from ProjectEcoService LLC.
In the future, experts from ProjectEcoService LLC were also entrusted with conducting an additional forensic examination. During the additional forensic examination, when studying the hydrological connection with groundwater, it was established that within the boundaries of the land plot there is a water body that has the characteristics of a reservoir and characteristics of a water regime with predominant feeding by groundwater, which in its composition is close to spring waters, which are connected with water bodies of the Moscow-Oka basin (Likova River), one aquifer, distribution area, discharge area, forming an aquifer complex of hydraulically interconnected objects, through which the nearby rivers are fed. In this way, surface and underground flows are formed, the sum of which is the total flow of the studied reservoir of surface watercourses (rivers and streams) of both the studied and adjacent territory.
During the additional study, it was established that this reservoir is fed by underground sources of natural (natural) origin. The studied reservoir has a special hydrological regime, different from typical ponds-dugs. Thus, the genesis (stages of development) of the studied reservoir is dual: anthropogenic origin with natural (natural nutrition).
Taking into account the above, the filling of the disputed reservoir is carried out with waters that are in state ownership.
The Cassation Ruling of the First Cassation Court of General Jurisdiction also rejected the complaint.
Roman Trushkin
Source: www.rucriminal.info
