Chernihiv residents unite in the fight against “black realtors”

“Black realtors” – this infamous expression from the dashing 90s is still relevant today. Several dozen Chernihiv families have suffered from illegal real estate deals. Their misfortunes are as similar as twin brothers.

A quiet, law-abiding family buys an apartment with their hard-earned money, settles in it, and suddenly strangers turn to the buyers with a demand to return to them… their legal property, which was allegedly sold with violations. At the same time, the unfortunate heir considers it right to sue not the real violators, who criminally forced them to make a will in favor of a third party, but the family that had the misfortune to buy that “Khrushchev” after many sales! Since then, the owners have lost their peace and sleep, some young men are constantly threatening to take the apartment by force, and leave their minor daughter – without trial and investigation – in the open air! This story is not made up – Chernihiv residents Tetyana and Borys Yereski have been living in such horror for the 6th year. How they withstand this insane pressure – only God knows. The last attempt to throw the family out onto the street was made on March 19, 2013, when the adults were at work, and the sick girl was left at home. The applicant for housing, with the support of skinhead boys, broke down the door with an ax and tried to forcibly appropriate the family’s only apartment. The attack was repelled only thanks to the prompt assistance of representatives of public organizations, journalists and police officers. The head of the Chernihiv city police department, Oleksandr Alistratov, personally went to the scene of the incident. The investigation into the criminal case, which was initiated on the fact of fraud by “black realtors”, has been ongoing for over 2 years. At present, it has been possible to suspend the enforcement proceedings on the eviction of the family.

Or here is another story: an elderly woman Lyudmila Ryabchenko, thanks to her “caring” daughter, turned out to owe a lot of money to many people. Both for “communal services” and to neighbors, and in addition, her only granddaughter became seriously ill. In order to somehow get out of debt, the pensioner decided to sell her 4-room apartment. The “expert” who said “It will be done!” immediately moved another family into two rooms, then evicted the owners from their homes altogether and installed a strong, as if bank-like door. The unfortunate woman was offered a choice of accommodation, but not in the city, but in one of two villages. Instead of a warm apartment, she was given a tiny one-room apartment without heating. It also turned out that the realtor had taken 100 thousand hryvnias from her as payment for legal services!

The third case. In the distant past, Volodymyr Opryshko, a tennis coach from Chernihiv who now lives in Moscow, lost not only his parents’ home and his own property, but also his own brother, who, out of his own greed and without Volodymyr’s consent, decided to sell the real estate he had inherited from his parents. Now the former athlete is forced to seek justice in the courts.

Of course, this list of bitter stories can be continued endlessly. We are sure that there are many more victims of the illegal actions of “black realtors” in Chernihiv. However, frightened and exhausted people are afraid to tell the truth. They were persuaded to keep quiet by threats, persuasions, and sometimes even bribery. The name of the person who has been doing business on the suffering of others for many years is no secret – it is the owner of one of the real estate agencies in Chernihiv, Volodymyr M. In all the above-mentioned cases, his name appears in the purchase and sale agreements or the provision of legal services. For many years, those who were not afraid to speak out against him tried to bring this businessman to justice. Numerous appeals to the police did not bring any results. Criminal cases exist only “after the fact”, and not in relation to the person who started all this mess.

Extremely upset and desperate people turn for help to

The Center for Legal Information and Consultations

, which operates on the basis of the Chernihiv Public Committee for the Protection of Human Rights with the support of the International Renaissance Foundation.

The Center for Legal Information and Consultations

, which has been providing legal assistance to citizens for several years. By the way, it does this absolutely free of charge. Thanks to the efforts of human rights activists, those dark cases that “black realtors” prefer to arrange quietly and without unnecessary noise – come out of the shadows. Journalists, public figures and simply caring citizens come to the defense of victims of scams by businessmen. Not least thanks to this attention, it was possible to defend the Yeresko family’s apartment from forceful seizure and suspend the enforcement proceedings on the family’s eviction.

Thanks to the work of human rights activists, the story of the Chernihiv family’s ordeal was heard in the government offices of Kyiv. Currently, this case is under the control of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.

— Our organization has been working in this field for 13 years. During this period, we have had to face various problems, — says

Viktor Tarasov, head of the Center

. — The issue, the solution of which is currently very acute, is the violation of citizens’ property rights. The number of violations in this area is growing literally exponentially. The stories given above are just the tip of the sad iceberg. And here’s why. Real estate is a treasure in itself, because it is too expensive. To buy it, people save money and work hard for years. The proceeds from the sale of such property often amount to entire fortunes! Because of these funds, homeowners become easy prey for “black” realtors and scammers. This is especially true for low-income people, pensioners, and single citizens. Unfortunately, due to the negligence and low legal education of adults, children also suffer in these situations, who are at risk of being left on the street.

Just imagine the absurdity of the situation! Adults, with diplomas of full higher education, with a considerable baggage of their own life experience, most often do not know the elementary thing – their own rights! They naively believe all the crooks in real estate agencies, realtors, inattentively read the concluded purchase and sale agreements, and then sign the documents. When it comes to finding out what exactly they signed – people cannot even describe at least a few terms of the agreement! From the point of view of legal protection, such cases are very complex, they are conducted for years, because often fraudsters have corrupt connections in the internal affairs bodies, BTI, among notaries and employees of the executive service. Criminals find loopholes in our imperfect legislation and use cunning legal tricks, which significantly complicates the appeal of such actions in the courts. The police, prosecutor’s office, and government agencies are indifferent to the problems of victims of real estate fraud. Even in the case of the initiation of criminal proceedings on the fact of such abuses, these cases can be considered for years! Including due to the inexperience of police investigators, who still cannot understand all aspects of the new Criminal Procedure Code.

People turn to our organization for help at different stages, but often when they have already lost in district and appellate courts. That is, we are turning into the so-called last resort. Of course, this does not make the work of human rights defenders easier. As for the legal aspect, in such cases where there is a violation of citizens’ rights, the Center for Legal Information and Consultations provides not only advisory assistance, but also helps in drawing up procedural documents, conducts representation in courts and other government bodies, and conducts information and advocacy campaigns. Currently, the Center is already processing 6 similar cases of residents of Chernihiv. The history of the emergence of problems in each of them is, of course, different, but the essence is the same – people lost money, health, and housing thanks to dishonest real estate dealers.

What is most difficult is that legal assistance alone is not enough to expose the fraudulent actions of “black realtors”. It is necessary to cause public resonance, to draw public attention to this problem! It is extremely difficult to stir up a crowd and make them think in categories higher than an ordinary consumer, and also to discuss the above-mentioned problems. That is why our organization is gradually turning into a professional organizer of public protests against the arbitrariness of the authorities and law enforcement agencies. Although I am personally convinced that such actions are more of an act of desperation than a legal instrument. At the moment, court proceedings are underway in the cases of the Yeresko family, Volodymyr Opryshko and many others. On the basis of the Chernihiv Public Committee for the Protection of Human Rights, people have united for a common goal – to overcome injustice and defend their own rights. “Fight – you will win,” as the Great Kobzar bequeathed to us. Therefore, I know and believe – we will succeed!