Samopomich, Holos and the European Solidarity supported Mayor Sadovyi in cutting down the land in the center of LvivDecember 14, 2023
Mayor Sadovyi sends everyone to fight who has a turn. Everyone except his sonsDecember 18, 2023
According to the Constitution of Ukraine, the right to property is inviolable and no one can be unlawfully deprived of this right. Since 2004, Ukraine has had an electronic register of property rights, which contains information about property owners and the objects they own. Raiders who want to take possession of someone else’s property face one problem: how to change the legal owner of the property in the electronic register of property rights to the person they want. There are “lower grade” raiders who technically hack the database and change the owner, and there are “higher grade” raiders such as Sadovyi, who massively robs citizens by transferring property in the register to the city council.
In order to squeeze property from private ownership, A.I. Sadovyi needs only one thing: to obtain at any cost the “necessary decision” of the court to reclaim the property from the rightful owner. Having such a decision in hand, the city council, represented by Sadovyi, applies to the state registrar and the state registrar, based on the court decision, changes the owner to the city council. The property is then transferred to the right persons (legal entities or individuals) in a non-transparent manner.
The state registrar who registers property rights in the electronic registry is subordinate to the legal department of the Lviv City Council, which is headed by G.K. Payonkevych. Thus, the levers for committing fraud are in the hands of A.I. Sadovyi.
Sadovyi decided that it was with the help of dishonest judges that the people could be robbed, and he was right.
Especially for these purposes, the head of the legal department of the Lviv City Council, G.K. Payonkevych, developed a criminal scheme for the theft of property from private property:
- lawyers of the legal department of the Lviv City Council, headed by Mr. Payonkevych G.K.
- private commercial entities associated with A.I. Sadovyi, which are actively involved in litigation, which will later be used to recover the stolen property in their ownership.
- courts of m. Lviv courts of various instances.
- judge of the Supreme Court of Ukraine.
- Representatives of the Prosecutor’s Office of the city of Lviv.
Therefore, all of Sadovyi’s further actions are aimed at obtaining the “right” court decision.
The raider scheme of Sadove looks like this:
Mr. Sadovyi and Mr. Payonkevych are waiting for the privately owned property to be resold for money to the next owner. As soon as the property is acquired under a payment agreement, the city council files a lawsuit against the final owner to reclaim the property from his ownership, arguing that 20 years ago, under the previous mayor, the property was illegally disposed of by the city council as the primary owner, juggling the concept of “disposal against its will”. Mr. Sadovyi does not have any evidence that such a disposal 20 years ago was illegal.
That is, not having been the owner of the property for more than 20 years, the Lviv City Council brazenly goes to court with a request to take away property that rightfully belongs to someone. Given that the city council is not the owner of the property at the time of the request, such claims should not be considered at all. However, the courts have been considering them for years and this phenomenon is widespread. It is the last owner, who purchased the property for money without committing any offense, who becomes a bargaining chip in the fraudulent scheme of the court, which, at the request of A. Sadovyi, deprives him of the property without any compensation, ripping him off like a sticky.
But not everything is as smooth as Sadovyi would like it to be. The problem is: how to squeeze the property out of private ownership if 20 years ago, under the previous mayor, the Lviv City Council issued a state land certificate or other document of ownership to one of the first owners and such documents are still legal today? To paraphrase, this means that the property was transferred from municipal to private ownership 20 years ago, and Sadovyi has no evidence that such a transfer was illegal.
And then a particularly gifted mayor of Lviv came up with a “brilliant” idea. Sadovyi decided that he did not need any evidence, his will would be enough, because he is the mayor and not some cattle, and therefore, if the mayor said that the document was illegal, it means it is. And illiterate cattle, in Sadovyi’s understanding, are people who can be fed any kind of nonsense. The main thing is that the judges think the same way and make the right decision.
In order to reclaim property from the rightful owners, Sadovyi and his team use a variety of illegal methods that would horrify a sober-minded person.
And what is most cynical is that by robbing the people, Sadovyi and Payonkevych are trying to convince society, especially the victims, that this is not only necessary but actually legal and humane. No matter how fantastic it sounds. The track record of the scheme’s participants should be a convincing argument for everyone, especially for the robbed owners, who must meekly accept the loss of their property and quietly sniffle through two holes. In this way, Sadovyi is trying to give legitimacy to his crimes.
A bona fide owner who gets caught by the raider mafia is doomed and has no chance. There is plenty of evidence of this, which can be found in the unified register of court decisions.
Sadovyi commits almost all crimes against real estate through the courts.
How all this works in practice will be briefly described below. The evidence is based on real-life circumstances documented in one of the civil cases.
Implementation of a criminal scheme by Lviv City Council
A.I. Sadovyi and G.K. Payonkevych are like a predatory animal waiting for their prey. And then it appears.
In 2016, a private individual bought a land plot in the city of Kyiv for cash. Lviv on ul. The seller of the legal entity became the 5th owner. At the time of the agreement, the land plot was not subject to a ban on alienation, mortgage or tax lien, which was verified by a private notary. The agreement was certified in compliance with all applicable laws.
The lucky owner has no idea that he has fallen for the hook of scammers from the city council when buying the property.
As soon as the property was acquired under a payment agreement, the Lviv City Council immediately began to scream at the top of its lungs that 20 years ago this real estate was stolen from it, that it was sold without its will (presenting itself as a victim) and that it knew nothing about it. It seems that a land plot is a thing that you can pick up and take away.
In order to realize its criminal intentions, the Lviv City Council files a lawsuit against a bona fide purchaser to reclaim property from his property, where it considers and proves events and circumstances from 20 years ago that have nothing to do with this person. The prosecutor is unreasonably involved in the case, as well as the same commercial structures that were the previous owners of the property as third parties. The bona fide owner is shocked, to put it mildly, he does not understand what is wanted from him, where they are coming from, and what the Lviv City Council and unknown private companies have to do with him. He has no idea that the city council and the judges of the city Lviv has been assigned a special role in this case – the role of a scapegoat – and naively continues to believe in the rule of law.
Of course, an ordinary person cannot understand this absurdity, which is what Mr. Payonkevych is counting on by abusing his knowledge of jurisprudence. The city council also hopes that for various reasons the person will give up the fight, and in this case, everything will be in “chocolate” for Mr. Sadovyi. For this purpose, officials use all methods of pressure on the victim available to them.
In such cases, as usual, the city council does not act alone, but “works” in tandem with the legal entity concerned. This is the company that will later be used to transfer the stolen property into its ownership.
In this case, such a person is PE “Trading House “Galpidshchynnyk”, which submitted to the court documents for a long-term lease for a plot on Bichna Zbyrbalna Street, which does not exist in Lviv and has never existed. The city council claims that the non-existent plot overlaps with the owner’s plot. This only proves that Sadovyi is not above forging documents. It is this company that is the main pawn on the chessboard in Sadovyi’s dirty game, with the help of which Sadovyi is implementing his criminal intentions. But it is not the cherry on top.
Having a great desire to benefit at someone else’s expense, Sadovyi realizes that something must be done, since 20 years ago the land plot was legally withdrawn from communal ownership on the basis of a state act that has not been invalidated to date. And what Mr. Sadovyi is resorting to is actually shocking.
The city council appeals to the Lviv Court of Appeal to recognize the transfer of ownership between the 2nd and 3rd private owners as illegal. To put it in simple terms, the reporting judge of the Lviv Court of Appeal, Mr. A. Nikevych, at the request of the city council, declared illegal a document that had nothing to do with the city council. This is just horrible!!!
At the same time, the last 5th owner does not even suspect that his land plot has become the subject of carve-up in the Court of Appeal, as his need to be involved in the case as an owner was ignored by the court and the city council.
Having received the criminal decision of the Court of Appeal concerning the 2nd and 3rd owners, the city council presented to the Zaliznychnyi District Court the grounds for reclaiming the property from the 5th owner!!! The actions of the city council fit into one proverb: the elderberry is in the garden and the uncle is in Kyiv.
The main manipulation of the city council and judges is to reduce logical and understandable things to absurdity that no one would be able to understand. As a result, absurdity and logic are so intermingled that any line separating them is lost.
Attempts to mix the incompatible, chaos, confusion, substitution of concepts are the main tools of A.I. Sadovoy and the judges, and all this so that the robbed owner cannot distinguish between one thing and another. If a person has at least some small part of common sense and conscience, you look at this and cannot understand: how can this be? It is so obvious, so unambiguous, so simple! Sadovyi and Payonkevych, who diligently mix white with black to the point of inalienability, do so not because they have vision problems, but because it is profitable for them.
Under this sauce, judge of the Zaliznychnyi District Court Kirilyuk A.I. made an absurd decision that even an illiterate collective farmer would not have thought of. Judge Kirilyuk ruled that the owner’s purchase agreement should be recognized as legal, but the land plot should be reclaimed in favor of the city council.
Wanting to please Sadovyi, Judge Kirilyuk A.I. deprived the owner of the right to court debates and falsified the last court record.
If Judge Kirilyuk knew the law better, he would have known that such a claim should not have been considered at all because the Lviv City Council was not the owner at the time of filing the claim. Instead, it was considered in courts for 7 years. As a result, an absurd lawsuit gave rise to an absurd decision.
The case was further reviewed by the Court of Appeal 2 times.
The Lviv Court of Appeal is Sadovyi’s fiefdom. While it is still possible to win the first instance against the city council, it is never possible to win the appeal. The proof is in the cases involving the city council. The decision of the Lviv Court of Appeal is the trump card in Sadovyi’s fraudulent schemes.
Here I cannot ignore the highly qualified judge of the Lviv Court of Appeal, R.P. Tsiatsiak. The only court hearing he held in February 2021 was more like a circus performance with Judge A.I. Tsiatsiak playing the main role of a clown.
Judge Tsyatsiak A.I. accused the owner of all the “main sins”, forgetting that he was bona fide: namely
- The fact that the Lviv City Council did not register the deed in the book (which was not even proven) is the fault of the last owner.
- the owner had to explain (because the judge did not understand) how the act was issued 20 years ago. Mr. Tsyatsiak apparently forgot that the act was issued by the city council and not by a bona fide purchaser.
- the owner should have questioned the information in the State Register of Property Rights before buying. In addition, Judge Tsyatsiak R.P. is not familiar with the legislation of Ukraine, which states that the state guarantees the accuracy of information in the register of real rights.
During the second hearing, Judge Mikush Y.R. accused the owner of failing to question the information from the register of property rights, thus failing to assess the risks. The evidence is audio recordings of court hearings.
After hearing what was said at such court hearings, a rhetorical question arises: Judges of the city. Are ordinary people taken for fools in Lviv? Or maybe it’s the other way around…?
When Sadovyi and Payonkevych learned in February 2023 that their scheme had been exposed, they were scrambling like snakes in a frying pan, as the case was pending before the Supreme Court at the time. In order to avoid responsibility for the exposed crime, Sadovyi needed a Supreme Court ruling in favor of the city council.
And what about the judges of the Supreme Court?
As of February 2023, the case had been pending in the Supreme Court for 1.5 years, as the Supreme Court’s reporting judge, Dundar I.O., suspended the case until another similar case of the Lviv City Council was heard by the Grand Chamber of the Supreme Court.
In December 2022. (published in February 2023) The Grand Chamber considered a similar case of the Lviv City Council and concluded for all other cases that only the owner has the right to file a claim (vindication) for the reclamation of property. In this case, the Grand Chamber returned the property to the bona fide owner.
In view of this development, the owner of the land plot on vul. Zbyrbalnyi was confident that the Supreme Court would return the land to him.
However, in early May 2023, the Supreme Court of Ukraine sided with the city council, leaving the property owner without any compensation.
The Supreme Court of Ukraine deprived a bona fide owner of his property rights contrary to the Grand Chamber’s Resolution on which the case was suspended, contrary to the Protocol to the European Convention on Human Rights and Freedoms, and contrary to the Constitution of Ukraine.
Judge-Rapporteur of the Supreme Court Dundar I.O., making a deliberately illegal decision, obviously lost her common sense and instinct for self-preservation, as she decided to hide behind the prosecutor as an embrasure.
To do this, in April 2023, 1.5 years after the opening of the cassation proceedings, the judge-rapporteur Dundar I.O. made a copy of the cassation appeal on her own initiative and sent it to the Lviv Prosecutor’s Office for a response. To put it in plain language, Judge Dundar I.O., ignoring all the principles of legal proceedings, asked the Lviv Prosecutor’s Office to defend the interests of the city council. As a laughing matter, the presiding judge of the Supreme Court, V. I. Krat, in his dissenting opinion, noted that the prosecutor’s involvement in the case was illegal, but this did not prevent him from signing a resolution that could not be appealed.
The height of cynicism of the Supreme Court judges is the indication that the robbed owner can apply for compensation, but they did not specify to whom and where!!!. Given that the ultimate beneficiaries of the raider scheme are the judges of the Supreme Court, maybe they can be approached for compensation? I would very much like to hear the answer from the mouths of the Supreme Court judges Krat V.I., Dundar I.O., Antonenko N.O., Rusynchuk M.M., Krasnoshchekov E.V. who issued the ruling that legalized the raiding of A.I. Sadovyi.
In the light of the events that happened to the former Chairman of the Supreme Court V. Knyazev, it can be assumed that the necessary decision in favor of A. Sadovyi could have been bought under the guarantees of the then Chairman of the Supreme Court V. Knyazev. Otherwise, how can the judges of the Supreme Court explain that they made a criminal decision and acted, to put it mildly, so unprofessionally and carelessly.
Deputy Prosecutor of Lviv region Druziuk M. contrary to the Law of Ukraine “On the Prosecutor’s Office”, by signing the review, he became an accomplice to the raider scheme and a guarantor for all its participants. It is unclear how the prosecutor was able to familiarize himself with the case file, which has been in the Supreme Court for 1.5 years, and write a review.
Judge Dundar I.O. was obviously looking forward to the appeal from the Lviv Prosecutor’s Office, as the ruling was issued on the day the appeal was received by the Supreme Court.
Just imagine: a person bought property for money without committing any offense, and the Supreme Court took it away without any compensation.
The author of the text is convinced that the courts in Ukraine exist to carve up property and take millions in bribes. I hope that honest judges (I am sure there are some) will not take my words personally, otherwise the HQCJ and the High Council of Justice have all the tools to clean up the judicial system.
That’s it, Sadovyi is robbing the people with the help of judges under the cover of the prosecutor’s office, becoming a customer and creator of corruption. It is not virtuous judges who, by making the necessary decisions for the raider Sadovyi, have turned the method of vindication (a way to protect the owner’s right) into a method of fraudulent appropriation of private property.
The Lviv City Council has more than enough such cases, and in all cases the city council follows the same pattern described above. Many people (legal entities and individuals) suffered and lost their property and money. As proof, I cite the numbers of cases of reclamation of property by the Lviv City Council from the rightful owners: 914/2045/17; 461/12525/15, 461/6787/17, 461/928/17, 914/1578/19, 914/2579/17, 466/2715/15; 461/8999/18; 465/2018/17; 461/3244/20, 461/8205/19. This is not an exhaustive list of cases of reclamation of property from private ownership.
And in each case, the crimes of A. Sadovyi are documented in black and white (regardless of whose favor the court decision is). Another thing is that the anti-corruption authorities do not have the will to investigate Sadovyi’s lawlessness.
The scheme’s whistleblower repeatedly appealed to anti-corruption authorities to open a pre-trial investigation into Sadovyi’s actions, but the application was leaked. And the regional department of the national police in the city of Lviv city council leaks reports of corruption…. Yes, not anywhere else, but to the Lviv City Council to “clarify all the facts and circumstances” as a higher authority. It is unclear for whom the Lviv City Council is a superior body – for the management of the city’s police. Lviv or for a robbed owner?
This disgusting octopus must be pulled out by the roots, otherwise it will devour Ukraine.
Here is a list of persons involved in the theft of property on a particularly large scale from a bona fide owner – an Armed Forces soldier who is defending Ukraine at the front line.
Those who created the scheme:
- Sadovyi A.I. and Payonkevych G.K.
Those who legalized raiding:
Judge of the Zaliznychnyi District Court of Kyiv. Lviv
- Kirilyuk A.I.
Judges of the Lviv Court of Appeal. Lviv:
- Tsiatsiak R.P. (judge-rapporteur), Sheremeta N.O., Vanivskyi O.M.
- Savuliak R.V. (judge-rapporteur), Mikush Y.R. Prykolota T.I.
- Nitkevych (judge-rapporteur), Vanivsky.
Court of the Supreme Court as part of the Civil Court of Cassation:
- presiding judge Krat V.I., Dundar I.O. (reporting judge), Antonenko N.O., Rusynchuk M.M., Krasnoshchekov Y.V.
Those who covered up the raid, becoming a guarantor for all its participants:
- Lviv prosecutor’s office represented by the deputy head of the regional prosecutor’s office – M. Druziuk.
This material was sent anonymously from a reader of the site.
Do you know about new schemes and facts of corruption of Andriy Sadovyi? Write to [email protected].