The Prosecutor General's Office of the Russian Federation, acting in the interests of the Russian Federation, recovered the Krylatskoye velodrome, built for the 1980 Olympic Games, from the unlawful possession of SCP Krylatskoye, a joint-stock company.
Last week, title passed to the Russian Federation.
The arguments of the Prosecutor General's Office:
• The properties were built with federal funds.
• There was no legal act transferring these properties into the ownership of the trade unions.
• Order of the Moscow Government No. 1464-rp of 1992 is not a document of title.
• The registration of ownership in the name of the Moscow Federation of Trade Unions (MFP), and the subsequent contribution to SCP Krylatskoye, a joint-stock company, were made on a defective legal basis.
The court's position:
• It was confirmed that the properties are federal property.
• It was held that the defendant has no lawful basis for possession.
• The court pointed to the absence of any will on the part of the state to transfer the property into private or trade-union ownership.
In disputes of this kind, the origin of the property is the decisive factor. If it was created with state funds, especially in the Soviet period, and there is no proper act transferring it into ownership, there is a high likelihood that it will be recovered for the Russian Federation.
When buying such properties, or registering title to them, it is critical to check:
• the grounds on which the seller's right arose (not merely the Unified State Register of Real Estate (EGRN), but the original documents);
• whether there is a legal act transferring the property from the state;
• the history of possession (especially if trade unions, the All-Union Central Council of Trade Unions (VTsSPS) or state funds appear in it).
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