Private owners may lose their historic mansions in Moscow

Historic mansion in the heart of Moscow, on Lubyanka, the firm may lose "Kars". In 2008, the Federal Property Management Agency has tried to challenge her right to the famous house of Orlov-Denisov XVIII century, but lost the case. However, now the capital arbitrage has shown unexpected loyalty to the feds, by changing its own decision three years ago. As it became known to RBC daily, in February, Federal Property Management Agency failed to prove their right to farm, located next to the main office of the FSB. February 2 Moscow Arbitration Court, the suit you the Federal Agency for State Property Management (Rosimushchestvo) to recognize the right of ownership of the Russian Federation on the building with total area of ​​1.73 thousand sq. km. m, located at ul. Bolshaya Lubyanka, 14, p. 3. Defendants in the lawsuit were LLC "Kars" and JSC "Esida-M". The first company to the February court decision stood the owner of the historic mansion, the second - his former owner. Seven years ago, in February 2004, "Esida-M" got home Orlov-Denisov on sale of assets bankrotyasche-Guoxiang Inkombank, and in November the same year, sold it, "Kars" for 17.055 million rubles. The house was planned to create an art gallery. The owner promised the government of Moscow until the end of 2009 to a historic mansion complex-relativistic re-montno and restoration work. The corresponding obligation Guard "Kars" signed with the first Heritage Committee in 2005, and in November 2007. Representatives of the "Kars" note that project-nye and surveys cost the company more than 5 million rubles. However, four years after the deal the federal government decided to reclaim their rights to the monument. In 2008, the Federal Property Management Agency asked the Moscow Arbitration with a claim for demanding home Orlov-Denisov from the company "Kars". Their rights to the mansion feds argued, referring to the Supreme Soviet of the Russian Federation of December 27, 1991 № 3020-1 «On the Division of State Property in the Russian Federation ..." and Presidential Decree of February 20, 1995 № 176 "On approving the list of historical and cultural heritage of the federal (national) purposes. " They gave the house Orlov-Denisov status of a monument of federal importance, securing the rights to it for Russia, according to court documents. The Moscow Arbitration Court and the Federal Arbitration Court of Moscow District dismissed the claim, the Feds due to the fact that in November 1996, the Moscow city government has given the federal memorial to the ownership of Inkombank, receiving in return another building, and in September 1999, the Russian government has fixed the right to the disputed monument for Moscow. In 2008-2009, capital arbitrage and FAS MOD considered legitimate barter, as "a proper follow-affirmed the right of the owner of the Federation to dispose of this object." But the new, the February verdict of the Moscow Arbitration does not take into account previous decisions, and the "Kars" is trying to challenge it. In the company are wondering why the same court decided three years later to return to action on the estate on the Big Lubyanka. At the same time the building was under the gun and the Moscow authorities, supported by Rosokhrankultura decided to select a historical object. The motive for this was failure to comply with security obligations, and timing of restoration of the mansion, which had been frozen, according to the company, because of protracted litigation. In September 2009 the Tribunal granted the petition for exemption Rosokhrankultura monument from the owner, who in November of that year, tried in court to nullify the act of guarding and undertaking the technical condition of the building, but the court on his side did not get up. Meanwhile, "Kars" plans to continue the restoration of the disputed house. February 9, 2011 the company received a bank guarantee for 3 million francs porter-ray to overhaul and re-stavratsionnye work in a building on Bolshaya Lubyanka. The warranty is valid until January 31, 2013 (document available to RBC daily). The story around the estate on the Big Lubyanka one of many, when the federal government trying to take the historic buildings from private owners. Even when Yuri Luzhkov attack feds have experienced owner defunct perfumery network "Arbat Prestige" Vladimir Nekrasov, defending the right to a mansion built in 1917, and a restaurant of Arkady Rotenberg, "Gusyatnikoff", located in Manor Krestovnikovs XVIII-XIX centuries. Source of the problem, comment on lawyers known: ownership of monuments in the capital since 2002, remain subject to dispute and bargaining between Moscow and the federal government. In October 2009, Vladimir Putin signed a decree on section 272 sites, according to which the Russian Federation had secured 178 facilities. Now in Moscow 5.61 thousand objects of cultural heritage, of which 2.69 thousand federal and 2.92 thousand regional. In addition, the experts found 1.83 thousand objects of cultural heritage, and 1.318 thousand declared for arming. According to "Kommersant" newspaper, to fly officials intend to decide the fate of another 290 disputed buildings. "Kars" has a chance to protect the rights of ownership of the house Orlov-Denisov, says managing partner at the law office "Padva and Epstein," Simon Epstein: "If the higher courts will be guided by federal law, the Federal Property Management Agency will be denied." The lawyer, trump card, "Kars" is a prejudicial decision of the Moscow Arbitration, adopted in 2008. "In the beginning of the XVII century, this is where the yard and the house of Prince DM In Zharskiy "In the beginning of the XVII century, this is where the yard and the house of Prince DM In Zharskiy, which in 1611 was Zaraisk warlord and a leader of the First Guard. The existing building retains the walls of the first half of XVII century. It is very likely that it includes a chamber built Pozharsky for his family. In 1812 the house belonged to the Governor-General Count FW Rostopchin. Rostopchin headed the Moscow militia and the evacuation of the values ​​of the city. From the balcony of the house on Bolshaya Lubyanka, 14, on the date of the French Rostopchin Moscow ordered the execution of the Distribution of French merchant's son appeals Vereshchagin, this scene is described by LN Tolstoy in "War and Peace." According to legend Rostopchin turned his house the headquarters of the defense of Moscow, it is believed that it was brought here wounded by General Pyotr Bagration and in this house Earl Rostopchin received a telegram, which said the decision to hand over to Moscow to Napoleon. In 1842, bought a house general and hero of the Patriotic War of 1812, Count Orlov-Denisov. House under his name on a document of protection (home Orlov-Denisov).