Moscow judge is to stand trial for assisting real estate crooks
The Moscow Procecutor's Office reported that the former judge of the Ostankino District Court of Moscow will be tried for making a knowingly unlawful decision in favor of a lawyer friend.
According to the investigation, September 2012 a lawyer Dmitry Polyansky asked the Judge Sergey Tartynsky to deliver a judgment in respect of two apartments in Akademik Petrovsky street in Moscow, necessary for the implementation of that fraudulent scheme.
After the death of the owner, these real estate items were to become heirless property (property, the which no one asserts ownership under a bequest or inheritance rights); according to the law, such property would pass into municipal ownership. However, using false documents Polyansky and his accomplices registered both apartments in the name of their friend, who suddenly refused to pass the property, of which he became the owner, to Polyansky.
Then the lawyer drawn up a fictitious loan agreement, according to which the new owner of the apartments owed more than 30 million rubles (the cost of both apartments, which appeared in the agreement as a collateral) to the Polyansky's accomplice Vladimir Stolyarov. It was also stipulated in the agreement, that disputes between the parties should be resolved in the Ostankino District Court, where Tartynsky worked.
As a result, Tartynsky took over a statement of claim with a copy of the fake loan agreement, as well as an application for the seizure of the disputed apartments, violating the established procedure for the first time. After that, he delivered a decision on the acceptance of the claim and impounding of the property.
According to the investigation, Tartynsky did not consider the case on merits, and the decision he rendered was clearly unfair and biased, whereby crooks acquired ownership of heirless property.
Later, the Moscow City Court reversed his judment, and the case was re-considered by the trial court of original jurisdiction; as a result, the illegal decision on the seizure of premises was abolished, and the claim under the fake agreements was dismissed.
Autumn 2014, Polyansky and Stolyarov were sentenced to various terms on charges of swindling; as for Tartynsky, the Moscow Judiciary disqualified him. A year later, a criminal case was initiated against him.
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