Аннотация: Towards the Moon. The state provides compensation for the damage caused. A diary note.
Towards the Moon. The state provides compensation for the damage caused. A diary note.
For almost three years I have been deprived of the right to own the object of a real estate.
Oddly enough, I found out about this from a tax notice.
The tax notice I received in October 2021 was missing one of the lines.
The object "disappeared"!
Naturally, if the object "disappeared" from the tax base, then the tax is not paid.
In general, the situation is alarming. The tax interests of the state are in danger.
I am a responsible citizen. I immediately report the current situation to the Interregional Tax Inspectorate, to the Office of the Federal Tax Service of Russia for the Rostov Oblast, to the Federal Tax Service of the Russian Federation (Moscow).
They calmly answer me that since the corresponding object is not in the EGRN [the Unified State Register of Real Estate], this object is not taken into account as an object of taxation. How then to calculate the tax and pay it in full?
I'm amazed!!
The object is gone!
Tax not paid!
According to my unqualified calculations (I am not a full-time employee of the Federal Tax Service of the Russian Federation and do not receive salaries there), the tax underpayment is about 6,000 (six thousand) rubles.
How so!? Nobody cares!
But there are a wise people in the Ministry of Finance of the Russian Federation!
These wise people, for example, take care of the Russian gold and foreign exchange reserves.
Probably, they, also, took some part in the story with the debts and bonds of Rosnano. That's my guess.
I am writing to the Ministry of Finance of the Russian Federation.
Four applications!
It is useful to focus on a particular topic.
I gradually understand that the Russian Federation has deprived me of my property. Naturally, someone (a specific person) took the initiative - this is understandable. But an individual cannot deprive me of my right for object of property - he does not have professional access to the EGRN.
Yes, the deprivation of my ownership right is an indisputable fact, which is confirmed by the text of the answers sent to me from the Interregional Tax Inspectorate, from the Office of the Federal Tax Service of Russia for the Rostov Region, from the Federal Tax Service of the Russian Federation (Moscow).
So, the state (Russian Federation) deprived me of the right of ownership on the object of real estate. Therefore, I am entitled to compensation.
I am gradually deviating a little from the topic of infringing on the tax interests of the state - there are responsible persons besides me who can take care of them!
I prioritize getting my compensation.
I ask the Ministry of Finance of the Russian Federation to pay me compensation.
The Ministry of Finance of the Russian Federation is being cautious - is the object of real estate really missing from the EGRN?
My applications are sent to the system of the Ministry of Economy of the Russian Federation, to the Rosreestr system.
The Rosreestr is looking into the situation...
Yes everything is correct! I don't have that right for this object of real estate! I owned this object, and in 2019 my right 'disappeared'.
Thus, I am reflecting correctly?
Does that mean I'm entitled to compensation?
However, not all so simple.
In the response from the Rosreestr system, I am informed that if I collect the necessary documents, if I submit them for a (new) registration of a (new) property right, then in this case I will have a chance to (again) become the owner of the property. The owner of what the object?
The object that I acquired under a voluntary transaction?
Many different people "came together" around this object ... What persons are not here ... And for some reason, after two court decisions, they again want to make me a kind of owner! "You may to enjoy!"
I don't like this situation...
It's also good that I didn't disappear anywhere from 2019 to the present - who would have figured out this confusing situation with the 'disappeared' property right?
No one was worried about, before my applications, which I started sending in October 2021...
In general, the answer from the Rosreestr system does not suit me.
Moreover, Rosreestr has no right to either pay compensation or protect the tax interests of the state.
I again apply (with the fourth application) to the Ministry of Finance of the Russian Federation. Pay me legal and fair compensation.
Here is the answer. April 22, 2022 number 03-05-06-01/36321. Signed by the Deputy Director of the Tax Policy Department of the Ministry of Finance of the Russian Federation.
Surely, if this is a tax policy department, then the answer will begin with the question of the 'disappearance' of a property object from the tax base, with the question of underpayment of tax, a tax paid by owners of real estate objects.
Seeking...
I don't find anything, regarding this theme...
It's strange! Is this really a small question!?
Very strange for a high-level government official...
But I am a simple taxpayer, a simple citizen. I need to think more about my personal interests. And not about the tax interests of the state.
Perhaps, in some particular cases, they need to be recalled and analized less? ..
So what about compensation?
In the issue of compensation, one of the important, fundamental questions is whether a citizen can be deprived of the right to property - outside the cases established by law.
I find the Civil Code on the Internet. I'm reading. 'Forcible seizure of property from the owner is not allowed, except in cases ...' (hereinafter - the list of cases). (Civil Code of the Russian Federation Article 235. Grounds for termination of ownership)
There was no penalty, no wrongful possession, no seizure of land, no redemption of cultural property, no requisition, no confiscation, no 'other cases', no seizure in case of corruption...
So... it's clear to me...
Is this clear to the Ministry of Finance?
The Ministry of Finance explains to me that it must execute judicial acts. The Ministry did not receive a writ of execution.
Actually, I am not against the execution of judicial acts - if the state needs judicial acts, then what prevents it from obtaining these judicial acts? It is a state! He has all the powers! And who am I? I am a person who unexpectedly discovered that he was deprived of his property rights, and rejoices that nothing has happened to him (to me) from 2019 to the present.
So, I am not against a judicial act - if the state needs one. The state has all the powers...
I do not receive a salary from the state - so I am deprived of the opportunity to enjoy the study of all the nuances of law enforcement.
However, as a simple consumer of media products, I am constantly informed about various people who have suffered damage - and not in all reported cases, this damage was caused by the Russian Federation.
Decisions are made immediately in an administrative manner and the Ministry of Finance (or other authorized bodies) is paying. Billions! Without any recourse to the court! For lost property - in particular.
Why are billions of rubles easily broadcast to various kinds of people - and I cannot receive compensation in a case that has been studied in detail and which has gone through many instances?...
Somewhere in the depths I have a temptation ...
Why am I wasting my time sending applications?
What if I will sue the Russian Federation?
I draw a good picture for myself.
I am filing a lawsuit, I am writing a petition for a deferral of payment of state duty.
The court may return the claim to me for (in favour of) the correcting the deficiencies. But I do not give up, I correct the shortcomings. I am filing a lawsuit again. The claim has been accepted. The date for the first court session has been set.
The court session opens. The Secretary informs about the response received from the Ministry of Finance of the Russian Federation.
Not!!! This is not a response! This is an acknowledgment of the claim! That is, no trial is needed. The defendant admitted the claim! Hooray! It remains to receive a decision and a writ of execution! (True, as a high-ranking official from the Ministry of Finance writes, this writ of execution still needs to be submitted in the 'established procedure' ... And this 'established procedure' is not an easy thing ... so as not to lose balance somewhere and not to fall down ...).
The happy applicant, staggering from unexpected positive emotions ('everything ended in one court session!'), Walks down the street.
But I am reading the answer from the Ministry of Finance of the Russian Federation further.
'... an executive document in connection with the 'loss' of the right of ownership to your real estate object has not been submitted to the Ministry of Finance of Russia in the prescribed manner.'
Somehow confuses me: the word "loss" - it taken in quotation marks. What if there is no loss? What if I was misled?
But if there is no loss, then why is there no tax? Why did the line in the tax notice "disappear"?
Oh oh oh!!!
I am reading further.
"In this regard, there are no grounds for paying you compensation."
Here I was completely upset and rushed to search through the search engine for the official text of the Constitution of the Russian Federation.
If I was deprived of the right to property without the grounds provided for by the Civil Code of the Russian Federation, then what does the Constitution say?
Article 52 of the Constitution of the Russian Federation: "The state provides ... compensation for the damage caused."
So where is the compensation?
Apparently, it is necessary to abandon attempts to appeal to the Ministry of Finance of the Russian Federation and turn to the Government.
The Ministry of Finance is now busy with gold and foreign exchange reserves... Yes, and Rusnano - it is an organization, as some people say, unprofitable...
Hope - for the Government of the Russian Federation.
Moreover, the Government of the Russian Federation "is taking measures to ... protect ownership" (Article 114 of the Constitution of the Russian Federation).
[MMCDXXXIV. Towards the Moon. I pay taxes. A diary note. - October 18, 2021.
MMCDXXXV. Towards the Moon. I'm concerned. I would like to pay the unpaid tax. A diary note. - October 18, 2021.
MMCDXLV. Towards the Moon. By the Front Door. A diary note. - October 22, 2021.
MMCDXLVI. Towards the Moon. While listening to the Valdai Speech. A diary note. - October 23, 2021.
MMCDLXXIII. Towards the Moon. While reading the G20 ROME LEADERS' DECLARATION. A diary note. - November 1, 2021.
MMDXXXIV. Towards the Moon. The recovery in the tax base is approaching. A diary note. - November 26, 2021.
MMDXXXV. Towards the Moon. A non-payment of tax (in full) and a tax secrecy. A diary note. - November 26, 2021.
MMDXLIII. Towards the Moon. The amount of unpaid tax is being specified. A diary note. - November 30, 2021.
MMDCXVI. Towards the Moon. Unpaid (in full) taxes and trips to the taiga. A diary note. - December 24, 2021.
MMDCXVIII. Towards the Moon. Mirrors of replies. A diary note. - December 25, 2021.
MMDCXIX. Toward the Moon. A state official. And an intermediary broker. A diary note. -December 25, 2021.
MMDCXXIV. Toward the Moon. The Ministry of Finance and the tax interests of the state. A diary note. - December 26, 2021.
MMDCXXVII. Toward the Moon. A letter from the Federal Tax Service of the Russian Federation (Moscow). A diary note. - December 27, 2021.
MMDCLXXXVIII. Towards the Moon. The application was sent by affiliation. A diary note. - January 14, 2022.
MMDCCLXII. Towards the Moon. "Conversation of the Mute with the Deaf" (at the Russial Foreign Ministry) or Whether the Rostov Oblast is under the sovereignty of the Russian Federation. A diary note. - February 10, 2022.
MMDCCLXV. Towards the Moon. Reflections before the applying to the Council of Ministers of the Russian Federation. A diary note. - February 11, 2022.
MMDCCLXX. Towards the Moon. The optimal variant of the address to the Council of Ministers of the Russian Federation. A diary note. - February 14, 2022.
MMDCCLXXII. Towards the Moon. A compensation for the termination of my property rights by the state. A diary note. - February 15, 2022.
MMDCCLXXIV. Towards the Moon. An application has been sent to the Ministry of Finance of the Russian Federation for compensation and for protection of the tax interests of the state. A diary note. - February 16, 2022.].
MMDCCCXXVII. Towards the Moon. Keyboard and email. A diary note. - March 16, 2022.
MMDCCCXXVIII. Towards the Moon. The appeal has been redirected, the application has been registered. A diary note. - March 16, 2022.
MMDCCCXXIX. Towards the Moon. The 3rd application to the RF Ministry of Finance is ready to be sent. A diary note. - March 17, 2022.
MMDCCCXLI. Towards the Moon. The creative potential of Vasily Nebenzya encourages reflection. The note. - March 24, 2022.].
MMDCCCLXIII. A government report, a government spending on tourism (and revenues), a real estate compensation. The note. - April 5, 2022.
MMDCCCLXX. Towards the Moon. Sicilian specialists and the Constitution. A diary note. - April 9, 2022.
MMDCCCLXXI. A request for the clarification. A diary note. - April 9, 2022.
MMDCCCLXXII. On urgent actions in connection with the termination of ownership. A diary note. - April 9, 2022.
2906. Possible default of the Russian Federation and my fourth application to the Ministry of Finance of the Russian Federation. Diary note. - April 11, 2022.
MMDCCCLXXVII. Towards the Moon. The 4rd application to the RF Ministry of Finance was sent to Moscow. A diary note. - April 11, 2022.].
April 27, 2022 12:04
Translation from Russian into English: April 27, 2022 13:26.
Владимир Владимирович Залесский 'К Луне. Государство обеспечивает компенсацию причиненного ущерба. Дневниковая заметка'.
{ 2941. К Луне. Государство обеспечивает компенсацию причиненного ущерба. Дневниковая заметка.
MMCMXI. Towards the Moon. The state provides compensation for the damage caused. A diary note. }