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Protection from fraud: lawyers help return illegally sold property

When applying for free legal aid, the resident of the Luhansk region got the chance to bring his property back from the unlawful possession.

In September 2016 Serhiy Kononchuk, the owner of a nonresidential office building, which was illegally sold without his permission, turned to Novoaydarsky office of Legal Development Network. Serhiy explained that he had never used the building for a long time, and since it was empty, a year ago he allowed his friend to borrow it. In August he found a suitable tenant and agreed to sign a contract with him to use the space for offices. Turning to the Department of Justice for an extract from the Unified State Register of Rights to Immovable Property, he found that his friend had sold the building to another person. Serhiy provided the documents of title and extract from the Registry.

Lawyer of the NGO "Public Legal Aid" Tatiana Ganshyna examined the documents and concluded that the building, which belonged to Kononchuk, was illegally alienated by his friend under the contract of sale. At the same time, the lawyer showed signs of a criminal offence in the actions of the "seller" under article 190 of the Criminal Code of Ukraine ("Fraud").

The lawyer advised the man to contact law enforcement to file a complaint about the commission in respect of his crimes and in court with the claim about reclamation of property from unlawful possession in accordance with the requirements of the Civil Code of Ukraine. Tatiana Ganshya also helped Serhiy make relevant statements.

Now the case is pending in court at the suit of the Prosecutor's Office. According to forecasts of the lawyers, the matter will be resolved in favor of Serhiy.

*Names are changed for ethical reasons.

P.S. The Legal Development Network offices are created and work with financial support of“Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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