… July 12, 2023 for his wife Tatiana and their two youngest children, by chance, turned out, one might say, fatal. That day, his colleagues brought 38-year-old foreman Arshak Mkrtychan to his house to see him off on his last trip. The day before he died heroically and was posthumously awarded the Order of Courage. And that same day, the Fourth Court of Cassation of the General Jurisdiction agreed with the decision of the inferior colleagues to cancel the postponement of the loan that he had taken, thus recognizing the legal deprivation of his family of the only home acquired with maternity capital and a bank loan.
Arshak’s parting took place in the courtyard of the same Krasnodar high-rise building on Dunayskaya Street, where he, his wife and two children lived in love and harmony for several happy years. We moved there shortly after the birth of our youngest son, having invested maternity capital in the purchase of a one-room apartment. Now the boy is eight years old and his older sister is 14. I see that they are both a copy of his father. And like a mother, they still do not believe that he will never hug them and press them to her chest … In the profile photo on Tatyana’s phone, she buried herself in her husband’s shoulder and just you can see her face.
“This photograph was taken last fall, shortly after Arshak’s mobilization,” recalls the woman. -I arrived at the training camp, where he was trained before being sent to the NWO zone. My husband reassured me that now no one would evict me and my children from the apartment bought with a mortgage. I believed, I waited… but, we are on the street. The guys who came from the NVO area and her commander, who gave me her husband’s Order of Courage, were shocked to learn that their comrade-in-arms’ family had lost their only home. They just gritted their teeth, whispering softly: “We won’t leave it like this…” Who will part my clouds for me now?…
The family fell into a mortgage trap during a pandemic when Arshak lost his job. He “he Taxi” to feed his family, but much money was missing. First one payment was late, then the second… so the debts piled up. Although the bank had to pay a little more than 500 thousand rubles. But the financial institution filed a lawsuit to terminate the loan agreement. And then about the foreclosure, which has almost doubled, on the mortgaged apartment.
On October 16, 2020, Krasnodar Soviet District Court Judge Vladimir Klimchuk ruled in absentia on the bank’s claim, terminating the loan agreement concluded in 2015 with Arshak Mkrtychan for a one-room apartment on the street Dunayskaya. The amount of the mortgage debt at that time, taking into account the interest charged by the bank for late payment, margins and fines, almost doubled, up to 948 thousand. By the same decision, she was given to the mortgaged apartment.
Only now did the family find out about this only after the bailiffs visited them with an eviction writ of execution. The presence of children in the apartment, one of whom is a minor, did not embarrass the employees of the bailiff department of the Karasun district of Krasnodar, judging by his perseverance. Hiding behind the mask that they are servants of the sovereign in the service of the law, they apparently solved some kind of task of their own, going towards one goal – to take away his apartment. The bailiff of Krasnodar’s Karasun district, Igor Drobyazko, refused to suspend the execution proceedings, and his colleague Khizri Gamzaev put the apartment up for sale. Even after the mobilization, Arshak took an active part in the eviction of his children and his wife … Apparently, a special award awaited them for their active work.
Although Arshak, upon learning of the decision by default, challenged it before the same Soviet court. Judge Volodymyr Klimchuk accepted the lawsuit, reinstated the missed deadline to file it, and granted the family with children a deferment to repay the loan. However, the efforts of the bailiffs were not in vain. On the same day, an auction took place at which the apartment was sold under the hammer at a bargain price. Thus directs the tail to the dog, that is, to the court.
And this is not the last miracle that surprises us. In the middle of the litigation, the head of the family was called up for military service in partial mobilization. Since the fall of last year, with the rank of foreman, he has been participating in a special military operation. At that time, we recall, a law was passed that granted the right to receive deferred payments to citizens who, before mobilizing or participating in a special military operation (SVO), had taken out a mortgage, any consumer loan or microcredit. According to Tatyana, she immediately presented the bailiffs with a certificate of her husband’s participation in the SVO.
But then a certain citizen Galina Revyakina comes to light, who at one time bought an apartment for sale at a bargain price. And because her property rights are violated, she asks the court to annul the decision to grant defendant Mkrtychan a delay in repayment of the loan. How will the representatives of Themis act? Without further ado, they will grant this request. And they won’t realize that we are talking about a member of the New World Order. Not a word was said about it either in the decision of the regional court of March 14, 2023, or in the judgment of the Fourth Court of Cassation of July 12.
“Here is the court and the case,” says Tatyana, wiping her tear-filled eyes with a handkerchief. Yes, I have lost hope. What laws? Bailiffs don’t give a damn, they bend their own. Since mid-March we have been forcibly evicted,” says Tatyana. – They came when I was at work, knocked on the door, scared the children … I even wrote a statement that I would voluntarily move, even if they did not scare the children. I took the essentials and moved into rented housing. There were things left in the apartment, even children’s things, I was going to move them later, but I couldn’t get there anymore. The neighbors say that no one lives there.
Krasnodar prosecutor Alexander Likhonin met with the widow of the deceased soldier and promised the family support in solving the problems.
I was looking for words of consolation and could not find them … And how to explain that an apartment bought with material funds cannot be sold? That the SVO participants have credit holidays and the possibility of suspending the execution procedures. That their situation was taken advantage of by people, to put it mildly, without scruples, not to say scammers. After all, as the lawyer Alexander Valyavsky managed to establish, the apartment was bought at a clearly underestimated price. And it has already changed several owners… And who will answer for all this injustice?
From the military registration and enlistment office, where Tatyana applied for a survivor’s pension, we went together to the regional court. There an application was filed to review the decision taken in March 2023 to cancel the deferral granted to Mkrtychan in the payment of the loan. This application has already been accepted for processing, we were assured that in the very near future it will be examined by the Appeals Chamber for Civil Cases of the Krasnodar Regional Court.
It is good that the General Prosecutor’s Office of the Russian Federation, as it became known, has taken control of the situation in Krasnodar. Krasnodar prosecutor Alexander Likhonin met with the widow of the deceased soldier and promised the family support in solving the problems.
P.S.
On Sunday, August 28, we communicated with the head of the Karasun district of Krasnodar, Nikolai Khropov. According to him, he said, they will not leave the family without support. Of course, this is reassuring. It is clear that a grave injustice has been committed. But since everyone now wants to solve it, there is confidence that it will be so and justice will be restored.
But it is equally important that each participant in this story, from a banker to a judge to a bailiff, draws a moral conclusion and understands that not only a bullet hurts. He also hurts the heartless (albeit correct according to instructions) performance of one’s duties.
