The authorities ordered the businessman to demolish the cafe building on Tsvetnoy Boulevard in Tyumen

The authorities of the Tyumen region, through the court, ordered the founder of Delver LLC, Mikhail Fateev, to demolish the building located on Tsvetnoy Boulevard. It is known to Tyumen residents as the Central House of Food, which burned down in 2018. The cafe is currently closed. The department won the court with a statement of claim to recognize the object as an unauthorized building and ordered it to be demolished.

As follows from the materials of the case, initially the authorities entered into an agreement with Fateev for the placement of a temporary facility for a limited period, after which the land plot should be vacated from the buildings located on it. 

“The building does not formally belong to the entrepreneur, as it was built on the lands of the regional government. A permit for the construction and commissioning of the facility was not issued to Fateev, since the land lease agreement was initially concluded by the administration of the city of Tyumen for the installation of a temporary structure. Moreover, the plaintiff did not provide the relevant documents in the case materials, ”the court decision says.

The businessman, in turn, tried to challenge the decision and filed a claim for recognition of ownership in order to avoid the demolition of the institution, but the court remained on the side of the property relations department, since the object was erected by the plaintiff on the land without obtaining the necessary permits. Then Fateev asked the bailiffs for a delay. 

“According to Article 324 of the Arbitration Procedure Code of the Russian Federation, in the presence of circumstances that
impede the execution of a judicial act, the arbitration court that issued
the writ of execution, at the request of the exactor, debtor or
bailiff, has the right to defer or extend the execution of the
judicial act, change the method and procedure for its execution. At present
, Delver LLC has filed a
petition with the Arbitration Court of the Tyumen Region to postpone the execution of the decision. The judicial
review of the petition is scheduled for 06/01/2022, ”commented RBC Tyumen in the department of property relations of the Tyumen region.

They also added that they do not plan to engage in independent demolition of the unauthorized building, since the judicial acts that have entered into force are binding. 

The journalist also sent a request to Delver LLC, a response is expected. 

Earlier, Fateev became a defendant in a criminal case about the death of two teenagers at Lesnoy Pond in the summer of 2021. He is accused of providing services that do not meet safety requirements, resulting in the death of two people. The businessman wanted to be released on bail of 4 million rubles, but the court refused him, since the defendants took measures to destroy the traces of the crime with the artificial creation of evidence of innocence.