The transaction under the contract of sale of a land plot turned into an accusation of fraud and criminal prosecution for a developer from Moscow Region. The reason and the basis for the initiation of a criminal case was the statement of the seller of the plot about unfair, in his opinion, the actions of counterparties and the company's failure to fulfill obligations.

In 2014, at the expense of borrowed funds of the bank, a construction company purchased from a group of individuals a land plot for low-rise construction in the Istra city district. The total value of the transaction was more than 500 million rubles, and, according to the concluded contract, payment was made in stages.

From the materials of the appeal, it is seen that the dispute arose as a result of the seller's failure to fulfill the obligations assumed, which entailed the buyer's failure to fulfill obligations. The fact that there is a civil dispute between the parties is also confirmed by the fact that during the procedural (pre-investigation) inspection by the police, a decision was repeatedly made to refuse to initiate criminal proceedings in connection with this circumstance.

However, in 2018, a criminal case was initiated against the management of the construction company on the grounds of a crime under Part 4 of Article 159 of the Criminal Code of the Russian Federation. In addition, by the decision of the Arbitration Court of Moscow, the developer was declared bankrupt, and bankruptcy proceedings were opened.

"There is a groundless transfer of civil law relations to the criminal legal plane, obstruction of business activities and arbitration proceedings through the arrest of a disputed land plot in a criminal case controlled by the victim, which has no judicial perspective due to the absence of signs of any crime. At the same time, despite the evidence of what happened, the incrimination of a single episode, the absence of any complexity, criminal prosecution has been conducted for three years", - the applicant indicated in her appeal to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region.

Having studied the arguments of the entrepreneur, Vladimir Golovnev submitted the consideration of this appeal to a joint reception with the prosecutor of the Moscow Region. Following the results of the prosecutor's inspection of the investigation of the criminal case, in connection with the revealed violations of the criminal procedure legislation, including red tape, the head of the Main Investigation Department of the Ministry of Internal Affairs of Russia in the Moscow Region submitted a request of the prosecutor's office.

Criminal prosecution against the management of the construction company was terminated on the basis of paragraph 2 of Part 1 of Article 24 of the Criminal  Procedure Code of the Russian Federation, due to the absence in their actions of the corpus delicti provided for in Part 4 of Article 159 of the Criminal Code of the Russian Federation.