Part І
War Makes Some People Rich
Tens of thousands of Ukraine’s citizens have become victims of a full war in Ukraine. Our life, peace and future of our children are in danger.
Wars of modernity are not always waged in real life; more and more efficient undermining activities are carried our in the information field. It is not obligatory for a modern enemy to be armed with a real gun; he has up-to-date information weapon – mass-media and social networks. An enemy purposefully manipulates social consciousness in order to create political tense and chaos; an enemy purposely destabilizes relations provoking conflicts, mistrust, suspiciousness, etc. In such a way it is easy to misappropriate property. The main task of such a confrontation is to manipulate people in order to misinform them, to weaken some opinions and principles, to terrify our people.
At this very time, when Eastern Ukraine is suffering from illegal military invasion, and our soldiers are dying, in the south the pseudo-protectors of “miserable peasants” – the All-Ukrainian Public Organization “All-Ukrainian Labour Movement – Solidarity” (hereinafter referred to as AUPO AULMS) uses information terrorism to misinform citizens and destabilize situation in Lidiyivka village of Mykolayiv region, spreading false information about Oleksiy Vadaturskyy and NIBULON Ltd. through the Internet.
To spread distrust among the inhabitants, to quarrel brothers (for easier manipulation) only in one village for now, but today’s full war has also started with futile unthreatening actions of “fighters for justice”. Due to these circumstances it is very difficult to hyperbolize any danger. Everything is possible in the information war.
Today, when all conscious citizens of Ukraine must unite their energy and do what they could to help to achieve calmness and peace in Ukraine by example of Oleksiy Vadaturskyy who provides financial assistance to the Armed Forces and National Guard of Ukraine and supports settlers, the members of AUPO AULMS disorientate and misinform people about real state of affairs. They do it “in light literary form” as Viktor Nesterenko, a member of this organization, wrote on Facebook. Thus, playing and publishing posts in social networks, modern information saboteurs break people’s fate, drive villagers into hopelessness in order to earn easy money.
The series of “loud” stories “with serious documentary evidences” (V. Nesterenko Facebook), turning out to be groundless delirium, have appeared on the information resource of the given organization on May, 2014. Thus, at this important for the country moment, when real (not false) patriots have united to protect Ukraine, AUPO AULMS has started “heroic struggle” against patriotic citizen of Ukraine Oleksiy Vadaturskyy and NIBULON Ltd. team who also supports unity and territorial integrity of Ukraine and European vector of development.
We should tell more about the All-Ukrainian Public Organization “All-Ukrainian Labour Movement – Solidarity”. Under the high-sounding title there is a small organization with dubious reputation that has only three branches in Kyiv, Vinnytsya and Mykolayiv regions. Their official website specifies branches only in Kyiv and Mykolayiv regions. It is easy to guess that the branch in Mykolayiv region was created to perform undermining information activities in Lidiyivka village. The question is what the branch of Kyiv region is engaged in. Have all land problems been solved in Kyiv region, where prices for real estate and land are one of the highest? Have the rights of all people been protected? No, they have not; this organization is not interested in problems of average people. All their activity is concentrated on search for new information technologies to influence Lidiyivka people’s consciousness who, by the way, have got to the bottom of Kyiv political strategists and discovered who was who. They have already turned different “fighters for their broken rights” out of the village. Who is to profit by destabilizing situation in Lidiyivka village? Who finances this project?
The members of the organization have “absolutely spotless reputation”. Head of Mykolayiv branch is Semen Lutsenko. His results of “struggle for rights of the miserable” are impressive! In April-May 2005 S. Lutsenko provoked 31 employees of RE “Lidiyivs’ke” to strike illegally: absence from work, neglect of duty, preventing of agricultural machinery from performing spring field works. Domanivka court considered the strike to be illegal. The company refused to recover damages caused by the “strikers”. This was testified by a Peace Agreement approved by the court (May 2006). During that period Mr. Lutsenko spread information about Oleksiy Vadaturskyy which unreliability was approved by the court.
In July 2007 S. Lutsenko’s wife, Galyna, sent Oleksiy Vadaturskyy a letter containing threats and white powder of unknown origin. The law enforcement agencies qualified these actions as disorderly conduct and instituted administrative proceeding against Lutsenko. It is obviously that the actions of wife and husband were agreed.
In September 2010 S. Lutsenko with participation of the All-Ukrainian Public Organization “Cooperation and Success” (headed by V.O. Kobzar) again provoked Lidiyivka people to strike illegally, spread provocative leaflets, initiated mass meetings. But the inhabitants did not support provocative actions and addressed the court to prohibit meetings in the territory of Domanivka town and Lidiyivka village. Mykolayiv district administrative court issued an appropriate order.
In October 2010 Semen Lutsenko and Vitaliy Kobzar, a head of the All-Ukrainian Organization “Cooperation and Success”, spread false information about NIBULON Ltd. at the conference. In December 2011 the trial court and the court of appeal declared this information to be false, and V. Kobzar recovered compensation for moral injury.
In order to increase the efficiency of his activity, Semen Lutsenko entered “Party of Regions”.
In November 2012 Mr. Lutsenko with participation of the All-Ukrainian Public Organization “All-Ukrainian Labour Movement – Solidarity” that was headed by late Viktor Gorobchuk initiated mass meetings. And again people did not support provocative actions of S. Lutsenko, and the court prohibited meetings in the territory of Lidiyivka village by request of the inhabitants.
Mr. Lutsenko started his “heroic struggle” with sending Lidiyivka people to meeting in Kyiv city with participation of the Churkins, notorious owners of PJSC “Chernomorskyy Shipyard” in Mykoalyiv city, in 2005. In 2010 Lutsenko met with the above mentioned V. Kobzar. But when it came clear that blackmail was useless, they wanted money – at first, USD 150 thousand and then EUR 960 thousand to refuse from their requirements. Not receiving any profit, in 2012 S. Lutsenko joined another structure – the All-Ukrainian Public Organization “All-Ukrainian Labour Movement – Solidarity” and even created its branch in Lidiyivka village. It is a presentable company, isn’t it?
But such a company is not a coincidence, according to Lidiyivka people, Lutsenko’s old friend, Viktor Nesterenko, is searching for team-mates for Lutsenko. In addition to this, Mr. Nesterenko creates “masterpieces of literary form” to depict an enemy image in the person of Oleksiy Vadaturskyy and NIBULON Ltd. team in order to frighten the inhabitants and create hostility.
In brief, the contents of these “highly artistic and witty” works are the following:
–    if you are against Crimea annexation, you are an enemy;
–   if you call on Ukraine’s citizens to unite in order to save peace and stability in the country, you are also an enemy;
–    if you express your civil patriotic position, you are an enemy again;
–    if you legally (approved by different methods provided by the law) till leased agricultural land, you are an enemy;
–    if you invest in Ukraine’s economy even in such a difficult situation, you are an enemy;
–    if you invest in the agriculture development and finance different social projects for Ukraine’s citizens, you are an enemy!
Otherwise, anything you and your team do, you are still enemies of Ukraine!
Unfortunately, this information distortion technology is well-known to every Ukrainian. Due to such propagandists, today most citizens of the neighbouring country are sure that Ukraine as a country does not exist any more, Ukrainians are fascists, and we dream to live in another country. But if the external enemy is known to us, and we can take appropriate measures; the inner enemy, covering himself with a mask of “strugglers for rights of the miserable”, is much more dangerous: you do not suspect him, and, probably, believe him. And he, using your trust, betrays you, your compatriots, and your country.
NIBULON Ltd., despite difficult political, economic and social situation in the country, continues to invest considerable funds in the development of production and social programs of this village. Thus:
–    rental payment for land has comprised UAH 1.59 million in 2013-2014 alone, and since 2006 the amount of payments to the local budget has comprised UAH 4.75 million;
–    annually, 187 citizens, the former members of the collective farm “Lidiyivskyy”, additionally receive social payments from the company that is equivalent to 4 % of the normative  pecuniary valuation of land. Last year the total amount of social payments comprised UAH 880 thousand. Generally, from 1999 to 2013 the total amount of such payments was UAH 5.7 million and, taking into consideration the amount of social payments to be paid to the given citizens in 2014, the total amount of such payments will comprise almost UAH 6.6 million;
–    the company has invested more than UAH 270 thousand in other social projects of the local community for the past three years;
–  NIBULON Ltd. considerable investment contributed to the increase of the cost of capital funds. If in 1996 they cost not more than UAH 555,658, and at present they cost almost UAH 53.7 million;
–    in 2011-2013 alone the wage fund was more than UAH 19 million. In the near future the wage level will be increased considerably.
It is only one (!) branch and, totally, NIBULON Ltd. has 43 production branches in 12 regions of Ukraine!
And while NIBULON Ltd. patriotic employees headed by Oleksiy Vadaturskyy are working to improve the village, city, region and country, demonstrating real results of their activity to be told about proudly, the pseudo-strugglers betray their country for the sake of own enrichment. They betray and sell Ukraine and compatriots “in light literary form”.
 
Part ІІ
De lege lata*
(*in terms of law in force)
NIBULON Ltd, the successful leading agricultural company, would not be able to exist for such a long time (more than 22 years) without strict compliance with Ukraine’s legislation. The company’s activity within the legal framework provides NIBULON Ltd. with an opportunity to defend its rights as well as rights of people connected with the company.
In the part II we, in terms of current legislation, comment some aspects of the company’s activity in Lidiyivka village which were distorted on the website of the All-Ukrainian Public Organization “All-Ukrainian Labour Movement – Solidarity”.
Thus, Viktor Nesterenko distorting real facts (the author probably thinks that he can openly lie “in light literary form”) says, “…The former collective farmers of the rich collective farm “Lidiyivskyy” of republican importance were cynically robbed by Vadaturskyy and lost legal right to have their own land and basic things to exist. Thus, in 1996 Oleksiy Vadaturskyy with participation of the management of the collective farm “Lidiyivskyy” and district officials illegally took away collective property to the amount of more than UAH 3 million and about 3000 hectares of land.…Consequently, land of “Lidiyivskyy” collective farm was groundlessly and illegally  given to NIBULON Ltd. without giving shares”. There were other accusations, namely, “…At that he not only got state funds but also took private things and property of Lidiyivka inhabitants.” Thus, the author describes the same but interprets it differently.
In reality, the situation is the following.
On March 05, 1994, (! Several years before NIBULON Ltd. arrived) there was held general meeting of the collective farm “Lidiyivskyy” (Domanivka district of Mykolayiv region), where there was decided the following:
–    to rename the collective farm “Lidiyivskyy” as the collective agricultural company “Lidiyivskyy”;
–    to receive land in collective ownership;
–    to ask deputies of Suha Balka village council to allocate land in collective ownership.
At the beginning of 1995 Mykolayiv Affiliate of Land Management Institute of Ukrainian Academy of Agrarian Sciences designed a project to denationalize land of the collective farm “Lidiyivskyy”.
On February 10, 1995, the project was approved by the resolution of “Lidiyivskyy” collective farm testified by a record abstract dated 10.02.1995, No. 1.
The project to denationalize land of the collective farm “Lidiyivskyy” was confirmed by Suha Balka village council resolution dated 31.03.1995. In compliance with the above mentioned resolution, “Lidiyivskyy” collective farm received 2632.9 ha of land testified by the official act for right of collective ownership of land registered in the book of official acts for right of collective ownership of land, No. 6.
On April 29, 1996, there was held general meeting of the collective farm members initiated by its management, where the representatives of local authorities and bodies of self-government (in particular, Head of Suha Balka village council V.V. Gryvnak, Acting Head of Domanivka District State Administration O.G. Diorditsa) and specialists in land legislation explained people their land right and consequences in case of land right refusal.
The participants’ will during voting was free and corresponded to their inner will completely. This fact was registered in the general meeting record dated 29.04.1996 that was executed and signed by the collective farm management.
Thus, NIBULON Ltd. management did not make the villagers abandon their land rights, and their desire to abandon land right was absolutely free and conscious.
According to the record No.4 dated 29.04.1996, at this meeting there were made the following resolutions:
–          to cancel a resolution as to renaming of the collective farm “Lidiyivskyy” as the collective agricultural company “Lidiyivskyy” made at the general meeting of the collective farm “Lidiyivskyy” on March 05, 1994 and February 10, 1995”;
–          under the provisions of the item 1 of the Article 28 of the Land Code of Ukraine, to voluntarily abandon a land plot of collective ownership and under the provisions of the item 1 of the Article 27 of the Land Code of Ukraine, to voluntarily abandon a land plot being in use;
–          to coordinate transfer of fixed production assets of the collective farm “Lidiyivskyy” into the ownership of the Ukrainian-Hungarian-English Agricultural Joint Venture “NIBULON” (AJV “NIBULON”)  in order to create branch for producing agricultural products and seed;
–          to make a statement about voluntarily abandonment of right of collective ownership of land and right of constant land use addressed to the deputies of Suha Balka village council and to address to the village council with a request to provide a land plot to AJV “NIBULON” to create branch for producing agricultural products and seed.
Under the general meeting resolution there were signed two agreements between the collective farm “Lidiyivskyy” and AJV “NIBULON”: an agreement for transfer of fixed assets and inventory holdings to AJV “NIBULON” dated 29.07.1996 (to repay account payable of “Lidiyivskyy” collective farm to AJV “NIBULON”) and an agreement for free transfer of fixed assets dated 29.07.1996 that were registered by Suha Balka village council on April 14, 1997. Due to the agreements execution, AJV “NIBULON” received ownership of fixed production assets of the collective farm “Lidiyivskyy”, including house of culture built in 1970.
Voluntarily abandonment of right of collective ownership of land and land use right corresponds to the orders of the Part 1 of the Article 28 and the Part 1 of the Article 27 of the Land Code of Ukraine dated 18.12.1990 as in force on that time. According to the above mentioned Articles 27, 28 of the Land Code of Ukraine dated 18.12.1990 as in force on that time, termination of right of collective ownership of land and land use right, in case of voluntarily abandonment of a land plot, is conducted by a decision of the appropriate council of deputies.
Under the general meeting resolution dated 29.04.1996, Suha Balka village council of Domanivka district terminated right of collective ownership of land of the collective farm “Lidiyivskyy” by a decision dated 17.05.1996 in compliance with the Part 3 of the Article 28 of the Land Code of Ukraine dated 18.12.1990 as in force on that time.
We would mention that the above mentioned decisions are corresponded to the legislation as in force on that time; they were not appealed, reconsidered and abolished. The decisions were not considered to be illegal, and the agreements are not appealed or canceled and fulfilled by the parties fully.
On July 19, 1996, AJV “NIBULON” obtained an official act for land use right from land reserve registered in the book of registration of official acts for right to use land constantly, No.27. Transfer of agricultural land in constant use to judicial persons, in this case to AJV “NIBULON”, is specified in the land legislation as in force on that time, in particular, in the Articles 19, 48 of the Land Code of Ukraine dated 18.12.1990.
AJV “NIBULON” has never received right of ownership of the above mentioned land plots; the company only used them.
“…This was performed by fabricating documents, reports and signatures of the villagers as to transfer of their collective farm “Lidiyivskyy” into the free ownership to Vadaturskyy’s company”, yells Viktor Nesterenko.
Legality of a land plot transfer to AJV “NIBULON” was repeatedly inspected by the public prosecution bodies of all levels. During inspections the public prosecution bodies did not find any crimes conducted by the management of the collective farm “Lidiyivskyy”, AJV “NIBULON”, officials of Domanivka District State Administration, Mykolayiv Regional State Administration and Suha Balka village council, i.e. elements of a crime were absent that was confirmed by the prosecutor decision of Domanivka district of Mykolayiv region dated 19.09.2005.
“…And only in 2003-2004, when the villagers started to strive for land right, A.A. Vadaturskyy returned the land to the State Fund and reissued land lease right with the state and not with the villagers”, Nesterenko and Co. continue to show their ignorance.
The thing is that on January 01, 2002, the Land Code of Ukraine came into effect dated 25.10.2001; taking into consideration its Part 2 of the Article 92, NIBULON Ltd. (a legal successor of all rights and duties of AJV “NIBULON”) does not belong to those companies, institutions or organizations that can acquire rights of constant land use in case the land belongs to state and collective ownership. According to the item 6 of the Transitional Provisions of the new Land Code dated 25.10.2001 (taking into consideration amendments), the citizens and judicial persons who have land plots in constant use but cannot have this right, according to the Code, must reissue ownership right or land lease right by January 01, 2008.
In connection with changes in the land legislation as to determination of persons who have the right to use land constantly and taking into consideration changes in the organization and legal form of the company, NIBULON Ltd. right of constant land plot use with the total area of 2950.0 hectares was terminated by the order of Domanivka District State Administration of Mykolayiv region dated 22.05.2006, No. 235, providing NIBULON Ltd. with the land lease right.
By the order dated 22.05.2006 there was approved a land management project as to providing NIBULON Ltd. with the land lease right to perform commodity agricultural production in the territory of Suha Balka village council (Domanivka district of Mykolayiv region). NIBULON Ltd. acquired a right to lease land plots with the area of 2628.59 ha, including 2267.13 ha of tillage, 272.5 ha of pastures, 14.91 ha of land occupied by household buildings and yards, 20.16 ha of service routes, 51.98 ha of forest shelter belts, 1.91 ha of wetland for a term of 25 years.
On May 23, 2006, between NIBULON Ltd. and Domanivka District State Administration there was signed a land lease agreement testified by S.M. Latsanovska,  a private notary of Domanivka district notarial division of Mykolayiv region, and registered by Domanivka registration department of Mykolayiv regional branch of SE “Center of State Land Cadastre” on May 25, 2006, No.040601300016.
Thus, the procedure to provide land of state ownership to be leased by NIBULON Ltd. was performed in compliance with Ukraine’s legislation as in force on that time.
Since May 25, 2006, NIBULON Ltd. has been leasing land plots of 2628.59 ha, including 2267.13 ha of tillage, 272.5 ha of pastures, 14.91 ha of land occupied by household buildings and yards, 20.16 ha of service routes, 51.98 ha of forest shelter belts, 1.91 ha of wetland.
Besides, the members of AUPO AULMS are worried about the right of ownership of “…the only one stronghold of social culture and property of the village council, where people could meet and discuss their problems and celebrate holidays”.
Firstly, as stated above, AJV “NIBULON” had the rights of ownership of fixed production assets of the collective farm “Lidiyivskyy”, including the house of culture built in 1970, based on the implementation of the agreement for transfer into the ownership of fixed assets and inventory holdings dated 29.07.1996 (in order to recover account payable of the collective farm “Lidiyivskyy” to AJV “NIBULON”) and based on the agreement for free transfer of fixed assets dated 29.07.1996 that were registered by Suha Balka village council on April 14, 1997. These agreements were signed between the collective farm “Lidiyivskyy” and AJV “NIBULON” on the basis of the above mentioned general meeting resolution to transfer fixed production assets of the collective farm “Lidiyivskyy” to NIBULON Ltd. ownership on April 29, 1996.
Secondly, people always had access to the house of culture, but now they can rest and discuss important issues in the repaired and equipped assembly hall. But, certainly, they should know better being in Kyiv…
 
P.S.
“…The former collective farmers of the collective farm “Lidiyivskyy” were cynically robbed by Vadaturskyy and lost their legal right to have their own land and simple things to exist”, says Viktor Nesterenko.
View of “the rich collective farm “Lidiyivskyy” of republican importance” with only 317 inhabitants in the middle of the ’90s till NIBULON Ltd. came.
Household building. 1996

 
Workshop building in 1996

 
Threshing floor before construction work

 
School bus for children

 
 Medical and obstetric center

 
The only shop in the village