The battle for property. How Russia appropriates Ukrainian real estate in the occupied territories

Roman Ameliakin agreed to speak openly about the fate of his property in Russian-occupied Mariupol only because he decided not to fight for it and threw away the keys.

Roman and his 3-room apartment

Roman Ameliakin lived in a 3-room apartment in a 5-story building near the center of Mariupol. It was his parents' apartment, but later his father moved to a private house, and Roman's family moved in.

He and his wife Halyna didn't have enough money so they did many things with their own hands. Their friends helped them develop a design project, and then Roman and Halyna stayed up late at night installing new wiring, gluing wallpaper, and going to work in the morning. Through joint efforts, the apartment gradually became where they wanted to live.

Roman and his family met in this apartment on the morning of February 24, 2022.

"Of course, I realized that war was coming. However, I was convinced that it would be the same as in 2014, that Mariupol was a fortress, so I would not leave the city. My wife and I took the situation very lightly. We didn't stock up on food or water, and we only filled the canisters and the car's tank with fuel," Roman says.

So when the city began to be shelled, Roman drove to the humanitarian hub and started helping people.

On March 5, he took his father to his place. The whole family packed their belongings and prepared to leave the city. The evacuation was annonced. However, instead of a ceasefire for the evacuation, the Russians shelled the gathering points and fired at the evacuation buses.

On March 15, Roman decided to leave the city on his own. He, his wife, children, father, and roommate, got into a car and drove first to Berdiansk and then to Zaporizhzhia, southeast of Ukraine.

At that time, several Russian rockets hit Roman's house but affecting only neighboring entrances. The shockwave warped the door to the apartment but the apartment was saved.

When communication was restored in the city, Roman tried to contact his friend who remained in Mariupol and asked him to see the apartment. The friend was unable to get inside because the door was warped. So Roman decided to transfer some money so his friend could fix the door.

Everything was in place in the apartment. It was dirty, and the shock wave damaged some things, but compared to others, it was in perfect order.

A few months later, Roman's neighbor decided to return to Mariupol — the same one he had rescued and taken out of the burning city. The first thing this woman did when she arrived in Russian-occupied Mariupol was to report Roman to the Russian special services — her neighbor who grew up before her eyes studied in the same class as her son and eventually saved her life.

"It's so funny. Her son, my classmate, had been living in Moscow for a long time, and of course, we didn't communicate. But when I took his mother out, he started writing to me, saying that he would be grateful for the rest of his life and owed me all that. And then his mother did this," Roman says.

Roman Ameliakin was a perfect candidate for denunciation. A former soldier of the Armed Forces of Ukraine, a Ukrainian activist, a member of the Mariupol City Council — in short, an ideal enemy of Russian regime.

After the denunciation, Russian FSB officers came to his apartment to search it. Perhaps they were looking for Hitler's Mein Kampf or a portrait of Stepan Bandera, but the Ameliakins had neither of these at home. Roman took out of the house the day before he left and buried everything that could prove Roman's connection to the Armed Forces, including historical books and anything related to Ukraine.

So, instead of "Ukrainian dirt," the FSB found a collection of Soviet cars and toy military equipment from the WWII. Quite ideologically correct from the Russian point of view.

So the invaders had nothing to complain about, and they simply took what they liked — a TV, a washing machine, and other equipment. After they left the apartment with these valuables, the neighbors joined in the looting. The yard was buzzing for a long time afterward, discussing the actions of the neighbor who led Russian special services to the apartment of the man who had saved her life.

After that, Russian builders who came to rebuild Mariupol moved into the apartment.

"After a while, I wanted to ask my friend who had repaired the door for me to go and see who was living in the apartment again, and then I thought that since the FSB was interested in the apartment, it might be dangerous for my friend," Roman explains.

In 2023, he suddenly received a call from a man from occupied Mariupol. He did not know him well and had never been friends with. He offered a deal. Roman was to sell him an apartment under Russian law. If Mariupol was occupied, Ameliakin would return the money he received for the apartment.

"I refused. Firstly, I did not trust this person. Secondly, in 2023, we were all expecting a counteroffensive, believing in the imminent de-occupation of our city. I wanted to return, so I refused."

Now Roman does not believe in Mariupol's return, so he decided to close this gestalt. One day, he just threw away the keys to his apartment.

"It was not easy. But I thought that there was nothing I could do with it. I can't go to Mariupol. I can't influence the situation. I can't re-register or sell the apartment — I can't do anything. As long as Mariupol is occupied, I have no apartment. That stage of my life is over. When Mariupol had been de-occupied, I would get my apartment back, but judging by the situation at the front, I probably have nothing to count on. I don't really hope for compensation either, because it's obvious that the state doesn't have enough money for all of us. Maybe they will develop some preferential affordable mortgage for people like us. I have no other hopes."

Roman does not look at the lists of so-called "ownerless apartments" regularly announced by the occupiers.

But another ex-citizen of Mariupol, Victoria, said it was a real shock to see her apartment on that list. She really didn't want to talk about it, fearing that the publication of any information in the media could hinder her efforts to resolve the problem. So we changed not only the woman's name but also some details of her story.

Victoria K. and her one-bedroom apartment

Victoria bought an apartment in 2011 when she had a child. It was small, but it was well renovated. Most importantly, it survived. During the rocket attack, the balcony collapsed, and all the windows were blown out, but the walls survived.

The family stayed in the city during the blockade. In late March, they left for Europe via annexed Crimea. Now they have settled in Germany. The woman's mother categorically refused to leave Mariupol with everyone else, saying she would stay home and take care of the apartments — hers and her daughter's.

Victoria's mother cleaned up the apartment and paid the utility bills when the receipts started coming. Victoria hoped that this would be a reason for the occupiers not to touch the empty apartment. But during the next inspection, one of the neighbors told the commission that the owners were abroad, and the apartment was listed as ownerless.

This is where the story of saving the square meters begins

"I went to the Russian consulate and issued a consular power of attorney to my mother so that she could act on my behalf. I paid a lot of money — 148 euros, plus expenses to get to the consulate, plus money for the carrier who agreed to transfer the documents to Mariupol. Altogether all this cost me more than 500 euros.

My mother received the powers of attorney and went to the administration with them, but it wasn't accepted. They said that only I personally had to come and write an application to have the apartment removed from the owner's list. I couldn't come — they didn't let me into Sheremetyevo airport in Moscow. They didn't explain what exactly they didn't like. At least they didn't put a stamp on my passport banning me from entering, so maybe one day I'll try to go through again. But what to do with the apartment was completely unclear," says Victoria.

The woman was desperate, so she started writing to different groups on Telegram, asking people. Some people told her that nothing could be done, only her presence. In contrast, others suggested that she rework the consular power of attorney, saying it was not the same. She had to go to Belarus and rework it there. Someone convinced Victoria that they had accepted the documents under a power of attorney, someone denied that it was all nonsense, and maybe someone would take the documents for money, but then they would still be refused.

In the end, the woman managed to get a response from a lawyer who is now working in the occupation. The lawyer explained the situation and what to do next.

This lawyer, named Mr. Basivsky, was known in Mariupol even before the full-scale war. He handled many criminal cases and even helped local journalists.

Now, he has completely retrained to work with real estate. This is the only thing in demand in the occupation, he says.

We cannot assess whether this expert's opinion can be trusted, but Victoria could not get any other explanation.

Breaking down the lawyer's advice point by point

Suppose an apartment falls into the "ownerless" category. In that case, only the owner can personally remove it with a complete package of ownership documents.

You must act quickly before the occupation administration enters your apartment into the Russian real estate register as municipal property, not yours. Suppose you have not had time (or have not been able) to appear in person. In that case, it will not be enough to resolve the case by simply removing your apartment from the list of ownerless flats — you will need to go to court.

You can either go to court on your own (an authorized representative can do this) or wait for the occupation administration to apply to the court and then participate in the process with evidence of property ownership.

A consular power of attorney is important at this stage. In the occupation municipality, the owner's proxy will not be considered, no matter what power of attorney he shows. However, in court, it will have a say and influence on the situation with an officially executed consular power of attorney. The main thing is not to miss the date of the court hearing.

In order not to miss the date of the hearing, you need to contact a special office. You must submit a statement that you are interested in a particular apartment. You should be informed about the date of the trial. However, the lawyer advises you to follow the announced court schedule yourself in order not to miss the hearing.

Only the court can remove the apartment from the Russian register as a municipal one and re-register it as yours. There is no other way. The good news is that you can participate in the hearing through your proxy.

Victoria, or rather her mother, is now at the stage of applying to the special office. She is very nervous about the risks of losing her surviving property. She hopes that her mother will be able to get "custody" of the apartment in court and that she will then be able to sell it. But everything is very shaky, and she has no confidence.

By the way, this lawyer, Basivsky, claims that this procedure for appropriating apartments, which is in effect throughout the occupied territory, contradicts federal Russian law and the constitution of the aggressor country and suggests that lawyers in the occupation file a class action lawsuit.

Suppose the court decides to cancel the illegal provisions of the regional resolutions. In that case, the lawyers will be able to protect the rights of those who are now trying to save their homes. However, those who have already moved into "ownerless apartments" will suffer, as their property rights will be canceled. This is a great concern for such people.

However, it is hard to believe that the occupiers will take such steps, given the great interest of top collaborators in the existence of a system of unpunished robbery.

Mariupol eng occupation occupied territories