Third Way (club in Moscow)

"Third Way" is the oldest club in Moscow, registered as a public organization in an ordinary apartment in the former apartment building of the Church of the Beheading of the Head of John the Baptist near Bor at ul. Pyatnitskaya, 4 in Zamoskvorechye.

The club survived many of its contemporaries, including the founder - musician and artist Boris Raskolnikov.

1991: Free lease agreement on the recommendation of Stas Namin

On 1/09/1991, a lease agreement for non-residential premises was concluded between the PREO of the Executive Committee of the Moskvoretsky Paradise Council and the Regional Public Organization Creative Center "Third Way."

Andrei Romanov, formerly co-owner of the Bunker and Aquatoria clubs, technical director of the Stadium Live club^[1]

"The

Third Way Club was literally opened by me. We walked Borey and his friend, a young American artist, looking for club space. We stumbled upon a half-burned apartment on Pyatnitskaya. Then I found some sledgehammer on the stairs and just broke open the door.

Later, a modest, decently dressed young man entered the local district executive committee. A real hell was going on in the institution: distraught officials ran from office to office, someone burned documents, some just locked themselves and drank. It was August 19, 1991. The very beginning of the August putsch. The young man's name was Boris Raskolnikov, with whom he brought a folder with documents necessary for the opening of the Third Way creative center. When asked what he chose such a day, Boris replied: "I understand everything, but I am assigned to today." And everyone, apparently, was so amazed that the papers were immediately signed to him. "

A large room in the center was allocated for the club. They recalled that a strange paper from Stas Namin helped^[2].

1992

The building was transferred to the Parish of the Church of Mikhail and Fyodor Chernigovsky for a hospitable house

By the Decree of the Government of Moscow dated 02.06.1992 No. 344, the specified building was transferred for free use to the Parish of the Church of Mikhail and Fyodor Chernigovsky under the "hospitable house." At the time of the transfer, the building was in good condition, suitable for use (the Hood Fund of the RSFSR was located on the third floor), since in the late 1980s. major repairs were made.

The courtyard assumed security obligations for the building, and the Prefecture of the Central Administrative District of Moscow was entrusted with the obligation to select and provide equivalent premises to the organizations being withdrawn.

Without the preliminary provision of the relevant space, the lease agreement with the Third Way Creative Center was terminated, which contradicts Art. 53 of the Federal Law No. 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture," in accordance with which... "when transferring the building in which the cultural organization is located, to other organizations (including religious) state bodies that carry out the transfer are obliged to provide cultural organizations with an equivalent premises.

The chairman of the church community and bodybuilders of "Orbit" staged a pogrom in the club

On November 13 and 14, 1992, representatives of the community of the Church of the Holy Great Martyrs Mikhail and Fedor Chernigov, who were killed in the Horde, staged a pogrom with the beating of the Third Way association in the avant-garde workshops, demanding to "vacate the church premises," the Kommersant newspaper^[3]. Yevgeny Tretnikov, senior inspector of the Mossovet Commission on Law, Order and Protection of Citizens' Rights, considered the actions of the pogromists "quite legitimate." In protest on November 14, artists held a rally "Raped Culture" on the stairs at their workshop.

The president of the Third Way, Boris Raskolnikov, told a Kommersant correspondent:

"On

November 13, women from the Community and members of the Orbit Society of Bodybuilders, headed by the community chairman Tatyana Karagodina and Yevgeny Tretnikov, broke open the entrance doors and threw equipment, paintings and a collection of models from the stairs."

In the workshops, according to Raskolnikov, there were only two people besides him (tapestry artist Lika Volkova and lawyer from a private human rights firm Pyotr Protopopov), and the police from the 47 branch refused to come to the rescue, citing the order of the authorities "not to interfere in the affairs of the church." According to Raskolnikov, the rioters beat Volkova, ruined the collection of paper fashion Andrei Bartenev (Grand Prix at the Festival of Unclean Fashion in Jurmala-92), smashed the phone and refrigerator, "and to top it all off, Karagodin poisoned us with tear gas, and Tretnikov threatened to put us in prison."

According to Raskolnikov, the community used force in resolving the dispute over the premises, which artists have been renting since 1991 and which never belonged to the church, being a merchant's house. Community members declined to comment on what happened. And deputy Tretnikov, who called himself a Kommersant correspondent "the guardian of the community," said that in "the mess with the artists, believers had no other way."

1993: Court denies church eviction of club

By the decision of the Arbitration Court of Moscow in Case No. 12-426k of 27.07.1993 The parish of the Church of Mikhail and Fyodor Chernigovsky was refused to evict the Creative Center from the occupied premises.

1999

Lada Raskolnikova, formerly president of the Third Way creative center, widow of Boris Raskolnikov, teacher of foreign languages^[1]

"I ended up in the Third Way in the late 1990s, at the sunset of the era. It was the first club where my parents let me go. The name was invented in conversations with Dugin and planned to engage in exhibitions, but as a result everything turned into parties. And before that, the Orthodox community of the Church of Mikhail and Fyodor Chernigovsky defeated the club: "The Third Way" was always in confrontation with her, because just six months after the conclusion of the lease agreement, the Moscow Heritage Council issued a resolution on the transfer of the church building.

For a wide range, "Third Way" opened sometime in 1994-1995. For 21 years of existence, perhaps all figures of the musical alternative have managed to perform here:

• "Sounds of Mu,"
• "Polite refusal,"
• "Center,"
• "Obermaneken,"
• "Nikolai Copernicus," etc.

Friday had its first concert here in Moscow. Borya did not take the cord in the late 1990s! Said: We already have the Ship group.

In

the 1990s, in the "Third Way" at one table, drawn into a chess cage, Artemy Troitsky, Pani Bronya and some deputy from the Communist Party could easily be. They took a little for the entrance, focused on the cost of washing in the bath.

In

2011, Boris died before our victory in the next court. This is a unique case: we won two trials against the Russian Orthodox Church and three against the Moscow Property Department. Now the club sometimes holds concerts and private events. We are waiting for the reconstruction and expansion of the space. "

2000: The court only allows the club to be evicted after providing it with equivalent premises

By the decision of the Arbitration Court of Moscow in case No. A40-48457/99-11-495 of 27.01.2000, it was also established that the Creative Center is subject to eviction from a non-residential premises at 4/2 Pyatnitskaya St., bldg. 1, only after providing the Creative Center with an equivalent room.

2004

The club concludes a paid lease agreement with the Moscow Government

By the Decree of the Government of Moscow dated 22.06.2004 No. 421, the form of use of the building was changed to paid - rent (from which it follows that the building is not an identified object of former church property). By that time, the building (with the exception of the premises of the Creative Center) had fallen into decay, since it had not been used or protected by the Compound since the transfer in 1992.

The church receives the certificate of acceptance of the building

However, relations with an unscrupulous user of the architectural monument were continued. According to paragraph 4.3 of the Resolution, the Compound entered into a security lease agreement with DIgM for the building dated 25.11.2004 No. 2493, all the terms of the agreement were agreed, and a Certificate of Acceptance and Transfer of the Building in a released form was signed, which is deliberately inconsistent with reality. The parties were aware of the presence of the Third Way Creative Center in the room at the address: Moscow. Pyatnitskaya st., d. 4/2. page 1, in view of the failure to comply with the Decree of the Government of Moscow No. 344 of 02.06.1992 and the decision of the Arbitration Court in the case of 27.01.2000 No. A40-48457/99-11-495, which is also confirmed by the correspondence of the Creative Center with authorized representatives of both DIgM and the Parish of the Church.

Ruslan Munnibaev, formerly bartender of the Third Way (1999-2005), director of the Kasta group^[1]

"It was from the" Third Way "that both the" Pilot "and all such places grew up. Probably, in the same Holland there are no such institutions, but we have an example of how one stubborn hippie fought for his club for a decade and a half and won against much more powerful rivals - only one. "

2012: Court Finds Church's Security Lease Not Concluded, Club's Eviction Denied

By the decision of the Arbitration Court Moscow of 24.02.12 in Case No. A40-85507/11 53-748, the security lease agreement dated 25.11.2004 No. 2493 was declared not concluded. In addition, the Court accepted the refusal of the Compound from the claim for the obligation to transfer to the Compound the building located at the address: Pyatnitskaya Moscow St., 4/2, p. 1, free from the rights and obligations to the Creative Center "Third Way."

For 21 years, the Compound did not fulfill its obligations to protect the building, mismanaged the monument, did not ensure the preservation of the object (including did not eliminate roof leaks, which deprived the building of protection against adverse environmental effects, led to premature destruction of the attic floors and the 3rd floor, which is why water constantly flows into the premises of the Creative Center and damages the property of the organization.) This is confirmed by the Decision of the Arbitration Court of Moscow dated 24.02.12 in Case No. A40-85507/11 53-748, which established that since the transfer of the building to the use of the Compound in 1992, the latter has no grounds that prevent the development and operation of the building.

The court also found that, occupying the premises (1/6 part of the total area of ​ ​ the house) since 1991, the Creative Center "Third Way" actually provides the building-monument with guard protection, maintains the entrance and occupied premises in a comfortable and proper sanitary condition, provides fire and technical order and bears all the costs associated with this, thereby fulfilling a number of duties assigned to the Tenant. It should be noted that by the Act of Inspection of Non-Residential Premises of Moscow No. L-00677/11 of 21.09.2011, the technical condition of the premises occupied by the Creative Center was recognized as satisfactory and it was established that it was used for its intended purpose in accordance with the statutory goals of the cultural organization.

The courtyard, having the rights to an architectural monument, did not fulfill its protective obligations, worsened its condition to unsatisfactory and damaged its historical and artistic value, which is the basis for restricting or terminating the right to use an immovable historical and cultural monument on the basis of Article 51, Article 52 of the Law of the city of Moscow of 14.07.2000. N 26 "On the protection and use of immovable monuments of history and culture," article 6,7,39,61 of the Federal Law of the Russian Federation of 25.06.2002 N 73-FZ "On objects of cultural heritage of the peoples of the Russian Federation."</blockquote>

Due to the fact that for twenty-one years DIgM did not fulfill its duties, the Decisions of the Arbitration Court of Moscow. on Case No. A40-13569/2012 of 27.04.2012, the Ninth Arbitration Court of Appeal on Case No. 09AP-18849/2012 of 01.08.2012, Federal Arbitration Court of the Moscow District on Case No. F05-12797/2012 of 19.11.2012 and also the Supreme Arbitration Court of the Russian Federation on Case No. BAC-2396/2013 of 19.03.2013 meeting requirements of DIgM about eviction of ROO 'the Creative Center "The Third Way" from the occupied rooms it was refused.

2013

Breach of the ceiling of the exhibition hall during the reconstruction of the building

In August 2013, reconstruction began in the building where the Third Way creative center was located. The ceiling of the exhibition hall was broken, water and heating were turned off, although the legality of the use of the premises by the founders of the club was confirmed by six decisions of the arbitration courts.

The cultural organization received a letter from LLC RSK Vozrozhdenie containing an illegal demand to vacate the occupied premises at the address: st. Pyatnitskaya, d. 4/2, p. 1. within five days, as well as the threat of loss and damage to the property of the Creative Center.

The leader of the Moscow Yabloko Mitrokhin and Arkhnadzor support the club

In 2013, the leader of the Moscow branch of the Yabloko party, Sergei Mitrokhin, visited the Third Way. He was like, promised to figure it out, finally proposed a revolutionary path: to declare the creative center the party headquarters of Yabloko (and even noticed a place on the facade for a banner). Archnadzor stood up for the Third Way, laying out on the shelves all the illegality of the church's actions.

Appeal to Moscow Mayor Sobyanin with a request to protect the club from closure

After the death of Boris Raskolnikov in 2011, everyone expected that the club would quickly close, but the struggle for its preservation was led by Boris's widow, Lada Raskolnikov.

In September 2013, the Creative Center "Third Way," asks and. about. Mayor of Moscow Sergei Sobyanin protect them from closure. The administration of the center posted an open letter to the mayor on the Change.org website, where it collected signatures in its support. Below is the text of the letter:

Regional Public Organization "Creative Center" Third Way "asks for your support in a situation that threatened the implementation of the activities of our cultural organization.

Creative Center "Third Way" is a socially oriented non-profit organization that carries out activities in the field of culture and art free of charge (confirmed by the Ministry of Justice of the Russian Federation by the act of inspection of NGOs dated 26.04.2013).

Formed in 1991 under the leadership of Boris Raskolnikov in order to support and develop creativity, the Creative Center "Third Way" for 22 years of its existence has become an integral part of the cultural life of Moscow, made a significant contribution to the development of the art of our city.

For 22 years of work, the Center has created a unique environment that promotes communication, mutual exchange of creative ideas and experience with the participation of artists, musicians, filmmakers, architects and journalists.

Since

1991, cultural association has provided:

• production and display of artwork;
• organization of rehearsals, concerts, literary readings;
• the work of art and craft workshops;
• conducting historical and cultural lectures on art and music;
• master classes in painting, applied design and modeling, computer animation, video processing, audiovisualization and modern sound production tools;
• exhibitions and screenings of diplomas of graduates of creative workshops of universities in Moscow.

Pyotr Mamonov, Inna Zhelannaya,Polite Refusal, Forbidden Drummers, Flame, Ensemble of Children's Musical Instruments, fromSound Mu, Orchestra of High Technologies, as well as student theater groups of Moscow universities rehearsed here; musical groups began their performances in Moscow: Marksheider Kunst,Hummingbird, Alexey Aigi and 4 '33, Knife for Frau Müller, Ship, Fantastic Boris Raskolnikov, Two Airplanes, Eighth Martha, Obermaneken, vtol, Scofferlane and many others.

In

the Third Way, creative evenings of poets took place: Igor Holin, Heinrich Sapgir, Willy Melnikov, Vera Sazhina and others. Exhibitions of works by German Vinogradov, Nikolai Filatov, Dmitry Shagin, Boris Berger, Alexander Shirnin, Ilya Voznesensky, Konstantin Kalendarev, Nikolai Prorokov, Ekaterina Spasolomskaya and other artists of Moscow and St. Petersburg were held, fashion designers showed: Andrei Bartenev, Olga Soldatova, A. Sharov, Lara, Petlyura, Svetlana Tegin, brothers Polushkin and others.

The existence of the Creative Center is extremely important for the youth of Moscow, which for more than two decades has been getting the opportunity to cultural enrichment and creative implementation in a legendary place.

Due to the current situation with the workshops of the creative center, the activities of the organization are actually blocked, its very existence is threatened. In the building where the creative center is located, reconstruction began, the ceiling of the exhibition hall was broken, water and heating were turned off, although the legality of the use of the room was confirmed by six decisions of the arbitration courts.

28.08.2013 years, the work of the ROO "Creative Center Third Way" was disrupted. Our cultural organization received a letter from LLC RSK Vozrozhdenie containing an illegal demand to vacate the occupied premises at the address: st. Pyatnitskaya, d. 4/2, p. 1. within five days, as well as the threat of loss and damage to the property of the Creative Center.

Despite the existence of decisions of the Arbitration Courts, at the moment the representatives of the Compound, referring to the lease agreement recognized by the court as not concluded (Decision in Case No. A40-85507/11 53-748) and permission dated 23.07.2013 No. 277666-2013, without first notifying our organization about the nature and scope of the proposed work, began repair work in the building, dismantled the roof and attic, broke through the ceiling of the Creative Center. Declaring the "need to master the budget," representatives of the construction company hired by the Compound demand to vacate the premises for the construction of the hotel in violation of these acts and the legislation of the Russian Federation, twice the builders tried to break into the doors of the cultural organization.

The actions of the construction company are illegal, endanger the implementation of activities and the safety of the property of the organization, which is of both cultural and material value. The approved work schedule of the cultural center has been disrupted. We are forced to watch indoors around the clock, providing security.

We pay special attention to the fact that in the premises of the Creative Center there is an impressive collection of works of art, paintings by artists whose works are in the collections of museums in Russia and the world, including in the State Tretyakov Gallery, as well as valuable musical instruments and expensive recording equipment. The actions of the Compound jeopardize the safety of the organization's property, as well as the authentic decoration elements of the 19th century preserved by the titanic efforts.

In

connection with the above, please: 1. Identify and prosecute unscrupulous users of the building at Moscow, st. Pyatnitskaya d.4/2 p. 1, whose actions and inaction caused the premature destruction of an object of cultural heritage of regional significance, which is the basis for restricting or terminating the right to use an immovable monument of history and culture in accordance with Article 23 of the Law of the City of Moscow dated 14.07.2000. N 26 "On the protection and use of immovable monuments of history and culture" falls under Article 243 of the Criminal Code of the Russian Federation.

2. We ask you to investigate the facts of these violations in order to establish responsibility for the failure of officials to fulfill their duties, resulting in harm to the cultural heritage site (Part 4 of Article 7.13 of the Administrative Code of the Russian Federation) and recover from the perpetrators the amount of damage caused to the architectural monument in the form of the cost of the necessary security and rescue measures on the basis of Art. 61 of the Federal Law of the Russian Federation of 25.06.2002, N 73-FZ "On Objects of Cultural Heritage of the Peoples of the Russian Federation," Article 20, Article 51 and Article 52 of the Law of the City of Moscow of 14.07.2000 No. 26 "On the protection and use of immovable monuments of history and culture," Code of Administrative Offenses of the Russian Federation.

3. T.Khe local governments for two decades did not fulfill the duties, provided for in clause 4.1, clause 4.2 of Moscow Government Resolution No. 344 of 02.06.1992, please identify and prosecute persons, whose inaction effectively blocked the development and destabilized the work of our cultural organization, hindered the implementation of activities, creating conditions under which the work of the Creative Center is significantly limited, caused material damage and led to a significant violation of the rights and interests of the Creative Center Third Way, provided for by: Part 3 of Art. 55 of the Constitution of the Russian Federation, Art. 169, 315 of the Criminal Code, part 4 of Art. 31, part 6 and part 7 of Art. 31.1 and part 2 and part 3 of Art. 31.3 FZ "On Non-Commercial Organizations" dated 12.01.1996, Art. 30, part 2 of Art. 40, and Art. 53 of the Federal Law dated 09.10.1992 No. 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture," Article 12 of the Federal Law of the Russian Federation of 2.03.2007 No. 25-FZ "On Municipal Service in the Russian Federation

."

4. Consider the issue of preserving the Creative Center "Third Way" - the only conscientious user of the architectural monument at the address: Pyatnitskaya 4/2, p. 1. in workshops occupied since 1991.

5. Please take urgent measures to ensure the safety and free implementation of the activities of the Creative Center of the Third Way, as well as prevent possible illegal actions of LLC RSK Vozrozhdenie and Chernihiv Compound in relation to our organization and occupied premises in accordance with:

• Part 3 of Art. 55 of the Constitution of the Russian Federation;
• Art. 169, 243, 315, 330 of the Criminal Code;
• Part 4, Article 7.13 of the Administrative Code;
• Art. 305, 1064, 1065 of the Civil Code of the Russian Federation;
• Part 4 of Article 31, Part 6 and Part 7 of Article 31.1 and Part 2 and Part 3 of Article 31.3 of the Federal Law "On Non-Commercial Organizations" dated 12.01.1996;
• Art. 30, part 2 of Art. 40, and Art. 53 of the Federal Law No. 3612-1 "Fundamentals of Legislation of the Russian Federation on Culture";
• Articles 6, 7, 8, 39, 51, 52, 53, 61 of the Federal Law of the Russian Federation N 73-FZ "On Objects of Cultural Heritage of the Peoples of the Russian Federation";
• Article 18, Part 3 of Article 20, Part 5 of Article 21, Article 23, Article 51 and Article 52 of the Law of Moscow No. 26 "On the Protection and Use of Immovable Historical and Cultural Monuments";
• By order of the Mayor of Moscow dated 17.10.1994 N 517-RM "On measures to strengthen control over the use of non-residential premises located in buildings-monuments of history and culture";
• By the decision of the Arbitration Court of Moscow in case No. A40-48457/99-11-495 of 27.01.2000;
• By the decision of the Arbitration Court of Moscow. in Case No. A40-13569/2012 of 27.04.2012;
• Decision of the Ninth Arbitration Court of Appeal in Case No. 09AP-18849/2012 of 01.08.2012;
• Decision of the Federal Arbitration Court of the Moscow District in Case No. F05-12797/2012 of 19.11.2012;
• By the decision of the Supreme Arbitration Court of the Russian Federation in Case No. VAS-2396/2013 of the 19.03.2013^[4].

The club is sealed until the authorities find a new premises for it

On December 29, 2013, the Zamoskvorechye police department made its first attempt to evict the Third Way. Then the directorate and the police managed to reach a compromise, which consisted in the fact that the club was sealed and no one entered it until the city government found a new place for the Third Way.

2014: Police open club premises and take things out in unknown direction

The creative center "Third Way" was finally evicted from the building on Pyatnitskaya Street, where it was located for more than 20 years. On the night of January 22, 2014, employees of the Zamoskvorechye police department opened the room and began to take out tools and things. Lada Raskolnikova, director of the Third Way center, told Izvestia about this.

• I came to see the integrity of the door seal, and witnessed the theft of our things. Without introducing themselves, the employees began to make an inventory, although in fact it looked like a pogrom. They tore off Norstein's paintings, walked on them with their feet, then loaded our things and guitars into the Gazelle and took them away in an unknown direction, Lada Raskolnikova told Izvestia.

According to the director of the creative center, the initiator of the eviction is the chairman of the Department for External Church Relations of the Moscow Patriarchate, Metropolitan Illarion of Volokolamsk. The eviction was carried out after the statement of the nearby Chernihiv compound, which claims to be the premises occupied by the Third Way creative center^[5]

Notes