Today is the last date when you can officially express your comments and objections regarding the hearings on the Okhta ODC, which took place with a huge scandal on June 27. True, all materials and notes in the margins will have to be brought to the administration of the Krasnogvardeisky district in person, or sent by mail or courier - but, again, on an individual basis (as the practice of the January hearings has already shown, officials flatly refuse to accept collective appeals).
Those who hired provocateurs for public hearings may explain this by a desire to increase turnout
Withdrawal of will
The invoice won't matter. The ECOM Center of Expertise has prepared a list of violations noted at different stages of the hearings, and everyone can choose from this list what they like best and sign with their first and last name. But at the same time, one key point remains unresolved: what to do with the facts of mass - and not hidden! — bribery of event participants? (See the previous issue of Novaya.)
“Of course - the police, the prosecutor’s office, the court!..” - ardent Carbonari have no doubt. However, what exactly should be challenged? Is it generally punishable to bribe citizens participating in public discussions of certain projects? Novaya tried to find out.
And it turned out that there was a precedent, and possibly a legal incident - because the legislator has not bothered with such issues until now. True, the Administrative Code (CAO) has essentially similar articles, but it only deals with preventing citizens from expressing their will in elections. Not a word about other options for expressing will.
So what can be charged against the provocateurs/clackers and their ubiquitous foremen?
Let us recall that the relevant city law defines the purpose of holding public hearings as “taking into account the interests of individuals and legal entities in the implementation of urban planning activities.” Approximately the same is included in the Town Planning Code.
“It turns out that when outsiders who do not have their own interests are attracted to such events, and even pay money in order to express not their own, but someone else’s opinion, this is an activity that impedes the realization of the purpose of the hearings,” concludes the head of ECOM, Alexander Karpov.
“Am I the stranger?” - a sincere defender of the 400-meter skyscraper will be indignant.
But that's not the point.
Klaka is looking for matches
We cannot have any complaints about those who sat in the hall and supported - or did not support the Okhta Center, for money or for thanks. (Even if you want it so much that your hands itch...)
“Any resident has the right to take part in hearings and express what he considers necessary,” emphasizes the head of ECOM. — If there can be any claims, then only to those who organized and hired.
However, if you listen to the comments from the other side, it turns out that there are no violations at all. Ivan Petrovich invited Vasily Nikolaevich to come to the event, promising some kind of bonus. “But he himself wanted to come. And I just pushed him further towards this,” Ivan Petrovich will say, and he will be right in his own way.
“It is extremely difficult to prove intent,” agrees Alexander Karpov.
And it’s true: let’s say I want to increase the turnout, so that as many people as possible can come, express their opinion, justify their position - what’s wrong with that?..
“In my opinion, in terms of content, there is an attempt to distort the real picture of public opinion,” the expert sums up. “At the same time, this is an offense for which no liability has been established; it is not subject to any sanctions.”
Nevertheless, in the situation with the hearings on June 27, there is public evidence that people were briefed - this is important. It is known that they were conditioned to speak in a certain way. This is precisely an attempt to influence, and it is on this that one can base complaints to the organizers.
Another thing is that here, again, participants in the events may object: they say, I myself think so, my point of view simply coincided... But that’s their problem.
Fifth height
Meanwhile, the final protocol of the hearings will appear, according to the expert, apparently not soon: it is unlikely that the administration will meet the seven-day deadline established by law. There will be a lot of comments, officials must respond to everything... They will have time well if by the end of the month.
It is still too early to talk about further actions and technologies of struggle, from Karpov’s position.
“Besides, to be honest, I would not like to make our plans public now,” admits Alexander Semenovich. “We come across people who work seriously, and it would be better for them to start preparing in all areas than for us to tell them what exactly we are going to do.”
At the same time, according to the specialist, it makes sense, of course, to challenge not the protocol of the hearings, but the document itself, which was presented at the last discussion.
Let us remind you that the January hearings on the Okhta ODC were recognized as valid and the Temporary Development Regulations, which were considered at them, despite the protests of residents, were successfully approved.
“Literally on the eve of the June hearings, we received a paper copy of the regulations,” says Alexander Karpov. “I hope that in the coming days we will receive an electronic version that can be sent to all interested parties and analyzed.
Experts have not yet had time to study the approved draft law in detail, however, according to first impressions, it was adopted practically without changes - compared to what was at the hearings in January.
“Naturally, there are quite a lot of claims made against this document, which may serve as grounds for challenge,” notes the head of ECOM. — The most significant thing, and this was confirmed by the deputy head of the KGA Viktor Polishchuk at the hearing last Friday, is that the altitude parameters have not yet been established. In the VRZ this parameter is completely absent - despite the fact that it is key from an urban planning point of view!..
Where, for example, does the significantly increased transport load come from? It's one thing if the house is 20 storeys. What if it’s 120 storeys?! How would you like to count?
So much is tied to the altitude parameter that without it it is pointless (and impossible) to consider most of the other sections and provisions of this project, ECOM representatives are sure.
Valeria STRELNIKOVA