Anti-compaction code

New trends have clearly emerged in the field of struggle for compaction development. Yes, yes, this is not a mistake - we are talking about apologists for the construction industry who are trying to eliminate such an annoying obstacle as the resistance of local residents from their path. They are always dissatisfied with something: the construction of a high-rise building next to the dying Khrushchev building, the cutting down of trees, the destruction of a recreation area... It would seem that there are a handful of activists there, but be safe from problems from them. Either they turn to the police, or file a complaint with the governor, inspections are carried out, work is suspended, schedules are disrupted, businessmen do not meet the allotted deadlines... Recently, a radical remedy has appeared in the arsenal of the fight against anti-compactors: developers, one after another, began to take the troublemakers who were pretty tired of them to court.

And it would be okay to just reason with him. No, entrepreneurs “hang” sums amounting to six or seven figures on overzealous social activists. Novaya has already briefly talked about one of these conflicts: ZAO BusinessLink Development, a well-known St. Petersburg company planning the development of an ancient quarter on the Lieutenant Schmidt embankment, filed a claim for 4.3 million rubles against four elderly Vasileostrov residents, members of a local initiative group. Let us note that at the end of last year the plaintiff lost the case in the first instance. But, as they say, it’s not over yet.
And now similar events are unfolding on Grazhdanka, near the intersection of Lunacharsky Avenue and Ushinsky Street. The confrontation between local aborigines on the one hand, and the construction business represented by Geron LLC (the developer) and Modul LLC (the investor-customer) on the other, has moved into a financial phase with a violent bias. On January 24, the decisive hearing of the trial will take place in the lawsuit of Modul LLC against local resident Tatyana Dzhalilova, a teacher with a quarter-century of experience and, from the position of the company’s management, one of the main instigators of the protest movement. Businessmen believe that the latter is obliged to compensate the losses caused to them, in their version, in the amount of almost 400 thousand rubles.
It must be said that in general the history of this conflict is quite typical: there is an order signed by the governor on the construction of a multi-storey residential building on the territory of the block, there are a lot of controversial issues, there is an indignant local community. The battles have not stopped for several years. Following the traditional scheme, the initiative group of citizens meticulously records all detected inconsistencies and mistakes of entrepreneurs, then sending dispatches to all ends... The reasons why the defendant must pay the amount indicated in the claim to the merchants are curious. In particular, according to information from the Modul company, one day “Jalilova sent a crowd of children to a construction site, who tore down metal fences and damaged equipment.” Leaving the legal commentary to the specialists, we will only clarify that, according to Tatyana herself and her associates, we are talking about a well-known inter-district football match against infill development (a high-rise building is being built exactly on the site of the stadium!).
However, it is not only ordinary citizens who are passionate about “collecting incriminating evidence”. In front of me is a plump folder with complaints from officials of various ranks and departments. It is enough to quote the most characteristic fragments.
A paper from the State Construction Supervision Authority: “For violations committed during construction, Modul LLC was held administratively liable.” Response from the prosecutor’s office: “An inspection has been carried out, prosecutorial response measures have been taken.” A paper from Rostechnadzor: “A case has been opened regarding an administrative violation...” A pile of letters from the Kalininsky district administration: “...Module LLC continues to install bored piles without permitting documentation... the decisions taken at the meeting with the participation of Vice-Governor Vakhmistrov have not been implemented; landscaping that was disturbed during the construction of a residential building has not been restored; The creation of the sports ground has not been completed... Work on the organization of the sports ground at the specified address is carried out poorly, with deviations from the current norms and rules... design and executive documentation has not been submitted.” Is this not enough? A petition signed by the head of the district to revoke the permit issued to the Geron company by the state architectural and technical inspection... Evidence that Geron LLC has arbitrarily increased the territory of the construction site (which already exceeds 9 thousand square meters)... The verdict is laconic: work on the site must be stopped immediately.
Meanwhile, the work was still going on. “How can you trust an uncontrolled structure to carry out construction?” – the residents are perplexed.
At the same time, they are trying to influence the situation with the help of Themis. The district and city courts rejected the above-mentioned Tatyana Jalilova's claim; the documents are now being considered by the Supreme Court of the Russian Federation. The case is progressing as if Achilles will never catch up with the turtle - while the litigation is going on, the scandalous 16-story building has already materialized at the level of the 7th floor.
But the flywheel, launched against Tatyana Vitalievna herself, reached its maximum speed at lightning speed. As soon as the investor formulated his claims, Jalilova’s property was seized. Last November, the small apartment where Tatyana, a senior teacher at the International Institute for Advanced Studies “Perspective”, lives with her husband and two sons, was frequently visited by uninvited guests.
“They tried to break into our place three times in a month and a half. Five or six unknown men came at a time - they kicked the door, threatened to break it, insulted, intimidated, - say Dzhalilova and her neighbors. – A man who introduced himself as a bailiff said that he intended to describe and remove from the house all the more or less valuable things... After these raids, I felt bad every time, they called an ambulance. As soon as I get back from sick leave, and again...
By the way, Tatyana will also have to answer to the court for not letting in uninvited visitors. The summons has already arrived. The hearing on the fact of the administrative offense allegedly committed by Jalilova will take place tomorrow - Friday the thirteenth, on the eve of the old New Year. And the plaintiff in the “case of 400 thousand” also turned to the prosecutor’s office with a request to initiate a criminal case for libel: according to the applicant, in the house where the Jalilov family lives, someone distributed leaflets that undermined the business reputation of Modul LLC.
So, it seems that the resources of several legal codes are now being simultaneously devoted to protecting representatives of the construction market from annoying citizens.
NG promises to monitor developments.

Valeria STRELNIKOVA
Photo INTERPRESS