Bargaining is appropriate

Vladimir Resin proposes to resolve land issues in the mayor's office, not in court

Against the backdrop of a growing scandal surrounding the confiscation of plots of land from Muscovites in the village of Butovo, the capital’s authorities decided to amend the city’s land legislation. At yesterday's meeting of the mayor's office, the draft of a new city law "On land use and development in the city of Moscow" was approved, which will now soon go to the Moscow City Duma.

As explained by the head of the land resources department, Viktor Damurchiev, the new law with the old name was the result of work to bring city land legislation into line with federal law. However, judging by the text of the document, the city authorities tried not so much to comply with federal regulations as to use the gaps in Russian legislation for their own purposes. The city law, in particular, establishes that all state-owned lands in the capital are subject to division into federal and Moscow. At the same time, the text clarifies that only the Moscow government has the right to dispose of disputed land plots, the state ownership of which is not demarcated. In case the center does not agree with such wording, the text of the bill provides a long list of types of land plots that are not subject to alienation from the city under any circumstances: these are plots reserved for state needs, public lands, natural areas, etc. d.

An important innovation designed to put an end to the abuses of officials was a new procedure for calculating land rent. Now its value will not be set “by eye”, but as a percentage of the cadastral value and depending on the types of economic activities carried out on the site. A significant part of the bill is devoted to liability for various offenses. Fines from five to 500 minimum wages are provided, for example, for unauthorized movement of boundary signs, prolonged failure to develop a site, and exceeding construction deadlines.

But of particular interest, especially against the backdrop of the confrontation in Butovo, where yesterday residents were already building barricades in the way of bailiffs and writing an appeal to the president, the Federal Assembly and the European Court of Human Rights, is the section of the document devoted to the registration of land plots as citizens' property. If the project gains the force of law, Muscovites will have the right to own the land absolutely free of charge. True, provided that this land was in their lifetime inheritable possession, in perpetual use, or if the plot was provided in return for that seized for city needs. But it seems that residents of Butovo and other villages being demolished within the city will not be able to take advantage of the right to one-time privatization of land. This norm, apparently, was written more for the influential inhabitants of the cottages than for the evicted inhabitants of the outskirts, who suddenly found themselves on lands for which Moscow experienced an acute state need.

“Do I understand correctly that in the bill you diligently avoid the topic of compensation for land plots seized from citizens for urban needs?” - Deputy Mayor Joseph Ordzhonikidze clarified with the head of the land department. He immediately referred to federal legislation. “Compensation is paid based on an independent assessment of the land plot. This norm is clearly regulated and does not need clarification,” said Viktor Damurchiev, noting that he does not intend to respond in law to the inflated demands that residents of resettled villages are now presenting to the city. According to the official, in negotiations with them the city must be able to demonstrate “collective egoism.”

However, the head of the land department was immediately corrected by Vladimir Resin, acting mayor in the absence of Yuri Luzhkov. Having opened yesterday's issue of Vremya Novostey, the head of the capital's construction complex said that he completely agreed with the publication about the scandal in Butovo, which explained why it was more profitable for the offended residents of this village to deal with city officials rather than go to court (federal legislation, on which Muscovites hoped for, provide for much less compensation compared to what can be “bargained” in the prefectures). “The law should give residents the opportunity to resolve all issues through the Moscow government, and not through the courts,” said Mr. Resin, noting that “the better these things are spelled out, the easier it will be for us to resolve all these issues.” Reminding legislators that in accordance with the General Plan until 2020, it is planned to build 70 million square meters in the capital. meters of housing, the head of the construction complex asked the deputies to hurry up with the adoption of the document. “If there is no current law, then we will choke in resolving such issues,” he explained. And he reminded that there is no free land in Moscow, and any construction today is in one way or another connected with the eviction of residents, the withdrawal of enterprises and compensation payments.

Alexander GUDKOV