We begin to test the public services market. Today - about how the summer residents of New Moscow are trying to prove that they are summer residents

The New Gazeta opens a new heading: our correspondents will try to check how federal and city services work. Let's start with the epic of the observer Alexander Chursin, who tried to legitimize the land, now already located within the capital - in a territory of serious interest for potential developers.

The New Gazeta opens a new heading: our correspondents will try to check how federal and city services work. Let's start with the epic of the observer Alexander Chursin, who tried to legitimize the land, now already located within the capital - in a territory of serious interest for potential developers.

Excuse me that about personal, but I think that the sore - since there are tens of thousands of thousands like me. So, I have a summer house in a garden partnership in New Moscow - 8 acres, an old Finnish house, a dilapidated bathhouse and a summer gazebo. For various objective reasons, I could not issue all this farm for various objective reasons.

In May 2013, he took up. I went to the website of the Department of City Property of Moscow (DGI) and read: “Registration of property (regulated by the Federal Law of July 21, 1997 No. 122-ФЗ“ On State Registration of Rights to Real Estate and Transactions with it ”) a simple procedure”. And then in the “Memo to the applicant”: a package of documents - no more than 6 pieces, a term of 20 days, and - literally: “We no longer require a cadastral passport, a discharge from the Unified State Register of Legal Entities, a notarial certification of the authorized documents” (see - and carefully - lower).

He collected all the documents on the list, which was published in the same place, and with Vera in the summer amnesty announced by the federal law went to the department.

On July 16, 2013 , my papers were accepted in the “One Window” service, they gave an extract and equipped the chief specialist N. Serdinova The deadline is 08/15/2013 .

I calmed down: I will receive registration, then - a cadastral passport and will own the cottages legally, pay taxes, and I can also give or bequeath, if I get bored. But - dreamed ...

August 12, 2013 - refusal to accept documents looked externally according to all the rules: number, date, executor Tkachenko O.L., signature of the deputy head of Prokhorov A.V. (Then he will still appear in a phantom in further correspondence). The base - there are no notarized copies of title documents. They - copies, in principle, were, but signed by the chairman of the partnership and with the seal of the SNT (horticultural non -profit partnership). Question: What did the chief specialist of Serdinova think about when I accepted the documents? And what did the one who scored the text on the official site think about?

I am a law -abiding citizen, albeit not immediately (trouble happened with the originals of the required papers: the country chairmen changed rapidly, which led to the loss of everything significant), but - restored. What I spent three months.

On December 5, 2013, he again knocked on the treasured “one window” of DGI on Bakhrushin Street, 20. But the documents were not accepted again, “friendly” - without official refusal - having advised to provide a description of the location of the summer cottage (in free form).

Described. In the course, I recalled the kind word of the chief specialist Serdinov, the performer Tkachenko and the deputy head of Prokhorov.

December 19, 2013 - the same “window”. And again, “in a friendly manner” wrapped-I do not have SNILS (data from pension insurance), without which no public services are not available. Well, yes, they somehow were unnecessarily; Maybe it is to blame for what, only at once why not to say about it?

The pension department promised to make SNILS by the end of January.

December 23, 2013 decided to complain to the mayor Sobyanin S.S. on his subordinates. The text was sent by registered letter to the city hall, a copy to the head of the Moscow State Institution of Moscow Efimov V.V.

On January 4, 2014, he received a postcard from the head of the letters department of the Moscow City Hall. My complaint was received on December 26 , numbered and it will be considered ... DGI, which, in fact, complained about. The phone was also indicated-8 495 959-19-55. Version: It is installed in the basement so that no one will hear calls.

The law gives officials 30 days to the answer. On January 28, 2014, he went to the DGI electronic reception to find out about the fate of his complaint. Five times I tried to send a request, in response a computer - how they persuaded! - Makes up "Error 405."

The mayor had to complain for the second time - his electronic reception worked without failures. The next day they sent the answer: the complaint was accepted. However, this did not add joy, because the complaint was again sent to DGI inaccessible in no way.

I had to return to the origins of communication: I tried the telephone connection. The telephone number of the head of the DGI, Mr. Efimov, indicated on the site with a pleasant female voice, informed which buttons to press in order to connect with different departments of the department. In the end, his voice warmedly warned: the conversation is recorded. The music began to play. The melody is tired in the eighth minute.

I dialed the number of the First Deputy Mrs. Solovieva. The pipe was taken on the move. He introduced himself in full form, asked to call himself and connect with the mistress of the phone. In response, they said: the secretary went out and help me, alas, no one can, and who answered the call is not at all. The dialogue with the reception of another deputy-Mr. Prokhorov ended equally meaninglessly. And only in the reception of Deputy Deputy Mrs. Afonicheva did I learn that the appeal was considered on January 23, the answer was sent to the addressee-that is, to me.

Meanwhile, he received SNILS. Hooray!

January 29, 2014 - DGI. The consultant of the “One Window” service Podolnitskaya E.V., referring to the point of administrative regulations, refused to accept the documents - the “cadastral number of the object of the land plot” was not indicated. (The site-I ask again-who wrote, Martians?) I had to go to the mayor’s electronic reception for the third time: tell me right away, what pieces of paper to collect, what to fool around?

On January 31, 2014, the already familiar head of the department of the city administration answered by e-mail that the deputy mayor for economic policy and property and land relations would deal with my problem.

Growing in front of our eyes.

February 3, 2014 . I can't be, I don't believe! The documents were accepted for consideration! The answer was promised to give on March 5, 2014 . It turned out 202 days, the Battle of Stalingrad lasted 200! But the devil with him - began to dream of a legal barbecue ...

On February 5, 2014, he received in response to a written appeal to Sobyanin an unsubscription from the DGI signed by the same deputy head of Prokhorov. I suffered for a long time on the translation, I understood this way: officials are very fond of referring to the administrative regulation of the provision of public services by the Department of City Property of the city of Moscow, which is generally absent on the website of the department. Secondly, special software was launched at the DGI-who does not fit into its parameters, he is not worthy of public service. That is - the fool himself, a citizen.

I want to note that I actually understand the electronic service. That, however, did not save me. Well, if only because it did not get rid of trips throughout the Moscow Region: the necessary certificates had to be assembled, wandering around the territory equal to Switzerland - from Podolsk to Odintsov. A very extensive “one window” turns out, although this did not help-I (documents), unlike grandmothers-punitive, gathered that in the end it was still to no avail.

On February 17, 2014, he received another response from the DGI (the executor of the document Zinkina G.V., signed the deputy head of Tetushkin D.N.). Officials report that they cannot issue primary property according to the country amnesty without the cadastral number of the land plot, but they do not give this number to me, because there is no document about property. For the fourth time, gritting his teeth, complained to Sobyanin. I’m waiting when they still find out the primary egg or chicken: what should be before-the number of the site or the ownership document (although, they will still send new certificates). Or, as the spiteful critics say, it will be necessary to expect state resellers who will offer-without the right to refuse-to sell my banking bank at the price that they will establish in order to ensure state needs.

Expert commentary

Marat Savyolov, managing partner of the law firm Confideri:

- The administrative expansion of the territory of Moscow created a number of difficult situations in legal terms. Their understanding, and most importantly, the search for correct legal positions for evaluating and resolving is not a momentary matter. For example, the ownership of land, transferred from the rural category to the city.

At the moment, there are no documents in the public domain that could definitely indicate that the Moscow authorities intend to somehow legally impede the registration of title documents of individuals during the initial execution of property, the commission of sale, inheritance or will of real estate in the form of summer cottages within the new urban areas.

At the same time, the practice of real estate agencies and firms specializing in the sale of suburban land and summer cottages notes in 2013 both a certain decrease in the number of transactions in the New Moscow region and the fall in the liquidity of this category of real estate. In the real estate environment, examples are also known when potential customers were convinced not to buy land plots in an attached territory due to registration problems.

In my opinion, this process has a decisive influence that the plan of urban planning and infrastructure development of new territories has not yet been developed, and, of course, in this regard, there is no clear idea of ​​where and on what scale the land will be removed, for example, for the construction of roads, industrial enterprises and social facilities.

Feedback

The New Gazeta addressed questions to the Moscow City Hall. Here are the answers

1. *In New Moscow, there are 220 thousand summer cottages. Most of the Moscow summer residents have already arranged property before the expansion of city borders. Will the city authorities in cases of, for example, inheritance or sales recognize the previous right -confirming documents or demand the execution of new ones? *

If there is information about the registered rights to the property in the Unified State Register of Rights to Real Estate and transactions with it, the execution of new documents will not be required.

2. *Many of the Moscow summer residents did not manage to register property and continue to stay in the status of a member of a horticultural partnership. Our correspondent has experienced the procedure for such registration and found that the Department of Urban Property of Moscow does not always extend to them the so -called country amnesty and erects bureaucratic obstacles when registering property rights: for example, it requires documents that are not included in the list published on the departmental site. The site promises citizens a simple procedure as soon as possible. Comment on these facts please. *

The registration of land and legal relations for land plots in the territories of garden non-profit partnerships is carried out exclusively in accordance with the provisions of Federal Law No. 66-ФЗ “On Gardening, Ogorodniki and Summer Non-Profit Associations of Citizens”.

If a citizen has a document establishing or proving the right of this citizen to a land plot, then the registration of land plots according to the so-called “summer amnesty” is carried out by the Rosreestr authorities in accordance with Article 25.2 of the Federal Law No. 122-ФЗ “On State Registration of Rights on Real Estate and Transactions with Him”. In this case, the adoption of additional decisions by state authorities on the provision of a land plot is not required.

If a citizen does not have a document confirming his right to free receipt of a plot, the provision of a land plot to property in this case is carried out by the Department of City Property of the city of Moscow. Thus, the Department provides a public service - "Providing a land plot free of charge to citizens and legal entities." The entire algorithm for the work of the Department for the provision of this service is prescribed in the administrative regulations of the provision of the public service “Providing a land plot for free for property to citizens and legal entities”, which was approved by Decree of the Government of Moscow dated 05.15.2012 No. 199-App “approval of administrative regulations for the provision of public services by the city property of the city of Moscow”.

According to clause 2.7 of Appendix 12 to the specified decree of the Moscow Government, when applying for this public service, the applicant submits the following documents (a list of documents necessary for the provision of public services is comprehensive):

• request (application) for the provision of a public service (drawn up in the form of a document on paper, in accordance with the relevant application to the regulations);

• identity document of the applicant;

• the conclusion of the board of the non -profit association, the member of which is the applicant, on the conformity of the location and area of ​​the land, in respect of which the request is submitted, the land plot actually used by the applicant;

• description of the location of the land prepared by the applicant;

• Notarized copies of documents certifying (establishing) the rights to a land plot of a garden, garden or country non -profit association, a member of which is the applicant, if the rights to the land plot in accordance with the legislation of the Russian Federation are recognized as arising regardless of their registration in the Unified State Register of Rights of Real Estate (are submitted in the absence of information about the rights to the land plot In the Unified State Register of Rights to Real Estate and Transactions with it).

If earlier not one of the members of this non -profit association has made a statement on the provision of a land plot to property, it is necessary to submit additionally:

• certified by the board of a non -profit association a copy of the title document on a land plot constituting the territory of this non -profit association;

• an extract from the Unified State Register of Legal Entities containing information about this non -profit association.

All documents must be submitted to the “one window” of the department. Possible difficulties in issuing an appropriate order of the Department can arise only in case of improper readiness of documents.

3. *What compensation will those summer residents receive, whose registered cottages will be in the way of construction? *

In accordance with the Land Code of the Russian Federation, the seizure, including by ransom, is carried out exclusively for state or municipal needs. For example, it is necessary to fulfill the conditions related to the implementation of international obligations of the Russian Federation, or it is necessary to place objects of state or municipal significance (these include - objects of federal energy systems and objects of energy systems of regional significance; objects of use of atomic energy; objects of defense and safety, etc.), provided there are no other options for their possible placement.

At the same time, the owner of the land must be no later than a year before the upcoming seizure of the land plot in writing is notified of this body that made the decision to seizure. The purchase of a land plot before the expiration of the year from the date of receipt by the owner of such a notification is allowed only with the consent of the owner.

Relations arising from the annexation from 01.07.2012 to the city of Moscow, including the grounds and procedures for the seizure of land and other real estate objects are regulated by Federal Law No. 43 -ФЗ “On the Features of the Regulation of Certain Legislations in connection with the attachment to the subject of the Russian Federation - the city of federal significance to the territory and on the introduction of changes to individual legislative acts of the Russian Federation” (Chapter 2 of the specified Federal Law).

At the same time, it should be noted that the scope of the specified federal law is limited by cases of seizure of property in order to place objects of federal and regional significance, the placement of road roads of federal, regional or inter-municipal, local importance, or transport and transition nodes. Procedures for the registration of land and property relations for placing other objects are regulated by the general provisions of the legislation of the Russian Federation.

Перечень объектов федерального значения, подлежащих размещению на присоединенных территориях, для которого применяются особенности подготовки и утверждения документации по планировке территории, резервирования земель, изъятия земельных участков и иных объектов недвижимого имущества, предоставления земельных участков, установления сервитутов, предусмотренные Федеральным законом № 43-ФЗ, утверждается Правительством Российской Федерации.

Возмещение правообладателям стоимости изымаемого недвижимого имущества убытков, причиненных его изъятием, осуществляется в соответствии со ст. 13 Федерального закона от 05.04.2013 № 43-ФЗ.Размер возмещения стоимости определяется на основании отчета об оценке, подготовленного оценщиком по заказу органа исполнительной власти, принявшего решение об изъятии недвижимого имущества.

При этом в случаях изъятия земельного участка и иных объектов недвижимого имущества, необходимых для размещения объекта регионального значения, возмещение стоимости осуществляется за счет средств бюджета субъекта Российской Федерации - города федерального значения Москвы.В случае изъятия земельного участка в интересах лица, которым в последующем будет осуществляться строительство объекта федерального или регионального значения, возмещение стоимости осуществляется за счет средств указанного лица.

При расчете размера возмещения стоимости изымаемого недвижимого имущества указанная стоимость определяется на день, предшествующий принятию решения об утверждении документации по планировке территории, предусматривающей размещение объекта федерального значения или регионального значения, для целей размещения которого осуществляется изъятие недвижимого имущества, исходя из разрешенного использования земельных участков на день, предшествующий утверждению документации по планировке территории, предусматривающей размещение данного объекта.

Руководитель Пресс-группы Управления
заместителя мэра Москвы по вопросам
экономической политики и
имущественно-земельных отношений
Оксана Вагина