Citizens, cook millions!

St. Petersburg officials prepared to charge the same rental fee from the townspeople as from merchants and industrial enterprises.

On Tuesday in the Krasnoselsky District Court, a court hearing on the lawsuit of the district kuga against a pensioner, disabled group of the group II Larisa Viktorovna Golubeva should be held. Officials file a lawsuit for one and a half million rubles, operating with the indistinctly prescribed provisions of the official methodology for calculating the rent. If the court goes to the wake of Kugi's vigorous officials, this may become a precedent for subsequent cases: according to the “new” information, only in the Krasnoselsky District Court about one and a half dozen claims for the recovery of hundreds of thousands and millions of rubles from the owners of the summer cottages and personal plots on the same grounds.

“You see, the trash formed here again!” The hostess shows the garbage dump, gathered behind her fence over the past few months. “And we tried so hard that it was clean here.”

The story with the site of Larisa Viktorovna is simple, even banal and familiar to all owners of such modest summer lands not only in her native Volodar. The Golubevs have a plot of ten acres with a small house. They live here only in the summer: beds, a small lawn, a shed with instruments - ordinary country joys. One side of the fenced area goes out into the street, the opposite - to the swamp and a rare forest. For some reason, it was the backyard of the site of Larisa Viktorovna that neighbors (according to a pensioner who mainly temporarily living there migrant workers) chosen for a landfill. The centralized garbage collection in the village is not organized, each summer resident copes with this problem as he can, as a result, under the fence of the Golubevs, heaps of garbage were lying for more than one year.

In the end, Larisa Viktorovna with relatives and friends solved this problem: they dragged the garbage buckets and burned it at the stake in their own site, then, in the same buckets, they applied soil from the forest and filled up a flimsy swamp. The result was a completely decent lawn, which Larisa Viktorovna was fenced by a fence to a small editorial. The trash migrated to other places. And the Golubevs on the formed lawn put a bathhouse.

All the neighbors saw this and reacted quite calmly. But from one of the neighbors about a year ago, the relationship was seriously deteriorated, and so coincided, it was then that Golubeva received the first letter from the supervisory authorities with a categorical requirement to make out the fence and the bathhouse and pay a fine. What she did: she paid a fine of 700 rubles, removed the fence, began to disassemble the bathhouse.

“I understand that it’s guilty, and I don’t refuse to pay a fine,” says Larisa Viktorovna. “I paid, thought it all ended, and then the agenda came to court.”

Rental drawbar

From the amount of the lawsuit, it closed in the eyes: Kugi demanded to pay 1 million 300 thousand rubles for the "unreasonable enrichment" plus interest, only more than one and a half million.

According to the "new" lawyer Alexei Mankevich, representing in court the interests of Larisa Viktorovna, this wild amount grew out of the peculiar ideas of officials on the procedure for accruing rent for land from ordinary citizens. Decree of the Government of St. Petersburg of November 26, 2009 developed "Methods for determining the rent for land plots in the state ownership of St. Petersburg, on special cases and the procedure for determining the rent."

The amount of the rent is made up of different indicators - depending on the place where the site is located, its size, and use. Indicators are determined by different codes and coefficients. The maximum coefficient is a unit, the minimum is zero. Depending on the code of functional use of the territory (KFT) assigned to the site, the coefficient is also established. If you are engaged in some socially useful things on your site, you are reduced by the coefficient. If you are a hero of labor, the Soviet Union or Socialist Labor, the full holder of the Orders of Glory or Labor Glory, if you are a disabled person of the I or II group, a zero coefficient is established.

But there is a code under number 18 in the list: he says that you can use your site as you like, but the rental payment will be charged according to the maximum coefficient - 1. The rental regulations written that this code 18 is always applied when the lease agreements are always indicated if your type of activity is not indicated in the official list of activities that give the right to calculate on a reducing coefficient. True, provided that you make up an inventory at your site. This item was created for businessmen, entrepreneurs, firms. And for individuals who are engaged in their garden, garden, auxiliary farm, there is no specially prescribed graph.

Arbitration practice has already shown: from enterprises, from business, such a high coefficient is easily recovered. But so that this is not the case from individuals, and, perhaps, the trial in the Krasnoselsky district is the first swallow, working out the methodology for calculating lease on specific people. Now Kugi requires a disabled group of group II to pay for rental by code 18 with a coefficient of 1.

The budget needs money

Kugi considered it simply: Golubeva’s cottage is located in the 12th zone, here the base rate is code 18 with a coefficient of 1, like a businessman,-3740 rubles per square meter. m per year, the Golubevs equipped 4 and a half hundred (450 sq. M) plus interest and a fine - it turns out almost one and a half million.

“But the rent is calculated exclusively for actual use,” says lawyer Alexei Mankevich. “Golubeva is engaged in a personal economy that may be a bathhouse for personal use. In extreme cases, the coefficient as housing, hostels, houses of cottage and a personal type with a minimum coefficient of 0.01 (code 1.1 s should be applied to it. The coefficient of 0.0035).

Now behind the destroyed Golubev fence are again mountains of garbage from nimble neighbors. The ruined area looks sad. Larisa Viktorovna almost cries: "Why was it to destroy the bathhouse! If this land were transferred to someone else, I would have given them a bathhouse! After all, how much work was put into it!"

According to Novoselsky, Krasnoselsky Kugi prepares dozens of such claims for owners of summer cottages in Volodar, and there are also Mozhayskoye, Toriki, other villages: as one of the local officials said, who asked not to give his surname, the city kuga requires the district unit to apply this very 18 with a coefficient of 1. That is, the owners of ordinary plots are threatened Million fines.

“I believe that this will only lead to the discharge of social tension,” Alexei Mankevich believes. “I can say with a certain degree of confidence that the“ methodology for calculating rent ”was developed not with the aim of enriching the state at the expense of ordinary citizens, but in order to streamline the issues of pricing for specific entrepreneurs. However, its application raises many questions for those who apply it to practice, in particular, to officials Kugi is an indicator of glaring immorality or the complete legal illiteracy of officials who either do not want to fulfill their own laws, or cannot even read the normative act that the moral side of the issue is required to be guided by, it is not necessary to discuss here - it is clear that the state is rich and flourished if it is rich in citizens, and not vice versa. ”