Translated material
The Public Chamber and Communists are going to deal with the circumstances of the demolition of self -building in the capital
The Moscow authorities reported on the night demolition of stalls and kiosks, which at the City Hall recognized as self -building. According to the head of the metropolitan regional inspectorate of real estate Sergei Shogurov, by the morning of February 9, more than 55% of the objects that planned to be demolished were “forcibly dismantled”. However, not everyone approved this initiative of the metropolitan authorities: the city hall was criticized for “abuse of the right”, as well as for “intimidation” of business and destroying trade near the subway. Representatives of the Communist Party and the Public Chamber (OP) intend to study cases of demolition of self -construction.
"The situation with the night demolition of tents in Moscow requires a thorough analysis for compliance with the law," said Alexander Brechalov, secretary of the Public Chamber of the Russian Federation, Interfax reports.
“We will understand. I know that the“ support of Russia ”took up this topic, but I repeat, those objects that I have seen probably (were demolished) legally,” TASS Brechalova quoted. He also added: "I do not know what happened that night, but I admit that it is legal."
The secretary of the chamber explained that he had experience in analyzing such situations several years ago. “We had a lot of emotions when the stalls were demolished in underground crossings. At first I also succumbed to this emotion -“ lawlessness ”,“ business on the street, ”he said. However, according to the results of the situation jointly with lawyers, it turned out that the vast majority of buildings were illegal.
The first deputy chairman of the Central Committee of the Communist Party Vladimir Kashin also spoke out for a thorough verification of self -building objects in Moscow, subject to demolition. “We need to deal with each self -building. Or it is again removed by pavilions, tents, which at one time gave permission for the appropriate construction, or again under the retail chains, everything and everything is limited and our domestic producer and small business are limited again,” the communist emphasized.
Sobyanin promised to improve the places where they demolished the Samostro
On the night of February 9, the Moscow authorities, with the support of bailiffs and police, began the demolition of trade pavilions in different areas of Moscow. Prefectures of a number of administrative districts of the capital, including the central, northern, eastern, organized the demolition of outlets in more than 50 city addresses in accordance with court decisions.
In particular, special equipment destroyed the designs near the metro stations "Chistye Prudy", "Taganskaya", "Shchelkovskaya", "Partizanskaya", "Sokol", on the streets of Lusinovskaya, Marxist and others. There are 104 objects in total. According to the authorities, all the objects of self -construction are on engineering networks and in the case of emergency, emergency services will simply not be able to eliminate the consequences.
Moscow mayor Sergei Sobyanin commented on the actions of the authorities on his VKontakte page. "Today, buildings illegally erected on engineering communications and over the technical zone of the metro were demolished for Muscovites. Objects were erected mainly in the 90s with obvious connivance or the assistance of officials," he said.
“The previous owners, with their desire, will provide the opportunity to build trading facilities in other places and on legally,” Sobyanin added. “I ask you to establish communications with the owners of former structures. If they want to engage in business and invest, provide them with such an opportunity on other land plots in accordance with federal and urban law,” the mayor entrusted.
The mayor promised to improve the places where the demolished objects were located. According to him, "there must be a restraint, construction garbage was removed, temporary improvement was created, and then, after design work, high -quality improvement was created" (quote for TASS).
In addition to the proposal of Sobyanin, there were several more possible options for improvement of places freed from self -building. For example, Timur Zeldich, Deputy Head of the Mosgosynd Inspection for Real Estate, spoke about the possible organization of parking lots at the site of the Larkov, and the representative of the Russian Orthodox Church, Archpriest Dimitri Smirnov, proposed to build temples instead of demolished in Moscow.
A member of the Chamber of Lawyers called the City Hall actions "abuse of the right"
Member of the Chamber of Lawyers of Moscow Arthur Ayrapetov in an interview with Kommersant FM called the demolition of self -construction "abuse of law." "All these real estate objects, capital real estate objects that Sergey Semenovich Sobyanin were demolished that night have the right to own. They are protected by Article 35 of the Constitution, which indicates that no one can be deprived of ownership, except by court decision," Mr. Sobyanin, unfortunately, the Moscow government actually replaced numerous decisions of the courts. "
According to Ayrapetov, "Mr. Sobyanin in 2015 lost absolutely all the decisions of the courts to demolish real estate objects." “When he lost these courts - I want to note that he lost not only the courts of first instance, but the courts up to the Supreme Court - he issued an illegal decision. In fact, depriving the possibility of judicial protection of the owners of the premises, investors in Moscow. In fact, today's businessmen of the orphanage - in Moscow there is no longer a owner who would protect them. Do you understand what happened?” he explained.
The lawyer pointed out why he considers the actions of Moscow to be unsuitable. Ayrapetov admitted that the mayor's office refers to changes in the Civil Code, which really entered into force in 2015: according to amendments, the city authorities have the right to demolish objects recognized by self -building.
"That is, the law suggests that if any object is recognized as self-building, Moscow or another city has the right to demolish it in administrative order. However, the article does not give the right to anyone, except the judicial authorities, to recognize the objects self-building. That is, the court must recognize your object self-building, deprive you of the right to lease to these lands, and only then Moscow may then To demolish you calmly, ”he emphasized.
In the community of residents of the Alekseevsky district,Facebook was dismantled on the example of one of the Svyaznoy pavilion, whether his demolition was legal. "The pavilion was built in 1996, later a certificate of registration of ownership was issued for it. Since 2013, the city authorities made attempts to demolish this building in the legal field, several statements were submitted to the arbitration court on behalf of the Prefecture of the SWAO, the Department of Urban Property and even the Hormist (since the construction was over the underground transaction). All the claims for the recognition of this building were illegal. Moreover, the court ordered the city property to conclude a land lease agreement with the owner of the building. Today, this pavilion was demolished, like many others, on the basis of a special order of the Moscow government, ”the report said to which references to the relevant arbitration materials.
Activist Vadim Korovin in his Twitter wrote: “If anyone did not understand, everything !!! 104 of the demolition of the object has certificates of registration of ownership (spelling is preserved. - Note Newsru.com )”, attaching a photograph of the relevant document of one of the enterprises.
Moscow City Hall was criticized for "intimidation" of business and destroying trade near the metro
Art critic and architectural critic Grigory Revzin in his Facebook wrote: “There is a legal aspect, and if we had some respect for the court, then the issue would have to be resolved there. Both stations (we are talking about the pavilions at the Pruda and Kropotkinskaya metro station . It is impossible, so that the capital construction could not be there by definition, in terms of status, these are temporary structures (20 years), they appeared in the early 90s, were repeatedly rebuilt, but permits, I believe, were the same, from the 90s-the term came out. ”
“I absolutely do not understand the reasons for the force of demolition. These were structures with an expired validity period, ok, then it would be necessary to slowly evict everyone from there, seal, turn off the networks and then demolish,” he added. “What is the point of demolishing with people and goods? An intimidation action, demonstrative cleaning of the business.” He also noted that the destruction of trade near the metro will be uncomfortable for the inhabitants of the capital.
In turn, oppositionist Alexei Navalny on his blog was indignant at the fact that the trials of stalls and shopping centers did not begin in relation to officials who allowed the construction of stalls and shopping centers.
“It was impossible to build it all without papers, approvals and bribes taken by all these, existing earlier and existing, Igasn, APU, Moskomarchitecture, Prefecture, the District Council, Mosenergo, Mosvodokanal and others,” Navalny was sure. "It is stated that 104 objects will be demolished. Please give me 104 criminal cases, or administrative cases, or at least disciplinary cases against former and current officials who allowed or" not noticed "construction," he added.
Earlier, the deputy chief of the Moscow Service Inspectorate Timur Zeldich said in an interview with Kommersant FM: “The logic of the city authorities is such that unauthorized construction objects that are built over engineering networks threaten life and health, including because they are on potentially hazardous engineering networks. Getting an examination that this facility is safe for the operation of such networks, a legally logical way It is impossible.
Journalist Oleg Kashin looked at the demolition of pavilions from the philosophical side, expressing in some way the Kafkian thought that the authorities of Moscow, as part of the entire ruling elite, strive to make people's lives not better, but on the contrary, to make them experience discomfort. “It can be assumed that their real goal is the production of instability and the constant invention of new forms of public discomfort. If so, then we are dealing with the most effective Russian authority in history,” he said in an article on Colta.ru . Kashin also noted that “bad socio -economic news of the last time also cannot ignore,” and suggested that such experiments with the demolition of self -building are part of a strategy that distracts dissatisfied people from economic and political upheavals. As an example, he cites shares of foreign currency mortgages and truckers : while there is, what to get angry with, in his opinion, they will not grumble at the authorities.
LDPR and Archnadzor supported the actions of the city hall
The LDPR approved the demolition of stalls and pavilions in Moscow, RIA Novosti reports. "The new authorities made the right decision. First of all, we must think about the feelings of people who enter the streets of the capital every day. At the sight of metal structures, many of them could have unpleasant sensations," the party representatives say.
“We are all interested in the appearance of our cities to have a original appearance. But the legacy left by the previous mayor Yuri Luzhkov turned Moscow from an original, bright capital into a city, which in some places resembled a medieval market,” the LDPR was confident.
Note that Arkhnadzor also supported the Moscow City Hall. "Many of these pavilions served as an unnecessary addition to the architectural landscape of monuments, city streets and squares in the center. I would like these processes to further affect a number of more capital, but from the no less unauthorized buildings erected both in empty places and in the places of demolished historical buildings," said the coordinator of Archnodzor Konstantin Mikhailov Mikhailov (Quote for "Interfax").