"Everyone understands well: no one can stand"

Owners of trade pavilions in Moscow - about how they will be demolished

On Tuesday, June 28, the Moscow City Hall announced the second stage of demolition of trade pavilions. In total, the authorities want to get rid of 107 objects - the Moscow government considers them self -construction. Owners of retail space through the Association of Real Estate owners turned to Russian President Vladimir Putin with a request to impose a moratorium on this decision. Medusa talked with the owners of real estate and their representatives: they believe that the capital’s authorities are acting absolutely illegally, since they have all the permits for buildings.

Irina

Lawyer, representative of the six owners of the trading pavilions

I learned about what they are going to demolish us by chance - I saw the news on the Internet. All six of our trading facilities in the Southern Administrative District were in the list of demolition. For each of these objects there are permits signed by the prefect of the district [now-vice-mayor of Moscow] Peter Biryukov-on approval of acceptance into operation, as well as permission for construction, land lease agreements-absolutely all the necessary documents.

In 2013, the prefecture, together with the Department of Property of the Government of Moscow, filed a lawsuit in the Arbitration Court with a request to recognize all our shopping rows with unauthorized construction and demolish them. But the court was on our side. Here is a quote from his decision: “Thus, the disputed objects do not meet any of the signs of unauthorized construction called in Article 222 of the Civil Code.” The claim was refused the claim, and the court decision entered into legal force. That is, the court admitted that our objects are not unauthorized construction, we have proved this then. I do not understand how to demolish legal buildings. Here is the decision of the arbitration court, is it - in general, is it not taken into account?

How can this be explained? Apparently, the government simply does not want to pay the owners, owners of real estate compensation for the market value of the property. Everywhere they write that they are ready to compensate for something, but this is only about the cost of demolition, that is, we will be shared by the amount that we will spend on the rental of a tractor or an excavator. I would like to ask: where is the compensation for the cost of the building itself, construction? After all, we still have an order to rent land for 49 years, our objects are standing there and could stand for a very long time if they had not been called unauthorized buildings now. It seems to me that this is somehow dishonest.

This whole procedure is also surprising: some two months are given to appeal. Despite the fact that it is immediately clear that it is impossible to appeal on procedural terms during this time: only the first instance will have time to consider the complaint. The city is observing its interests, no matter what.

In February, one of our objects fell into the first wave of demolition. And we are still judging that this decree on demolition is recognized as unlawful. Then we filed a lawsuit to compensate for losses - the government [Moscow] informed us that it was filed by a counterclaim. That is, not only do they call us illegal construction, demolished, and they are also threatened with monetary penalties.

So far I have not heard that someone managed to achieve at least some compensation for the demolition of trading pavilions in February.

My leadership has already gone to the Prefecture and the Prefecture and the Department of Property, and to the State Real Estate Inspection under the Government of Moscow, showed all the documents, the court decision, but this is not interested in someone. Naturally, there is no question of any other piece of land either - only on a common basis.

There are several network tenants in our pavilions, their business will not cause such a great damage as private traders, but still many have been working here for many years. Now everyone shrugs their hands, they do not understand what is happening at all, what to do next and why such lawlessness reigns in the country. The representative of the guarantor of the Constitution [spokesman for the President of the Russian Federation] Dmitry Peskov says that "stalls are not the Kremlin’s business." But in fact, these are not just stalls, these are whole buildings that have owners. We are accused of the fact that ownership was obtained by crook. All documents signed by Biryukov are now in front of me. So is he, then, a crook? Then he signed the papers, and now he says that these are unauthorized buildings? The country of the absurdity.

Alexander

The owner of the retail premises

I do not want to give my last name, because I also hope, to be honest, to get at least some compensation. The fact is that after the first wave of demolition, the owners of four objects filed a lawsuit and have already received compensation. They filed their claims about the unlawful inclusion of objects in the resolution [on demolition] immediately after it turned out - in December 2015. They lost the court, but lost for a reason. The authorities, of course, are not directly, but through intermediaries went to pay compensation. A few days before the final hearing to the owners of the objects included in the list of demolition, large entrepreneurs, developers, developers close to the Moscow authorities came, and offered them a certain amount, and in return they sold their companies or issued a power of attorney to participate in court. And already the lawyers of these major businessmen made the court to win the city. I was told that the owners were paid almost the market value of the objects, someone was given an apartment, someone money. The main thing now is to have time to file a lawsuit in the Moscow City Court on contesting the inclusion of the object in the demolition decree. What will come of it is incomprehensible, but since such a mechanism exists, then everyone wants to use it.

I understand perfectly well that after the Supreme Court made a decision that the city then, in February, came legitimately, most likely, he would not be a question of compensation. But I will try to use all possible options, I will evaluate the object, its market value, in order to then go to losses.

They are ready to pay only the cost of demolition: that is, I will give the brigade, they will break my object, add an excavator, dump truck, take everything away, put the tile, put things in order - and these works can compensate me. Not a market value, not a cadastral, but the cost of the liquidation of the facility. What is the point of doing this? I’d better stand for another month and get a month of rent.

A few years ago, I was filed a lawsuit against me for the liberation of the land, although I had a certificate of ownership and a cadastral passport. I won this court in the fall of 2015. That is, the city recognized my objects not by a unauthorized structure, but now the city hall, apparently, spit on this. Resolutions are usually signed by the mayor of the city, and in the hat a court decision is written “by the name of the Russian Federation,” that is, the mayor considers himself higher than the court. This is the violation of the Constitution, its 35th article says that it is possible to deprive a person of property only by court decision.

Now it is useless to contact somewhere. Everyone understands everyone perfectly: no one can stand. Yesterday I spoke with people from the prefecture, and they said that if the decision was made, they would demolish 100%. It is impossible to fall out of this list, although during the February demolition two companies did not eventually touched. Why they were not demolished, it is difficult to say-apparently, someone from the country's top leadership has some interest there. In general, it is almost impossible to understand at what level such issues are resolved.

Now, within seven days, a notice should come to the legal address of the company, and in the next month, the shopping rows will have shields with information about demolition.

In our country and in the city in particular, the rules of the game change every year: first we work according to some rules, then by others, and then, when we are just tired of them, they will demolish us all.

I know that in some private conversation [the head of the Department of Trade and Services of Moscow Alexei] Nemeryuk said that he was delivered by the head of the department in order to lobby large business. While empty areas will stand in shopping centers, he is not going to engage in small retail. It is necessary to drive buyers in these shopping centers. And how is it now to be a person who does not want to go to a large supermarket?

My tenants sell mainly farm products, bake bread, people work with whole families. I can’t even imagine where they can move: many rent a room for seven to eight years. Everything is busy nearby. And my object is quite nice, even participated in the competition for the most beautiful facade. But this does not bother anyone.

Semyon

The owner of the retail premises

Yesterday I was driving in the car and heard good news on the radio, I went on the Internet right there - and for an hour everything became clear.

Of course, I foresaw all this, but there was such a quiet hope that we will not be touched before the elections.

This legal squiggling, which allows the Moscow authorities to spit on all court decisions, was undertaken for Crimea, for a separate situation, so that there could be problems with self -construction ( meaning the amendments to the Civil Code in 2015 that simplify the demolition procedure; now they are disputed in the Constitutional Court - approx. Medusa ). All the “listers” have a court decision-I myself sued for four years-they all won, otherwise there was no 819th decision [of the Moscow Government on the demolition of trade pavilions]: bulldozers and excavators would immediately come, and no one would even argue with that.

Now you can, of course, contact the Moscow City Court, try to achieve the exclusion of the object from the resolution, but this is all floundering. All that we can now turn to the president to make noise. The Supreme Court admitted that the decision on demolition is legal. I am very skeptical about any possibilities to resist. Only if someone from above indicates the incorrectness of the actions of Mr. Mayor, but apparently, this will not happen. There are no legitimate ways. In the city hall, too, are not fools, and the lawyers there are sensible - everything is calculated. Mr. Sobyanin must pay tribute: he is a very systemic person. If Yuri Mikhailovich [Luzhkov] was such a barin: I want to sorry, I want an execution, then Sobyanin set the task of getting rid of what was - and he will get rid of.

Neither I, and no one else will deal with independent demolition, because this compensation will not help anyone. Well, you will demolish two million, and two and a half will be returned to you. It’s the same as taking your own child for a penny and throwing it away.

Regarding compensation for the cost of objects, I also do not build any illusions, all this information is unverified. Rumors are carried out, including lawyers, it is beneficial for them to turn to them with such matters. But officially no one received compensation, not even the methods of such payments. And then - what compensation if they recognize our objects with unauthorized buildings. And to refute the lies of all these departments is to spit against the wind.

I am very pessimistic. The authorities sing to us songs about three million empty retail space, but for trade, first of all, the flows of people and location are important.

I can tell from my own experience. I have a little bakery, as they say - a business for the soul. I decided to develop it - there are good masters, good quality - and try to rent a small area in Auchan. I am not a competitor to them: they have factory products, I have handmade. They told me: write letters. Wrote. In Auchan, you yourself know, places are immense. It was in January - and I am still waiting for an answer. This is that owners of shopping centers are not waiting for you with open arms. Sellers of Belarusian sausages are rented by me, they are cheap and good quality. But not a single retail will let them in, why someone to compete with their goods.

Now about 30 people work for me, plus logistics, delivery of goods, warehouse work-all this will be destroyed, a system that has been built for 20-25 years, will be destroyed in one fell swoop. On my object, two generations grew out of neighboring houses.

I cry on the treasury on the treasury of about 900 thousand rubles, all the taxes are white for us, one hundred thousand a month arrive for electricity. When they demolished me, the city budget will lose this. I really don’t understand logic: what - can we afford to lose jobs or taxes from taxes in a crisis? But no one thinks to explain anything.