The first lawsuit against the “renovation” law adopted by the Moscow City Duma has been sent to the Moscow City Court, said on Facebook. opposition politician Dmitry Gudkov
He explained that the lawsuit was filed on behalf of a resident of Perovo, whose house, according to preliminary data, will be demolished. The lawsuit challenges several provisions of the law, one of which, according to the applicants, contradicts Part 3 of Article 35 of the Constitution (no one can be deprived of their property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation ).
“The law that was stamped by the Moscow City Duma was intended to sweeten the pill of confiscation of private property with beautiful promises - and resettlement would be “mainly” within the block, and the houses would be light and spacious. But the main thing in it was not this, but the fact that private property is confiscated without your consent,” writes Gudkov.
The “renovation” bill suggests that the house can be demolished if more than two-thirds of residential property owners vote for it.
The lawsuit also challenges the provision according to which votes for inclusion in the “renovation” program are taken into account, including at a general meeting of owners. Gudkov claims that the Housing Code does not stipulate such powers of the residents’ meeting. Both contested norms are contained in Part 1 of Article 3 of the draft law.
The lawsuit concerns a law already adopted by the Moscow City Duma and signed by Moscow Mayor Sergei Sobyanin. This document will come into force only after the federal bill, which has so far passed only the first reading in the State Duma.
The preliminary list of the “renovation” program included 4.5 thousand houses, voting will last until June 15.