A resident of the Izmailovo district of the Eastern Administrative District of Moscow filed a lawsuit with the Moscow City Court against the Moscow government. She asked the court to cancel Resolution No. 245-PP concerning the renovation program, which, in her opinion, violates the provisions of the Civil and Housing Codes, as well as the Constitution. This was told to Novaya Gazeta by the plaintiff's representative, head of the legal department of the Anti-Corruption Foundation (FBK) Ivan Zhdanov.
In the application, a copy of which is at the disposal of the editors, the plaintiff asks the court to cancel the effect of Decree No. 245-PP of the Moscow government. This document establishes the voting procedure and the rules for including the house in the project for the demolition of five-story buildings in the capital. According to this resolution, the city authorities have the right to include a five-story building in the program if 2/3 of the apartment owners voted for the demolition of the building.
According to the plaintiff, the decision violates the owner's rights "to determine the legal fate of the property." The statement notes that, according to the resolution, the “opinion” of the residents of the houses is not legally binding” for the Moscow authorities when deciding whether to include a particular house in the program.
“The opinions of the owners are not binding, but are only subject to “identification” and “accounting” in the framework of all voting procedures: within the framework of the Active Citizen project, in any multifunctional center for the provision of public services, and even by holding a general meeting,” the statement says. .
Recall that the same resolution No. 245-PP was previously asked to be canceled by the municipal deputies of Moscow. They appealed to the prosecutor's office, to the mayor of the capital, Sergei Sobyanin, and Russian President Vladimir Putin. According to the deputies, the document "allows the destruction of the private property of hundreds of thousands of citizens by the decision of their neighbors." At that time, 68 deputies from different municipalities of the capital signed an appeal with a request to cancel the resolution. They also pointed to violations of federal laws and the Constitution of the Russian Federation.
In addition, the day before, a resident of one of the five-story buildings in Perovo also filed a lawsuit with the Moscow City Court challenging the legality of the Moscow law on renovation.
in Moscow On May 14, a rally was held against the demolition of five-story buildings. According to the White Counter, 20.2 thousand people took part in the action.
Recall that the preliminary list of five-story buildings to be demolished included 4,566 houses in 85 districts of Old Moscow and six settlements in new territories.
Earlier, the Moscow authorities said that the program plans to resettle about eight thousand houses, in which about 1.6 million people live.