The Constitutional Court allowed to put stalls in the yards

The Constitutional Court of Russia decided to remove local prohibitions on the placement of kiosks in the house territory. Residents must decide for themselves whether they can use their property for trading.

Entrepreneurs from Yaroslavl and Kaliningrad, as well as representatives of the Mirny HOA from Perm complained to the Constitutional Court (CS) of the actions of local authorities, whose decisions in terms of landscaping prohibit the placement of non -stationary trade objects in the house territories. The KS sided with the business, follows from the published resolution.

“The possession, use and disposal of land is carried out freely if this does not damage the environment and does not violate the rights and legitimate interests of others
Persons that correlate with the duty of everyone to maintain nature and the environment, take care of preserving historical and cultural heritage, protect the monuments of history and culture, ”the court decided. - <...> the rights and freedoms of a person and a citizen, including the right to private property and freedom of economic activity, may be limited by the federal law to the extent that it is necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensure the defense of the country and state security. ”

At the same time, the municipality has the right to demand compliance with certain conditions when installing kiosks, the Constitutional Court noted. For example - distances from buildings.

At the same time, the KS emphasized that it is necessary to distinguish between the categories of “Durship” and “Intra -Wrong Territory”. “The situation is widespread when the territory of the court forms the adjacent territories of several adjacent apartment buildings, as well as the land plots that are in municipal property or
The property is not delimited for, ”the resolution says.

During the year from the date of entry into force of the KS resolution, local governments must abandon the rules that completely prohibit the installation of kiosks in the house territories.