The city authorities launched a large-scale campaign to demolish the dangerous squatter. About 700 pieces of equipment were sent to fight against illegal trade pavilions in the amount of 97 objects. In total, all these self-construction facilities took away from the townspeople about 50 thousand square meters public spaces - an area comparable to the area of seven football fields at once.
“These facilities are located on engineering communications, which means that they are potentially dangerous both in themselves and from the point of view of engineering networks operation. Firstly, none of the supervisory authorities knows how these facilities were built, to what extent the relevant norms and rules were taken into account. Secondly, for example, in case of any accident of a heating system or a gas pipeline, emergency services will not be able to promptly eliminate the consequences, simply because they are hindered by an unauthorized construction site, and in fact already a capital one, ”said the First Deputy Head of the State Inspectorate for Control over the Use of Facilities real estate in Moscow Timur Zeldich.
The Moscow authorities adopted a decision to demolish 104 illegal buildings at the end of last year, on December 8. The federal amendments to Article 222 of the Civil Code gave the green light to the fight against unauthorized construction. Officials promised to pay compensation to the owners of illegal buildings. True, only those who go to the demolition voluntarily and terminate the right of ownership. As explained to "Rosbalt" in the department of economic policy of the capital's mayor's office, the issue of compensation is within the competence of the prefectures, and in each case it is the prefectures that determine the amount of payments, guided by the resolution of the mayor's office.
The deadline for the owners of 97 illegal buildings to be dismantled by the city authorities expired on February 8. As Rosbalt was told in the press service of the State Inspectorate for Control over the Use of Real Estate, only one owner took advantage of this opportunity - the owner of a gas station in Zelenograd. As for the remaining 96, someone simply packed up, freeing the premises for demolition, while someone resisted the decision of the authorities to the last, preventing the operation of equipment.
They demolished illegal, according to the authorities, objects by the forces of the State Budgetary Institution " Car roads". Among others, retail facilities were dismantled near the Chistye Prudy, Taganskaya, Sokol, Partizanskaya, Shchelkovskaya, Arbatskaya, Ulitsa 1905 Goda and Marxistskaya metro stations. The list also includes the Pyramida shopping center next to the Pushkinskaya metro station, shopping pavilions at Dynamo, Kropotkinskaya and Mayakovskaya.
According to the profile state inspectorate, in total, all these unauthorized construction sites took away from the townspeople about 50 thousand square meters. m. of public spaces - an area comparable to the area of seven football fields at once.
“Unfortunately, in the 1990s, objects were built around metro stations that are located on engineering communications, in the technological zone of the metro, pose a danger to those who work in them and those who are served, and, of course, create a lot of inconvenience for those who use the subway and, upon exiting, are faced not with an area that would be ventilated, but, in fact, with some kind of bazaar, arbitrarily erected, ”the mayor said today at a meeting in the mayor’s office.
Sobyanin instructed to restore order in the liberated territories as soon as possible, remove construction debris and temporarily improve the sites. It is planned to start permanent improvement only after the design work. According to the mayor, these will be “significant projects”, which he instructed to coordinate with Muscovites.
The mayor also instructed to establish contact with the owners of the demolished structures. “If they want to do business, if they have money to invest, it is necessary to provide them with such an opportunity on other land plots – in accordance with federal and city legislation,” the mayor said.
“Samostroy objects, especially those located in the historical center, disfigure the appearance of our city. Such buildings are a shameful legacy of the 90s, they were erected not only without taking into account the architectural features of the city, but also without taking into account even minimal aesthetic considerations. Their owners had only money in their heads,” said architectural historian Alexei Klimenko.
Despite the obvious arguments in favor of such a decision, a discussion broke out today on social networks around the demolition of shopping facilities. The fact is that in the appendix to that very decree, almost the entire "squatter" is listed with the indication of cadastral numbers. So, opponents of the demolition point out that it was erected with the permission of the former authorities.
“It is necessary to check the legitimacy of the decisions made for each object,” said Dmitry Sazonov, chairman of the commission of the Chamber of Commerce of the Russian Federation for the development of small and medium-sized businesses. - It's no secret that in Russia, especially in Moscow, there is enough self-building. If we are talking about retail facilities, this is always unfair competition, and we need to put things in order. But this must be done exclusively in the legal field.
The actions of the city authorities aroused interest in the deputies. According to Valery Rashkin, a State Duma deputy from the Communist Party of the Russian Federation, today he sent a request to the Prosecutor General with a request to check the legality of the demolition decisions. According to him, some of the owners have documents on the ownership of these objects. “Since there are documents, it means that it was necessary to either conclude agreements with them on the provision of other sites, or deprive them of their property rights through the court, if we are talking about violations on their part. But this still needs to be proven, ”Rashkin explained his act.
Anna Semenets
The night of February 8-9, 2016 will go down in the history of Moscow and in the history of Russian Facebook. Across the capital, several dozen shopping pavilions were demolished overnight - some of them (for example, near the Chistye Prudy, Arbatskaya or Kropotkinskaya metro stations) had been standing there for years. IN in social networks and the expert community, disputes unfolded about how legitimate and justified the Moscow "Night of the Long Buckets" was.
The first associations were not very pleasant for the Moscow authorities.
Today in Moscow is "kristallnacht" for business.
"Night of the Long Buckets" is a genius joke.
Tonight, apparently the last 104 kiosks are being smashed and cut down all over Moscow. On the basis that "they pose a danger": "A danger to the supporting structures of the subway, a danger to evacuation in case of a terrorist threat" - and many other terrible dangers are listed to us, which suddenly began to come from kiosks that had been standing for decades - and nothing, the supporting structures of the subway somehow withstood them. Sergei Sobyanin's war on kiosks is clearly paranoid.
The word "war" for evaluating events sounds quite often in general.
In general, today is a historical night, of course. At the same time in dozens of places in Moscow, just some kind of barbarossa, wow.
The mayor of Moscow organized a night special operation throughout the city - to destroy property and jobs of citizens. It has something about movies about treacherous attack fascist Germany.
And you know what else is so annoying? This type of action - as if the city is being stormed. Woke up on a summer morning - wow! the entire center is dug up, the lanes are closed with concrete blocks. Woke up on a winter morning - oops! there were tents, pavilions, etc. - and there are none, piles of garbage. These operations are of the military type, why is this?
War as a way of existence. First, citizens, taking advantage of the weakness of the state,<обманули>him by building these stalls. Gaining strength, the state<победило>citizens. With special cynicism, in the usual style of a special operation, at night, with a muzzle in the snow. That's how we live. Unhappy country.
The network is full of photos and videos from the scene. The associations are really quite creepy.
There is also a lot of evidence of a "special operation" - something like this.
I went to the "night of long buckets" in the Airport area, I was impressed.
Almost military operation: cops in helmets and armor, flashing lights, special equipment, a roar and dozens of shops bursting under the weight of bulldozers. Here we bought cakes, here cutlets. Here you had to go with a piece of paper to the cashier and name the code for a light bulb, antifreeze or gloves with bubble wraps - wonderful, of course, but we don’t have another spare parts store here in the district.
Now, here, a mountain of flowers on frozen asphalt, confused saleswomen against the backdrop of seven cubic meters of construction debris. Someone is being pumped out in an ambulance. A friend is looking for a job for the first time in twenty years. The owner of the pavilion, trying to defend her right to pay taxes here, won two court cases, but “get behind the fence” - you can’t argue against physics, the police are stronger, you must obey their pokes.
Where there is war, there is the Supreme Commander. Some kiosks were demolished, despite the portraits of Putin pasted on their windows.
St. Vladimir Krymnashsky, patron saint of tenters
"Closer to the heart, we pricked the profiles so that He could hear how the hearts beat!"
It seems that the owners of buildings being demolished in Moscow are hanging portraits of Putin as icons. They hope that they will not dare to demolish the windows with the sacred face.
But seriously, behind each of these demolitions are simple human tragedies.
Just imagine. You have bought a property. Checked all documents. They paid the money, most likely - partially borrowed. Received a certificate.
And then an uncle from the city hall comes to you and says: and now we will demolish it. No compensation.
And if someone thinks that this cannot happen to his dacha, house, cottage, he is greatly mistaken.
In the glorious city of Saratov, not so long ago already inhabited townhouses were demolished. Families with children were evicted with riot police.
So, okay, are you for the demolition or against it? Comments are open
There were both supporters and opponents of the special operation.
I would like to understand why it had to be done this way. At the level of adoption and implementation of the resolution, I consider this happiness.
Against, although outwardly I did not like them. It is impossible to treat private business in this way, especially at the present time. Thousands of people will now be out of work, and we will go to Auchan for chocolate.
There are those for whom "not everything is so simple." Opinion of the author of the photo essay in Novaya Gazeta Evgeny Feldman:
I am in mixed feelings
on the one hand, it's all great, the city is getting cleaner, public spaces, benches, trees and the police are chasing excavators with the words "get off the road, get out, get on the bike path and shoot"
on the other hand, a lot. Here are the entrepreneurs, they did not pay any bribes, but paid rent. After all, they invested in all these stalls, in all these pharmacies and "Uncle Borya." and they are evicted without any compensation, also warning the devils how - in words they said "after the eighth we will demolish", in the end they started right on the eighth night. there are still courts going on, they write on the banners. as a result, they had to endure all their belongings right now, in the night - that's why?<...>
and fourthly, you understand, when you walk down the street in New York, then there are all the first floors - in shops, cafes, laundries. and the city is actively engaged in the regulation of rental prices, so that everywhere there are places necessary for life.<...>and we have a clean editorial office - and they demolished the most convenient pharmacy in the area, the only photo printing station, one of the two grocery stores ... the city must first provide normal prices and normal places for all these pharmacies, flower shops and other rock shops, and then demolish all these illegal stalls. and with respect to entrepreneurs, of course.
they are doing a good job, and such a disgrace in the process.
On the one hand, kiosks disfigure the city, on the other - "Atrium" on Kurskaya - the same kiosk, just big, on the third - it cannot be demolished like Mamai, without trial, on the fourth - and it was impossible to build illegally and in collusion with officials .
In general, I have complex feelings.
The main argument of demolition advocates is aesthetic. The stalls, they say, disfigured the city, and their demolition is intended to give it a "European" look.
THE END OF A HORRIBLE AGE
On the night of February 8-9, Moscow began demolishing the ugly squatter building that had been littering the capital for over 20 years.
Recall that the city authorities ordered the demolition of 104 unauthorized buildings erected in violation of the rules and building codes.
Finally!
The ugly 90s and Luzhkovism are gradually leaving Moscow. Good!
Do you seriously consider city hall officials and security guards who have their own rather big gesheft on the stalls to be small businesses?
Thank God, is it possible that this plastic rubbish, which disfigured "Chistye Prudy" to smithereens, simply destroyed the square, will finally be demolished. Small business, of course, should be only in the first floors. Evenly throughout the city. And not at the points of transport hubs. Where there are not enough places. By the way, it is precisely such shopping malls with thousands of square meters of trade at the point of the transport hub that burn out the rest of the small business in the area with napalm. However, of course, of course, no one will allow small business to develop humanly. Small businesses are already destroyed. But the construction of plastic crap in the historical center and the transformation of the squares in front of the metro lobbies into a filthy, spit-out bazaar with leaky toilets must be unambiguously destroyed. It is absolutely impossible to disfigure the architecture of your own city.
It's only morning, and some Muscovites are already crying that they can no longer buy in cardboard stalls near the metro:
grilled kuru, cheap headphones, shawarma, fleece tights, singed alcohol, cheap mobile phones (stolen or even worse), cat whites, imported boots, SIM cards without a passport, a fur coat, breath-freshening chewing gum, a winking icon, spices, camel hair socks, purple dildo, dog butt pie, orange nail polish.
I'm sorry, but I can only say one thing about this. FINALLY. Stop disfiguring my city with this Asianism.
The Moscow of my dreams is a city of gardens, antiques, and openwork glass buildings.
In short, war to stalls, peace to agricultural fairs, cozy cafes and online stores!
There is also an argument like this:
Colorado-entrepreneurs who were yesterday apparently illegally demolished of your property, tents, kiosks, shops all over Moscow with iron, but polite, equipment.
Yesterday was your "Little Crimea", when the legalized property was suddenly seized by force by the decision of one of the parties.
Colorados of other categories, your "Little Crimea", if it has not yet begun, but not far off, because you, the Colorado brat, spit on someone else's property rights until it touches you yourself. Someone has now spat at you.
The main thesis of opponents is that the Moscow authorities and Mayor Sobyanin trampled on property rights and dealt a blow to small businesses.
Now read the endless posts of aesthetically motivated citizens about the fact that finally these ugly shops near the metro are being demolished, and now there will be "beauty" and "like in Europe."
People defend the bombing of Moscow by Sobyanin, "well, it was ugly."
Aesthetes, only aesthetes around. The rest of the Luzhkov-Sobyanin architecture does not touch them, but shopping centers at the subway - enrage.
Thousands of people are left without work and business in the midst of the crisis. Tenants who were not in business at all. They and the landlords were given 60 days to leave with their belongings. This is madness.
Regarding the demolition of tents next to the picturesque historical subway pavilions ... But then it is necessary to demolish all the houses around in European cities cathedrals in the center. They also distort the original perspective. There is a cathedral, say, of the 14th century, all covered with squatter construction of the 15th-19th century. Disorder.
in 2016, to argue the decisions of the Moscow authorities with the category of beauty is at least strange. There is a crisis in the country, the belts have been tightened for a couple of years. Under such conditions, taking away from people their small source of income is unnecessary sabotage. A war against our own citizens, a war to make things a little worse for them. A logical continuation after the stampede of geese by tractors at the border.
The main thing is that they suffered ordinary people. People who are in a crisis were already on the verge of survival. Any struggle for little things in the economic situation in which we find ourselves is inappropriate. When you rejoice at how Sobyanin cleared something with an iron fist, think about a thousand little children of sellers who lost their jobs overnight, who simply have nothing to eat today. For me, when choosing between a stall and a hungry child, the choice is obvious - a hungry child.
The argument "today stalls - tomorrow people" is generally repeated by many.
It would also be nice to clear Moscow of little people. They also ruin the look. They already cleared it once, at the inauguration, but then they ran again.
From the most memorable - fierce, just fierce hatred of any kind of business among the policemen who commented on what was happening. Every chaser who destroys private property absolutely believes he is right. He does it with honor. With dignity.
I wonder if they are wondering how and who will pay their salaries from taxes when they take away the last source of income from the last businessman?
In general, they demolished the stall - they got into entrepreneurship and capitalism (and, ultimately, Russia). Many commentators think so.
Why are trade pavilions being demolished in Moscow?
Because that is the nature of domestic power. She absolutely, sincerely hates everything that is beyond her control. Small and medium business is exactly what Lenin called "the petty-bourgeois element, hourly generating capitalism."
This power is genetically communist. She hates capitalism. And the associated freedom.
Always write the obvious.
This, of course, is not about fast food and other junk. Not even about two or three thousand people left without work during the crisis, although they are terribly sorry. This is about the court, which does not exist, and about the right to property, which does not exist. Actually, when the ruble falls, the stock exchange, excellent students leave, C grade students send their children away - this is exactly what it is about. About the lack of property and court.
I am almost sure: the nightly pogrom of the last Moscow kiosks and shops is not a local fool of Sobyanin who hates Moscow, but part of a large all-Russian project to destroy ANY business independent of the authorities.
The goal is to achieve a causal relationship between loyalty and the ability to somehow make ends meet.
And generally speaking. At one time, collectivization was carried out not so that there would be more grain, meat and milk in the country, but in order to "destroy the kulaks as a class" - so that there would be no independent wealthy peasants who do not need handouts from the state and decide for themselves how to live. To have only disenfranchised half-starved collective farmers - such a revolt will not be raised.
Now the country is liquidating the middle class, if anyone does not understand.
The defenders of the “stalls” place the accents in different ways:
Liberals compose that the fierce hatred of Sobyaninism for small business is, in addition to a passion for "beauty", some kind of gesture of suppressing independents and dissenters, almost genetic communism. Oh no.
Hatred of small business is above all a property of big business.
Officials love big profits, monopolies, networks and corporations flourish around them. Everything should be large-scale and expensive, then they will put more in your pocket.
But in the main they more or less agree.
Gross violation of property rights, destruction of jobs in a crisis - "mayor" @MosSobyanin criminal and pest
Night of long stalls. The architectural appearance was spoiled - perhaps. Documents - did not check. But one thing is clear: that the symbol of relations between the city and small business in Moscow is an excavator. Who demolishes tents at night: with goods, with people inside.
During the crisis, Sobyanin deprived thousands of Muscovites of their jobs, the city of taxes, and took another step towards turning the city into a cemetery with trees in granite mourning tubs.
The coincidence of the arguments of some commentators even gave rise to ironic assessments.
There is also an assumption that Sobyanin is playing a "multi-move", and the Moscow authorities do not hate any business at all - on the contrary, they welcome some.
the final solution of the trade issue in Moscow. Go to the "Azbuka Vkusa" to eat black caviar
Today's "night of long buckets" is the most common redistribution of small retail trade in Moscow. And I am simply amazed at the naivety of some comrades who, while approving the demolition of shops and tents at night, write about historical appearance or the need to fight self-building. These arguments have no meaning for the Sobyanin mayor's office. None. The only goal of the Sobyanints is to clean up the most tasty sites around the metro stations from the former owners, in order to subsequently divide them among "their own".
Last night I got out of the metro on my "Voykovskaya": everything is calm, as usual, in a good routine. And today, early in the morning, I drive up to it by tram - and I see a local apocalypse. In place of the trade pavilions that stood there "a thousand million years" - wooden and metal ruins, through which people in construction overalls roam. It was demolished quickly, under the cover of night. Bolshevik. The Soviet "purity" of the landscape, unseen somewhere since the late 80s, has been restored.
These pavilions benefited people. There you could quickly buy vegetables, fruits and all sorts of other products, even caviar. There was a friend of mine who was a computer engineer fixing my equipment. In general, as a Muscovite, I am upset and very dissatisfied. In general, I don't like it when a "great" state bulldozes something private and small, petty-bourgeois. I hate it. I understand the kulaks who took the sawn-off shotguns.
Once again we are convinced: when the imperial, neo-Soviet, Putin's Russian authorities bring a blizzard about the "development of small and medium-sized businesses" - be sure to expect shit. Wait for the bulldozers and the next "dispossession". This state will never leave a free, independent, enterprising person alone. Well, he doesn't need it.
Such an evil state.
Shiropaev Alexey
**************************************** **************************************** **************************************** **
There is a direct connection between the demolition of perfectly legal stores in Moscow and our Crimea.
Of course, the arbitrariness of the authorities was before, but after our Crimea it relies on consensus. Then Russian society approved the violation of laws and treaties by its state for the sake of some interests and expressed its readiness to bear the costs - but Crimea is ours.
Now the real costs have arrived. This is not at all sanctions with anti-sanctions and a depreciation of the ruble. This is a revocation.
"Krymnash" is a universal mandate, there is no fundamental difference between the Budapest Memorandum or a bilateral border treaty and a sale and purchase agreement or a building permit. If you can unilaterally cancel one, then you can cancel the other. Any justification will be accepted: but in Moscow it will become cleaner and more beautiful.
And neither the certificate of ownership, nor the constitution, nor the portrait of Putin in the window will help.
Nikolay Klimenyuk
**************************************** **************************************** **************************************** *****
As always - in pursuit of the plot ...
The amazing patience of the population is morphine, which drives power crazy. Today she demonstrated the permissiveness of a stoned drug addict: "I want - and I will!" The Kremlin is corrupted to the last stage of insanity, it knows what it is doing, and is in full confidence that "nothing will happen" to it.
What can I say? "Arm and wet the nits"? - You can't: they'll put you in jail for extremism. Although in the last stand-up, I drew the viewer's attention to Putin's political "vertical squatter" looming over our heads, from where all these numerous "servants of the people" spit on us with great pleasure. They deprive us of work, money, they start wars on our behalf, to which we are sent to die. They even impose their own sanctions against us. And the people don't care.
It's a disease. Dullness with complete loss of will. The population is weak-willed, discouraged, bewildered, intimidated, and this unconstitutional structure rises above it, and, sitting on it, millions of fat officials and well-fed "garbage" with oak are waving frog papers.
The people are patient. But I, nevertheless, am sure: this is all - for now. Where is the "point" when patience will burst? Do not know. But she is. If you caulk the boiler for a long time and warm it up, it will explode. Same - elementary physics, and no one canceled its laws even in patient Russia. Even Putin with his Chekist Caudle and a pack of propaganda dogs.
But if it "explodes" ... Oh, I will not envy that bespectacled sycophant in orange clothes that lied to the camera today. For - they will pull up on every native birch. All forests will be decorated with cyanotic gallows.
And what? The 21st century is not about us. Our Russian fun is relevant in any era.
Sasha Sotnik
**************************************** **************************************** **************************************** ********
Archpriest Dimitry Smirnov proposed to build churches on the site of demolished retail outlets in Moscow. “Temples are such a profitable business. In principle, this is a very sound idea. Of course, we can only welcome. When a temple is within walking distance, the number of visits to it will immediately increase” (Lenta.ru).
The “Night of the Long Buckets”, which enriched our law with the “demolition principle”, became the most discussed legal event of the month and, I am sure, will be discussed for a long time. In the discussion, the legal status of demolished objects is often estimated at general view, they say, all of them are “squatter construction” or, on the contrary, there is a court decision “legitimizing” them. Finally, recently the mayor of Moscow said that "these pyramid stalls really threaten your life."
In law, however, it cannot be overall ratings. Each object has its own history. We have collected information on all buildings included in the Decree of the Moscow Government dated December 8, 2015 No. 829-PP, which authorized the demolition. Detailed information can be found in the tables attached to this post (the editor of Zakon.ru, Yulia Buynaya, took part in their preparation). In objects for which there were no court decisions, in - for which there were such decisions. Below are a few observations.
Objects about which the courts did not speak
Of the 104 objects that went under the bucket, 43 were not the subject of litigation between Moscow and their owners. Moreover, almost all of these objects have registered ownership. Only two of them were absent from the register (points 33, 84 in the appendix to the resolution). The basis for the primary registration of rights to the remaining objects, as it turned out, were various documents on putting them into operation, approved by Moscow officials. As a rule, these were prefects of various administrative districts. The information is given in the table. Sometimes, by the names of documents, you can see that the object is temporary or non-capital. Nevertheless, it was registered as real estate. In some cases, on the contrary, it is directly stated that the building is capital. There are even two objects registered on the basis of commissioning permits issued in 2008, i.e. during the period of action of the already modern Urban Planning Code.
There are some objects whose origin is vague. For example, the rights to buildings on the street. Taganskaya, 2 (p. 1-8) and Bol. Serpukhovskaya, ow. 17, p. 1 (p. 18) were registered on the basis of certificates of 1997 and 1998 on being entered in the register of property on the territory of Moscow - this register apparently replaced the current Unified State Register of Real Estate Rights. There are three objects (p. 70, 95, 99), the primary registration of rights to which was carried out on the basis of sales contracts. Moreover, in one case, Moscow itself was the seller - back in 1992 (p. 95).
Objects for which there are court decisions
61 objects remain, oh legal status which the courts have spoken. They are divided into two groups. One contains cases initiated by the owners of the buildings themselves, the other contains cases based on demands made by the authorities.
Owner claims
The claims of the owners concern 11 objects. Obviously, the results of the cases were positive for the plaintiffs. Judicial decisions either became the basis for registration of the right, or allowed it to be preserved. As a rule, the authorities did not go further than the court of appeal, trying to prove their case. However, perhaps in vain. In the only case (No. A40-68342/2013), they nevertheless went all the way and, as a result, in July 2015 received a ruling from the Economic Collegium of the Supreme Court (SC) in their favor. The owner of the trade pavilion contested the refusal to register the right to it. After two rounds of consideration of the dispute, the Supreme Court recognized the refusal as lawful. This conclusion is due to the fact that the site was not provided for the construction of a capital facility and the authorities did not give permission for its construction.
Lawsuits from the authorities
Disputes concern the fate of 50 objects. From this group, it is worth immediately excluding cases for which there are still no decisions that have entered into legal force - there are 6 of them (they are at the end of the table). In one of these cases, the authorities dropped the demands. True, it happened yesterday. So the refusal is probably due to the fact that the subject of the dispute has disappeared. The victory was won outside the courtroom.
44 buildings remain, in respect of which there are judicial acts that have entered into force. Most of the cases were considered in 2014 and 2015. So far, only 4 cases have been completed.
What are the results? Only in three cases the demands of the authorities were satisfied. In the rest, the courts refused to recognize the buildings as unauthorized and authorize their demolition (as a rule, this is how the requirements were formulated) or to recognize the registered right as absent (such requirements were stated much less often). Moreover, in this category of cases, Moscow tried to go to the last. Most of the final judgments were issued by the Arbitration Court of the Moscow District (only in 22 cases, some of them related to several objects), and five times the correctness of the cassation was confirmed by the Supreme Court or the Supreme Arbitration Court. Once the SC agreed with the decision to demolish. True, the higher courts simply did not refer the case for review and, thus, did not speak out on the results of a full-fledged consideration of the case.
It turns out that out of 104 objects listed in the government decree on demolition, the courts, including the highest ones, actually forbade the demolition of 42. It would be redundant to give details of each case. The general outline of all cases emerges quite clearly.
As a rule, the disputes were about the demolition of various pavilions built on sites provided by the authorities for temporary facilities. In the late 1990s or early 2000s, the right to such temporary facilities was registered with the USRR. Sometimes, during registration, the temporary nature of the structure was indicated, sometimes, by the time of registration, the objects had already passed into the category of permanent ones on the basis of reconstruction and examination. At the same time, the city authorities accepted the objects into operation, agreed on their reconstruction, provided plots for rent and extended the lease period. In the early 2010s, lease agreements were no longer renewed. Lawsuits began to be filed for the demolition of buildings as unauthorized.
A typical reaction of the courts is that the authorities missed the statute of limitations. They knew very well about the buildings and what these buildings were like. There is one exception to the rule on the application of the limitation period for claims for the demolition of unauthorized buildings - the limitation period does not apply if the building threatens the life and health of citizens. The courts, as a rule, also considered this issue and, on the basis of the expert opinion, came to the conclusion that there was no such threat. Therefore, they had no reason not to apply the limitation period. Sometimes the authorities did not even try to declare that it was necessary to check whether the building threatened the life and health of citizens.
A special category is cases in which only the requirement to recognize the right as absent is stated. Here, the plaintiffs said: the building is actually movable and therefore should be excluded from the register. Such cases ended in failure, as the defendants managed to prove the solidity of the structures and the validity of registering them as real estate. However, in one case the city managed to win. He made an unusual demand for the demolition of the temporary pavilion (No. A40-21667/2012), not based on Art. 222 of the Civil Code on unauthorized construction. In fact, it was a claim for the release of the site after the expiration of the lease. The defendant did not say that the pavilion was real estate.
Outcome
The story of the “night of the long buckets” reminded of another plot – the vindication of illegally privatized apartments from their current owners. The issue reached the European Court of Human Rights (ECtHR) and ended with a ruling in the Gladysheva v. Russia case in 2011. Now the logic of the ECtHR in this case is implanted in the Russian judicial system. Thus, Vyacheslav Lebedev, chairman of the Supreme Court, speaking at a seminar-conference of court chairmen earlier this week, said that it was impossible for the bodies that allowed privatization and checked documents to go to court with a demand for the return of apartments.
Typologically, this situation is close to the one in which the owners of the demolished outlets found themselves. The authorities first allowed them to build something, accepted it into operation (sometimes despite the fact that the resulting object did not meet the conditions of the permit), and then ask these objects to be demolished. It's one thing if the building is still owned by the one who erected it. Here you can try to prove the uncleanliness of the developer, which was hinted at by the mayor of Moscow in his other well-known
On Tuesday night, in different parts of Moscow, the demolition of trade kiosks, tents and pavilions, recognized by the capital's government as a potentially dangerous squatter, began. The list for demolition included 104 objects, including the Pyramid shopping center on Tverskaya and retail outlets near central metro stations. Earlier, the owners of the pavilions appealed to Russian Prosecutor General Yuri Chaika and Moscow Mayor Sergei Sobyanin with a request to prevent their demolition, Kommersant reports. And here is how Facebook users living in Moscow reacted to the demolition of the stalls.
Denis Dragunsky, writer : "About NITs. It's not about demolishing stalls and pavilions. That is, of course, this is not good and unpleasant, but, I repeat, that's not the point. This, as they say in an old children's joke," a disaster, but it doesn't matter ". And the trouble is that at the same time the nitty squeak of a peaceful layman is heard: "But if you look objectively, the stalls and pavilions spoil the view!" and even: "So what, that the legality of the construction was confirmed by the court - or maybe it was the wrong court "No food, nit, don't try! You will be the first to be combed out of the curls of the nation, clicked on the nail and rubbed with your foot on the asphalt. That is, on the paving slabs."
Dina Magomedova, philologist : "Night of the long buckets! Mayoral mobster - local know-how."
You can’t return a rolled up one, and perhaps you don’t need it - the glorious world of flowers and underpants is already in the past. only one thing warms my heart - do you see a white two-story building with round windows in the first photo? cottage cheese lives in it! The only edible cottage cheese within a radius of a couple of kilometers. of course, the cottage cheese fortress - and it even matches its purpose in color - is also being demolished: its image flashed among the pictures of the self-construction doomed to destruction, which I saw a couple of weeks ago on some site. But here's the bad luck - it really is a real fortress: powerful, concrete, stable! I think that a municipal excavator will break a couple of buckets on it; something more is clearly needed here. And that means that the curd will still fight."
Pavel Pryanikov, journalist : Sobyanin: Demolish everything, the Lord in heaven will figure out whether the buildings are legal or not!
Elena Panfilova, expert in the field of combating corruption in Russia : "About why you can’t rejoice at the demolition of kiosks. Because, while there is completely no understanding of what "inviolability of private property" is in the country at the intellectual and legal levels, kiosks were demolished today, and tomorrow your apartment will be demolished. seem ugly and out of place. All other arguments (taxes, small businesses, jobs) are secondary."
Dmitry Gudkov, State Duma deputy : "And once again about the night battle in Moscow. I looked at the documents (below - just one of them). It is important to understand that the headlines of the semi-official media are lying. The pavilions were not self-built - they had the necessary permits. How received, when - this is a question already to officials, to which they are in no hurry to answer, but there were documents. On what basis were the pavilions demolished? - And here is the trick. Only recently, Moscow passed a law according to which such buildings can be recognized as dangerous if gas is laid under them and nearby ", water and other networks. And, of course, she laid these networks urgently. Sleight of hand and no fraud. What is happening now? The Duma announced its readiness to adopt a law on compensation to businesses for the demolition of pavilions. But the law has no retroactive effect. What prevented it from being adopted law earlier (it is obviously necessary)? The second question, already to the Moscow authorities: why are you changing the rules of the game in the process of playing? In a crisis, the main priority should be business, its development. Instead, first you let it grow and then destroy. Once again. And one more thing - until, finally, there is no one left in the city who would believe the new assurances and try to open their own business. And it's taxes. These are jobs. This is what the city is all about. Pavilions could be ugly, they could get in the way - but where is the alternative? Why is it only now, after a wave of indignation, that Sobyanin's VKontakte (is this now an official portal?) is given a vague promise "if you want to provide the opportunity to build retail facilities in other places and already legally." First, a blow with a chessboard on the head, and then - "let's continue the game." And a board move on the head - these are our rules, yes, if you don’t like it, don’t play.
