Confiscation of the earths
in Moscow liquidate a private property on the earth
the Next action which participants achieve cancellation accepted in the first reading by Moscow City Council of amendments to the Ground code of the Russian Federation, has passed on Thursday evening in Moscow. Some tens persons have taken part in the authorised picket at underground VDNH. The amendments initiated by the Moscow mayoralty, considerably simplify procedure of withdrawal of the earth for “ the state or municipal needs “ and also complicate registration procedure pridomovoj territories in the general property of owners of apartments. Application of amendments in practice is fraught with growth of social intensity and protest moods. After all now completely anybody cannot be the dead for the property.
the new variant of article 49 - go the ground code de - jure and de - fakto stipulates a notifying order of withdrawal of the earths at any proprietor for erection of objects “ Social infrastructure, including apartment houses “. In practice it means that one fine day the authorities can inform you that the earth on which your house is constructed, is extremely necessary for a city for building of new habitation, an office building or something else very much “ social “ and to offer in a categorical order in the terms established by them the given area to release.
“ actually it is a question of liquidation in Moscow a private property on the earth “ - the deputy of Moscow City Council Sergey Mitrokhin voting against the bill has declared daily. Certainly, indemnification on which it is theoretically possible to get the alternative habitation, is provided by a new variant of the law. However in practice the mechanism of its allocation is that that equivalent on the area and other indicators of apartments or houses anybody cannot give guarantees of purchase. The size of indemnification will be defined by the authorities. In case of disagreement of the proprietor with the offered size in a year to it will make one more proposal. And this time it will be impossible to refuse the offer - the size of indemnification will define court. So the prospect of an exchange of normal apartment in the normal house on a peasant house - razvaljuhu is quite real.
developers of the bill brought in orodskuju the Duma by the mayor, have decided to provide possibility to save and on pridomovoj territories which in the event that it is issued in the property by owners of apartments in the house, too it should to redeem. In the modernised version of the code positions thanks to which will issue the right to possession of the earth near to the house extremely inconveniently are added.
“ Luzhkovsky “ the law is not precedent. Last year at federal level has been approved “ Olympic “ law N310 thanks to which the authorities have acquired the right to withdraw at the population of the earth around building of the Olympic objects in Sochi. Necessity of acceptance of the given statutory act was based on special position in a city - a resort in connection with preparation for carrying out there the winter Olympic Games - 2014. The inhabitants of Sochi first roughly welcoming the decision of the International Olympic committee, after adoption of law N310 have a little cooled down. Now there collect signatures against compulsory eviction from familiar spots and are going to picket houses of judges and officials. The alarm is beaten also by local ecologists.
meanwhile protest moods have come and to Moscow. The fact of acceptance of amendments to the Ground code in the first reading with pleasure is used by opposition for intensity forcing. The ground card is played with might and main. One for another pass street actions. But it still florets, in comparison with that will be in case of the beginning of mass confiscations. All Moscow will turn to one big Southern Butovo.
strictly speaking, the bases “ to revolt “ for the people really are available. The new variant of the Ground code is included into some contradiction with the country Constitution. According to it, nobody can be dispossessed without the corresponding judgement. But the Constitutional court while keeps silence - in it it was not simple references. In the Moscow situation it is necessary for giving of such reference, that at first the law has passed all readings.
we will remind that, under the current legislation to withdraw the earth from the proprietor really only in exclusive situations, so far as concerns realisation obshchefederalnyh problems. For example, about building of HYDROELECTRIC POWER STATION or the atomic power station, defensive objects, iron and highways. But, all will be possible, fast much easier. After Sochi and Moscow practice of confiscation of the earth it is planned to extend all over the country. From Moscow City Council the bill in a modified form will go to the State Duma of the Russian Federation.
“ acceptance “ Moscow “ The ground law at federal level would suit large lobbyists - to builders, - the president of inter-regional public fund " has informed daily; city Institute “ and a member of Public chamber of the Russian Federation Vyacheslav Glazychev. - they are extremely interested in possibility of reception of an easy approach to the city earths. But I believe that through the State Duma all - taki will not pass the bill “.
With the expert Sergey Mitrokhin agrees also. “ building lobbyists in the State Duma not so are strong, as in Moscow, and Moscow is not dominating region in the Russian Federation. Besides in the majority of other regions the problem of shortage of the earth is not necessary so sharply, as in capital. Federal soldiers will not support the bill “ - the deputy summarised. Moreover, there is a probability that the federal authorities which are completely not glad to prospect “ national revolts “ under walls of the Kremlin and proceeding “ to boat rocking “ It is straightened out the authorities Moscow.