The State Duma has accused Minregion of infringement of the rights of summer residents
Deputies of the State Duma have accused the ministry of regional development of attempt “ country revolution “. The bill entering an interdiction of capital construction on the earths of agricultural appointment and out of settlements became an occasion to scandal published in the beginning of September on a site of department.
the Bill “ About modification of acts of the Russian Federation regarding specification of a legal regime of use garden, ogorodnicheskih and the country ground areas “ has been developed minregionom with a view of realisation of the decision of the Constitutional court which has been taken out on April, 14th, 2008.
we Will remind, then the Constitutional court has found nestykovki in a number of the legislative norms regulating a question of a residence permit on summer residences, and has allowed to receive to citizens constant registration in such houses.
Two with superfluous year at minregiona has left on legislation updating though, by rules, amendments should accept in half a year after a verdict of the Constitutional court.
As a result the ministry has suggested to resolve a residence permit only on those summer residences which are in borders of villages, settlements and so on.
Here that is about it written in the document text: “ Borders of the territorial zone providing conducting of a country economy, should be in borders of settlements “. The main innovation offered by the ministry, consists that is planned to break now all ground areas into three categories: garden (only beds), garden (it is possible to plant trees, bushes and to place the constructions which have been not intended for residing) and country (it is possible to build apartment houses and economic structures). Country sites should be now only in borders of settlements, and for building it is required to obtain the permit. The building licence will be impossible if the local plan does not correspond to the town-planning plan of the ground area and the scheme planirovochnoj to the ground area organisation. Till January, 1st, 2015 the transition period which will allow to finish building without permission reception is established.
Members of parliament who, however, have paid attention to the disputable bill more recently, now stop minregion to reconsider requests the amendments. “ offered amendments cancel all prerogatives of the simplified registration of garden sites which were given by country amnesty “ - the committee-man of the State Duma on economic policy and business, the chairman of the Union of gardeners of Russia Oleg Valenchuk considers. Let`s remind that before adoption of law about country amnesty in 2004 procedure of registration of the ground areas with constructions available on them was the extremely difficult. In pravoustanavlivajushchih documents of owners of allotments there was a cock-a-hoop.
However, and results of the declared country amnesty are ambiguous. The main document of any settlement - the building project - with the announcement of country amnesty became purely nominal. Now the Town-planning code allows to erect houses without any building licence. Last circumstance has already led to that in the middle of country sites many-storeyed houses began to grow. Already wrote that in one only the Moscow suburbs of such houses are constructed about hundred. Apartments in them cost cheaper twice, than in the usual houses constructed in borders of settlements of area. Illegal construction can be registered on country amnesty. The local administration has thought suddenly only when many apartments have been bought up. And in it officials from minregiona see one of obvious “ punctures “ the companies.
On the other hand, deputies mark, danger with water is great to splash out and the child. Oleg Valenchuk reminds that by today under the simplified scheme have registered the houses only 20 percent of gardeners. So obviously low rates have forced legislators to prolong last year country amnesty till 2015.
“ According to the new bill on garden sites can take place only hozpostrojki, not intended for constant habitation. Thus, the overwhelming part of country constructions will be out of the law “ - the member of parliament insists. Thus, the expert continues, citizens for ever lose possibility to make a summer residence the basic habitation if the house is located out of settlement.
In minregione, on the contrary, consider that no attempts to strike at the right of citizens are present. And similar charges occur from nedoponimanija essences of amendments. The deputy minister of regional development Alexander Viktorov has explained that offered amendments completely correspond to the decision which has been taken out two years ago by the Constitutional court in which it is directly specified that in a residence those citizens which garden sites are located in borders of settlements have the right to registration only. And it means that as a matter of fact all remains, as was. The main thing for a residence permit that the house was suitable for constant residing, that is it should be a capital structure with the water drain, a waterpipe, an electricity and other elements of a civilisation.
“ the Garden site is a place of seasonal residing with the minimum set of social services. It practically always the second habitation. The basic habitation the summer residence can become only under certain conditions: In the presence of roads, kindergartens, hospitals and so on “ - Alexander Viktorov continues. In minregione are assured that if now to give the chance to citizens to register in gardenings, in a year the social infrastructure is required to them. In the presence of money and desire all can be organised it and today. However with an official residence permit all this duty will lay down on shoulders of municipalities. For local administration it is a superfluous headache.
According to the deputy minister to translate the status of the agricultural earths in other category it will be possible and further. “ if local authorities agree to accept garden association, means, they incur all functions on infrastructure maintenance. This procedure includes procedure of change of the general layout of settlement “ - Alexander Viktorov has noted.
In minregione specify that the final decision is not accepted. The document is transferred to completion. So, probably, any corrective amendments will be brought in it. Process of discussion with all interested departments proceeds. Quite probably that a certain clearness will come this week. The meeting of deputies with the minister of regional development Victor Basarginym is appointed to Tuesday. It is known that among questions it is planned to discuss and a country residence permit.
In turn, in the State Duma quickly there is a preparation of own bill. This document, on the contrary, will allow to give to gardening associations corresponding legal status, to create the developed infrastructure and so on. Members of parliament promise that in such kind the bill will be submitted for consideration the parliament lower chamber already in spring session.