KS: the authorities of Moscow and St. Petersburg have the right to break the lease

KS: the authorities of Moscow and St. Petersburg have the right to break the lease

Entered into prior to 2011 the leases of land in Moscow and St Petersburg authorities to terminate unilaterally if the developer does not comply with obligations ruled by the constitutional court.

MOSCOW, 6 Nov. The authorities of Moscow and St. Petersburg shall have the right unilaterally to break prisoners prior to 2011 the leases of land, if the developer fails to fulfill his obligations for the construction or reconstruction of buildings, said the ruling of the constitutional court (CC) of the Russian Federation.

To this conclusion the court, having examined the complaint of garage-building cooperative “Flight”, which in 1997 at 49 years of age rented a piece of land in Moscow for the construction and operation of multistory Parking garage. However, to get permission to build the cooperative failed, and in 2013 the Department of property of Moscow has broken the rental agreement because of breach of obligations to develop land.

Representatives of the cooperative appealed to the constitutional court, challenging the paragraph of the Land code, which was referred to the Department and which allows the authorities of Moscow and St. Petersburg to revoke the right to rent under agreements concluded prior to 2011. However, the court refused to accept the complaint for review.

In its determination, the court indicated that the regulation of land relations must be closely connected with activity of the authorities on socio-economic development of territories, to ensure the citizens ‘ right to a comfortable life, transport accessibility, proximity to medical and educational institutions, objects of cultural life.

“In megacities, considering the large number of residents and the availability of objective logistics and infrastructure problems, are of particular importance in a planned, integrated and operational land development, including the timing and stages of construction”, — is told in court definition.

The court noted that the conduct of the cooperative, for a long time have not received a building permit, “we cannot characterize as perfect”, therefore, the authorities withdrawing permits for the lease, protect the public interest.