The state Duma till the end of the session to adopt the law on compensation to owners of demolished tents

The state Duma till the end of the session to adopt the law on compensation to owners of demolished tents


MOSCOW, February 9. The Deputy head of the Duma Committee on economic policy United Russia party, Viktor Zvagelsky expects deputies to the end of spring session will take a bill that will provide compensation to the entrepreneurs in the case of the demolition of their stalls, including the provision by the city similar outlets, as well as the opportunity to enter into a lease agreement for at least seven years. He also recommends that owners of commercial tents with the ownership documents to defend their interests in court.

In the night of 8 to 9 February in Moscow began the dismantling of the 97 objects of unauthorized construction. In December the government of Moscow has accepted the decision “About measures on provision of demolition of unauthorized constructions on certain territories of the city of Moscow”, providing for the demolition of 104 objects.

There is a permission – go to court

The parliamentarian explained that “the demolition of all illegal buildings completely different situation.” “Where the contracts were concluded improperly, Moscow is doing the right thing,” confirmed the Deputy representing in the lower chamber of the Parliament of the capital.

But the problem is that even if the owners of many shopping facilities certificate of ownership, Moscow still terminates the agreements, recognizes these documents as void and takes down the tent, because, according to current leadership, capital, certificates cannot be issued for non-capital buildings, said Zvagelsky. “Probably, in this case Moscow is not quite the right thing from a legal point of view,” said the Deputy, recommending these people (the owners of transient objects that have permission) to defend their interests in court.

He noted that at receptions of citizens communicated with a huge number of entrepreneurs. “The problem is that the 80 percent is, unfortunately, a squatter, and documents governing the legality of the installation of the pavilion, there is no”, – said the Deputy Chairman of the Duma Committee, Recalling that earlier that nobody was paying attention.

Moscow is good, IE is bad

Meanwhile, according to Zvigelskaya, when making these decisions Moscow is guided by purely financial considerations in view of a difficult economic situation. “They are not just demolished, in this place then we are building such as pavilions, which are played at auctions, and the price there is another”, – he explained. In addition, the MP said, if conduct inspections of these tents, it turns out that in their operations many violations, many of them converted without the permission of the Department of trade.

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“Another thing is that this (demolition of tents) in fact leads to destruction of small and micro business, because it is clear that the auction benefit the network of the company, of course, for them the starting price and the price obtained in the bidding process, it is manageable,” he added.

Therefore lose out in this situation, mainly individual entrepreneurs (IE), admitted policies. “But if you carry out the calculations, it turns out that ultimately wins Moscow from the point of view of replenishment of its budget. Of course, to the detriment of small businesses,” he said.

“From a formal point of view at least half of Moscow turns out to be right. Another thing is maybe today not be so eager to destroy micro-businesses, because IE already are not restored (after the demolition of their retail facilities),” said Zvagelsky.

Hope for a bill

The Deputy head of the Duma Committee said that a week ago introduced a bill on non-stationary trading objects, which gives the opportunity to all the entrepreneurs who have demolished these structures, to obtain not only financial compensation but also similar objects at the expense of the city in other places with the same cross, including if the tents are in the so-called red line (indicating the plans to build urban infrastructure, such as metro). A key innovation of these amendments, as requested by small businesses, is the conclusion of a lease agreement with the city for at least seven years and a prohibition to revise the tariffs and rents in the course of the year, said Zvagelsky.

In the context of the present situation the Deputy “I am confident that in one form or another it (the bill) before the end of the spring session will be accepted”, and will be extended to Moscow.

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Judge: if the owners of unauthorized construction in Moscow will be able to win the courts, the city expected loss

Zvagelsky has confirmed that talks on this subject with the city Department of trade. “I’m trying to convince everyone that Moscow (the bill) is definitely needed,” he said. According to policy, responsible authority in Moscow even agreed to offer them compensation, but so far against a seven-year lease, offering a period of three years. “This is very little, considering that the minimum return today is five to seven years”, – said the Deputy head of the Duma Committee.

Need for a specific approach

Zvagel’skii also said that literally on Monday met with the initiative group, representatives of which nearly a thousand pavilions in Moscow under threat of demolition. According to the results of he wrote petitions to the Moscow property Department and several other agencies to not to demolish these objects, 200 of which, according to him, belong to people with disabilities.

“The only thing we can’t do anything, it is the features that fall within “red lines,” said the MP, adding that we are talking about approximately a quarter of the demolished pavilions. “But in relation to those objects, which are destroyed, in order to hold an auction and put even upgraded the pavilion, we need more specific approach and not to demolish all in a row”, – concluded the Deputy Chairman of the profile Committee of the state Duma.

See also

Full list of objects recognized as unauthorized construction and slated for demolition in Moscow