Judge: judicial redress for the illegal buildings demolished in Moscow can reach 30 billion roubles

Judge: judicial redress for the illegal buildings demolished in Moscow can reach 30 billion roubles

MOSCOW, February 9. If all the owners demolished in Moscow trading facilities will be able to challenge in the courts the actions of the city authorities, the city Treasury expected loss in the amount of 30 billion rubles This opinion on Tuesday expressed the expert in conversation with the correspondent of TASS.

“As most entrepreneurs have a certificate of ownership and trading facilities located in the cadastral records, they are planning legal action to challenge the actions of the authorities. As you know, the market price of each object is different. Many more than inventory. According to many authorities involved in the assessment of such commercial facilities, the amount of demolished objects varies from 22 to 30 billion rubles”, – said the Executive Director of the Moscow city branch “Support of Russia” Sergey Seliverstov.

See also

This night Moscow got rid of potentially dangerous unauthorized construction

The city is not a municipality, to endure couldn

He explained that “in a new wording to article 222, paragraph 4 of the Civil code States that the decision on demolition may take the local authority, but hardly the city government can be attributed to this organizational-legal form”. “Still, Moscow is a Federal city, so, according to our lawyers, the government can’t be an organ of local self-government”, – said the Agency interlocutor.

However, the question arises, “whether the city is willing to reimburse these funds”. “I understand, hardly. For the city, these objects are so-called illegal buildings and illegal buildings is no compensation” – said Seliverstov.

City Duma Deputy, senior Vice President Moscow trading-industrial chamber Vladimir Platonov noted that the real sum that can lead to claims of entrepreneurs, the Moscow government is very difficult to quantify, if possible at all.

“Only the court during the proceedings may determine the amount of damages, which represent entrepreneurs, so I wouldn’t jump to any conclusions. Someone said that the demolished shopping complex is worth 100 million, and someone that 10 million But here it is necessary to understand in each specific situation, and could do it only through the court under the act, and only the court can assess the legality or illegality of how the construction and operation of each object, and its demolition,” – said Platonov.

The government will provide new areas

Earlier Moscow mayor Sergei Sobyanin said that the authorities will consider providing the holders 104 trading pavilions that were to be demolished, new areas for doing business. “I ask you to contact the owners of the former structures. If they want to do business and to invest, to give them that opportunity to other land in accordance with the Federal and city legislation,” he said at a meeting of the Presidium of the government of the capital.

See also

The authorities of Moscow: the owners of unauthorized construction has not applied for compensation in case of voluntary demolition

The mayor also noted that in the near future on the site of the demolition “needs to be cleaned up, removed debris, created a temporary improvement and then, after the project works created by quality improvement”.

Sobyanin said that the draft of the landscaping will be agreed with the residents. “Unfortunately, in the 90-ies around metro stations were postroeny objects that are in engineering services, in the technological areas of the metro, and are a danger to those who works in them. They create a lot of inconvenience for the people who every day use the subway and confronted not with the area, and, in fact, some market, illegally constructed,” added the mayor.

See also

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