Error 364: the Moscow demolition of “unauthorized” stores

Apple warns

Party “the Apple” on Thursday published a list of 364 small businesses, city hall is scheduled for demolition extrajudicially. The draft resolution of the Moscow city hall, which has got “Apple” (the document is on the site of the party), makes changes to the Moscow government resolution of December 8, 2015 No. 829-PP. In accordance with 829-PP on the night of 9 February in Moscow was carried out of court about a hundred commercial sites (see extract).

According to “Apple”, a new list was prepared by the district councils on the orders of city hall and will be officially published in early March, and the facilities will be liquidated in June. This list is not last, say “Apple”: the Moscow authorities plan to eliminate more than 900 small businesses. Additional lists will be published, presumably after the elections, says party’s press Secretary Maria Epifanova.

Moscow denies

A list of 364 buildings, represented by the Yabloko party, scheduled for demolition in June out of court, is a sham, said Thursday the head of the Moscow Department of trade and services Alexey ameryk. “This is nonsense, the draft resolution was a fake with no relation to reality. This can be seen if only because there were already demolished objects” — quoted by TASS Nemeryuk. According to the official, the “Apple” as to be demolished in June, “nadergano from various previously published lists”. “In the near future we will release on its website the official rebuttal regarding these documents,” said Ameryk. Yesterday at 19:30, such a disclaimer on the Department’s website was not.

At the same time, ameryk did not deny the fact that the city authorities are planning further demolition of unauthorized constructions. The head of the state Inspectorate for real estate Sergey Sokurov said that the Moscow authorities will continue work on the identification of unauthorized construction sites located on utility lines and in areas with special regime of use of areas (such objects were demolished on 9 February). However, according to him, the number of objects of unauthorized construction, which will be included in the list, yet to be determined and the address list has not yet been formed: “They may be like 10-20 objects, and more. At present the analysis of the technical and allowing documentation”.

Whom to fear

The Moscow government is a General list of “unauthorized” objects, which registered the right of ownership or they are included in the inventory. It was approved in 2013 by decree No. 819 dated 11.12.2013 (version as last amended can be found in paid databases). The resolution has a speaking name: “On approval of regulation on interaction of Executive authorities of Moscow in the organization of works on revealing and curbing illegal (improper) use of land plots”. The list of 2013 were repeatedly corrected by other regulations and has grown from an initial 516 objects to 947.

selectively collated the list of “Apple” with this great list — objects coincide. did call some of the businessmen that operate on the addresses from “list “Apple” — about the demolition is not known.

So, at ul. Dekabristov, 17G, is a shopping pavilion, which houses a pharmacy network “G. R. U. farm”, bar “Let’s the wolf” and a grocery store. The pharmacy said that is a subtenant of the premises: “the Owner of the premises has convinced us that won all the courts of the city. I hope that if we and will demolish, it will not be night.” The owner of the pavilion (it is registered as object of real estate) is “SMALL”, which in 2013 in the Moscow Arbitration court has proved that the building is not unauthorized construction, and in November 2015, the 9th Arbitration appeal court sided with the society and has forced the Department of city property of Moscow to conclude with the company the lease contract of the earth under the pavilion (now the case is on appeal). Contact the principal owner of LLC “SMALL” by Alexander Routinely failed.

The lessee floral pavilion street polar, VL. 16A, said that no notification from the authorities about what the object should be demolished, she did not. In may 2014 the city property Department asked the Moscow Arbitration court to recognize the unauthorized construction, but the court sided with the businessman Boris Tugolukova, which belongs to LLC “Onyx”, which owns the pavilion. As in many similar cases, the court was guided by the fact that the city authorities could not know about the nature of the capital structure, giving it in 1998 mailing address as the property. Contact Tugolukova failed.

No notices were received and the administrator of the cafe-bar “Arbuz” in the pavilion by address Dekabristov street, VL. 35G. According to the source , the building owner proved in court that the building is lawful. But to find confirmation of this in the basis of the decision of Arbitration court of Moscow failed.