Deputies found the bill on the five-story building violation of the Constitution


The state Duma Committee on housing policy and housing found violations of the Constitution, the bill of the demolition of five-story building in Moscow, according to the draft conclusions, which read . The document will be discussed at the Committee meeting on 6 April, said the Chairman of the Committee Galina Khovanskaya. “The idea of the bill is beautiful, but poorly decorated. It violates articles of the Constitution, which relate to judicial protection, civil relations, property rights”, — said Khovanskaya

The draft stated that the Committee would support the concept of the bill “given the number of observations”. As highlighted in the document, the bill proposes to give the citizens of demolished houses, a dwelling equivalent to what they had before — not a smaller area and with the same number of rooms. But the “forcible alienation of property for state needs may be made only subject to prior and fair compensation”, said in the basic law (part 3 of article 35). Therefore, the Committee of the state Duma noted that the bill should prescribe: the owners are entitled to receive reimbursement for housing or granting of other premises “by offsetting its value in determining the amount of compensation.”

The owner of the apartment in the five story building sent a few proposals for new housing, says the bill. If after 60 days he don’t answer, you will be evicted by the court. The owner can only appeal the fact of the equivalence granted to him of the dwelling, but not the eviction. However, according to articles 19, 45 and 46 of the Constitution the state guarantees judicial protection of every citizen, and any decisions or actions of the authorities can be appealed, that is, citizens have the right to apply to court in connection with the eviction, said the MPs. The Committee also propose to count the 60 days from the transmission owner proposals, and the receipt of their owners.

Parliamentarians insist that the question of the inclusion of houses in a renovation programme should be discussed at a public hearing. Now the city authorities plan to interview residents of the five-story building through the portal “Active citizen”. In addition, contributions for major repairs paid by the tenants of demolished houses, should according to the Housing code be distributed among the owners, according to the draft conclusions. In early March, the mayor of Moscow Sergei Sobyanin stated that the contributions will be used to build new homes for residents of the five-story building.

March 10 in the state Duma was introduced the bill on amendments to the Federal law “On the status of the capital of the Russian Federation”, which gives the city authorities power to approve a “program of renovation of the housing Fund,” to determine the series and specific houses to be demolished. For the construction of new homes will be created the Fund of assistance to renovating housing that will be able to receive plots without bidding.

On Tuesday, April 4, in the state Duma held an extended meeting of the Council with the participation of Sergei Sobyanin. The mayor said that after 20 years, more than half of the buildings are in disrepair, so they still have to bear, even spending for the overhaul of billions of rubles. To obtain equivalent housing for the owners of cheaper than equivalent, because the market value of apartments in the same area in new buildings 30% more sure said. In all, the city is expected to carry almost 8 thousand houses, which are home to 1.6 million people.

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