The presidential Council for codification and enhancement of civil legislation criticized the bill on the renovation of five-story building in Moscow, wrote in a Wednesday newspaper “Vedomosti”. The publication familiarized with the project of expert judgement on this bill.
In conclusion, experts say that the bill is not the solution – upgrade the housing stock. The main reason for the appearance of the bill – concern about the hypothetical interests of citizens, experts point out. However, citizens may have personal reasons to not agree to move to more comfortable premises, and the desire of the individual to be respected, as it is embodied in the institution of private property, noted in the conclusion.
In addition, experts of the President not agree that Moscow is planning to terminate ownership rights of dissent with the relocation of residents. They note that the process described as “technical,” while from the point of view of the constitutional rights he is one of the main. “The level of constitutional guarantees of private property rights may not be reduced by the implementation of even the most attractive projects”, – quotes the edition of the expert opinion.
Totally unacceptable, the Council calls the substitution of two institutions: the withdrawal of land plots for state needs – termination of ownership. Experts emphasize that, “this proposal is based on the contempt of private property rights, the protection of which is guaranteed by the Constitution.” The authors emphasize that in contrast to the institution of the withdrawal mechanism proposed by Moscow, does not contain the possibility for citizens to demand monetary compensation in return for their housing.
Questions from the experts cause and other provisions of the bill, including those concerning judicial review of disputes. Overall, the Council notes that “the establishment and functioning of legal state <…> requires the use of adequate legal mechanisms to address economic and social problems.” “These legal mechanisms has not been found yet”, – concluded in the conclusion.
“Vedomosti” noted that the draft conclusions were approved without objection.
On Monday a bill on the demolition of the buildings was supported by the government Commission on legislative activities. From her comment implies that the draft law can be passed given the number of observations.