A resident of Moscow, which does not agree with the program of renovation, filed a lawsuit against stalinym authorities. She believes that Moscow law violates provisions of the Constitution and the Housing code
A resident of the house that gets demolished in the framework of the renovation program in Moscow, has filed a lawsuit against the city authorities. This was written in Facebook by a former state Duma Deputy Dmitry Gudkov.
We are talking about a resident of the district Perovo, her name is not reported. The lawyer and the representative of the applicant Alisa Obraztsova told RBC that “does not have much illusions about a positive outcome of a lawsuit in the Moscow city court”.
“Of course, we are ready to reach the Supreme court, to overturn 1 and article 3 of the Moscow law on the renovation, but we have to wait for the beginning of the decision of Moscow city court,” said Obraztsova.
Gudkov in his post wrote that the lawsuit challenged several provisions of the law. According to the applicant, the Moscow law on the renovation violates article 35 of the Constitution (“no One shall be deprived of his possessions except by court order”). Another point of the lawsuit challenges the provision that the General meeting of owners (MNOs) will consider this issue of demolition. This, according to the applicant, contrary to the Housing code.
The lawyer expressed the hope that this lawsuit will not only and he will make the residents of other buildings who do not agree with the renovation, to go to court.
“Our claim is the first step. I hope this will lead to a large number of similar claims. And later this number will affect the quality of adopted legislative acts,” she said.
Head of Department of media relations and public relations of the Moscow city court Ulyana Solopova told RBC that while the lawsuit against the renovation project of the housing stock in Moscow is not registered. “On the bases of the office of such claims was not” — said Solopov.
The partner of legal Bureau “Padva and Epstein” Anton Babenko believes that the action against the draft law on the renovation, which says Dmitry Gudkov, “not normative justified”. “It is unlikely that such a claim has some prospects to meet. And there is absolutely no policy. From a legal point of view, the position here is stronger than the Moscow city Duma, and not the plaintiff,” he said.
In particular, no substantiated allegations of abuse by Moscow law 35 articles of the Constitution on the right to private property. “The article States that expropriation of property for state needs may be made subject to prior and fair compensation. At first glance, the forthcoming law provides for equitable reimbursement,” said the lawyer.
Babenko considers that the argument on violation of the Housing code are also “unlikely to lead to a claim”. “The General meeting of owners must decide the fate of the property. If one of the tenants will not agree with him, he’s meeting the challenge,” he explained.
Deputy mayor for urban policy and construction Marat Khusnullin on the air of RBC said that the first houses that will be built for the residents of demolished five-story building, will be ready within six months.