After renovations reconstruction begins. First victims of the next swindle

on May 25 in Municipal court of Moscow meeting in claim to Moscow Government inhabitants of quarters of 47−48 Kuntsevo District Moscow took place. The statement of claim concerned the resolution Moscow Government of November 21, 2017 No. 903-PP about the approval of the site planning of the territory (PTT) of the specified quarters. Claimants regarded city hall plans as attempt raider captures 28 hectares of the earth in interests of PUBLIC JOINT-STOCK COMPANY "GROUP OF COMPANIES PIK". As the correspondent information agency "REGNUM" reports, in a court hall nobody assigned great expectations to the positive decision on claim, and court fully met such expectations.

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"It is refused completely satisfaction administrative claims" to — the judge at the end of meeting declared.

"Who would doubt" — sounded in reply from one of claimants.

This time the Moscow authorities declared

reconstruction of quarters and decided to work already much less delicately, than within renovations — now to citizens at all did not leave chance to defend the right of a private property, having simply presented owners of apartments with a fait accompli fast demolition of 37 brick houses which were not recognized neither shabby, nor emergency. Moscow Government together with PUBLIC JOINT-STOCK COMPANY "GROUP OF COMPANIES PIK" planned building of the specified quarters by multystoried residential buildings, thus the site planning formally proceeds from this as if in the territory there are at all no residential buildings really being there.

In attempt to resolve a problem inhabitants of quarters went for public hearings, left remarks, made protocol about general meeting — undertook all possible in return actions, however, in spite of the fact that on hands of inhabitants of apartment houses there were all documents of title, the State registry did not put the house adjoining territory on the account, breaking the federal law, did not respond to the requests. As a result people were compelled to appeal to court.

Under the law procedure had to be following: at first the decision on recognition of houses shabby, or emergency has to be made, then there has to be an address list with the included there emergency and shabby housing. In practice in Kuntsevo all decisions were made (and, probably, will be still accepted) upside-down, a post factum.

Moscow Government had no right mezhevat the earth at discretion because it violates the rights of owners of premises. However representatives of Moscow Government say that the challenged resolution does not contradict neither to articles of the Civil code, nor articles of the Housing code. They explain the argument only to that plans about housebreaking — it only "possible option of use of the territory in the future" . However even in such formulation recognition is covered that the land plots on which there are houses of claimants, actually do not belong to owners of premises and apartments in houses, residents are sure.

"In this formulation cover non-recognition by the respondent of the right of citizens on the land plots … It violates already the right of claimants for the free order the property, and not only a right to housing — resettlement, maybe, and it will appear the good offer, but people have the right to solve and have the right to dispose, make decisions" — one of representatives of residents of Kuntsevo declared.

the Project is inseparably linked with the order of Moscow Government 2003 which orders demolition of emergency and shabby housing. However at that time the address list was attached to this order and there only three houses appeared from two specified quarters. The decision of the town-planning and land commission Moscow about preparation of PPT was accepted without approval by a representative body of local government.

"Any of these houses has no relation to our history to Moscow Government" is accepted by — claimants stated.

However rather ridiculously calming assurances of the Moscow officials look in the light of that Moscow Government already managed to issue the order where there is a direct reference on the site planning of territories of quarters 47−48. Thus in the text of the document it is specified that agrees just to this site planning the specified houses and are subject to demolition!

"Reputable court has to nullify the challenged resolution because it accurately does not determine any parameters — that take down why on the basis of anything, why, for any terms. Time it such uncertain and unclear, investors made, probably, for pleasure who likes to invest money, then it it is necessary to recognize simply invalid on this basis! Or it quite certain also provides demolition — but is unclear, on what civil basis" — residents declared.

Despite it, in the version Moscow Government the site planning of territories is represented as the methodical plan of the future of developments quarter which appears as though anywhere and in itself.

"Appears a certain interested person who in the future, being the philanthropist, invests big money in hope for the long-term future that this territory by itself will be freed, houses will disappear, and here just like that for something they will make this project" by — one of claimants ironically noticed.

as the additional basis to cancellation of decisions Moscow Government claimants referred to the actual not passing of public hearings according to the site planning.

In presidium was not anybody neither from designers, nor from the city authorities, and the role of the representative of authorities at these "hearings" was played by the actor Semenov Gennady . There were also representatives of the builder — employees of the center of agglomeration which is engaged by orders of the builder in communications and maintenance of housing estates and preparation for public hearings. They placed emphasis that the project is just developed, it still actually is not present. Though earlier at meetings with inhabitants in the yards of houses they said that business already solved, and under the guise of collecting wishes on moving they conducted a collecting signatures in support housebreaking.

At a hall there was a deputy Moscow City Duma from Communist Party of the Russian Federation who in the speech from a hall paid attention that in presidium even there are no none of owners who would express interests of inhabitants. Being present it supported and called the events the farce.

to the words claimants presented to

video from which follows To confirmation that members of the district commission of joint stock company on town planning and land use were not present at meeting, and protocol public hearings was kept by nobody. Later protocol public hearings was issued backdating and presented on a court session. Thus in the document there were no signatures of members of the district commission which worked in the period of time of carrying out meeting.

the Document arose directly to a court session! In this regard at meeting the question of the petition in connection with forgery of documents was raised. Claimants and entrusted asked to take a break for question discussion, however the judge refused to them it.

the resolution of April 18 that the list of the houses which are subject to demolition, is appeared

In the same way directly to a court session wonderfully also — after at last meeting on May 11 claimants specified that their houses cannot go under demolition as there are no corresponding lists.

"Perhaps to the following time you will prepare, what at our place and emergency? " — one of inhabitants ironically offered the judge during the last meeting.

Should notice that the only time the judge tried to bring in essence claimants to a mistake in the line of protection at discussion of destiny protocols public hearings — on the ground that to bring up a question of incompetence protocols followed in advance. However, besides, about existence protocols, antedated, claimants learned only in day of judicial hearings …

Claimants referred to huge number and other violations: so, they specified that PTT is made without environmental assessments, the investment contract on reconstruction of quarters 18, 47 and 48 municipal Kuntsevo District was signed in 1996 with with CJSC "KUNTSEVO-INVEST", however then the rights passed into advantage "GARAGE COOPERATIVE PIK", and on what bases it occurred, remained up to the end not found out.

Nevertheless, many questions and hung in mid-air — could not explain many circumstances round two quarters of Kuntsevo and being present at court respondents from Moscow Government.

Antonova Darya © information agency "REGNUM"

Respondents

After the requirement to answer in essence, the representative of Moscow Government declared that he already answered this question more exhaustively. The judge even stood up for the molodny official — it is impossible to demand from the person now to tell lecture about document flow.

Episodes of debate looked approximately as follows:

I: The site planning is prepared for the built-up territory or vacant?

O: It can be developed in any territory …

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I: I understand that it can be developed in any territory, I have a specific question: the resolution No. 903 for the built-up territory or vacant?

O: It is developed for any territory …

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I: You scoff?

O: You believe, our position is what we deny what houses are in this territory?

I: I believe nothing, I want to hear the answer to a question simply! the 903rd for what territory is provided? For built up or not?

O: Today this territory is built up!

I: Yes I understand …

O: In the corresponding borders on the basis of prefecture …

Or so:

I: Correctly I understood, what Moscow Government on money budgets Moscow can accept and do territory site plannings which in principle are necessary to nobody? Just like that, because they so wanted?

O: I already told about it

the Judge: What relation it has to our business?

I: At the expense of budgets, simply wanted and claimed!

Judge: You still have questions?

I: You say that the contravened statement is not the basis for demolition. Why then it is on hand written, what "for the subsequent eviction of the houses which are subject to demolition according to the site planning of territories of quarters 47−48, approved by the resolution Moscow Government 903-PP?

O: It was repeatedly said that this order is not related to dispute consideration!

I: I not about it ask, I ask why on the bylaw refer as to the basis for demolition!

O: I answered your question.

Or it is even more laconic:

I: You say that this project has character conditional, can be realized, and can and is not present, and maybe not it. You know of existence of any other projects of this concrete territory?

O: It has no to the relation to consideration of vessels.

Speech of the prosecutor and at all had almost shocking effect on claimants and their entrusted. The accuser completely agreed with a position Moscow Government and confirmed that anything especially terrible in governmental documents and is not specified: implementation of the rebuilding plan is outlined flowed very round and not specifically, with reservations in the spirit of that implementation of the project is possible in process of "lack of any obstacles for its execution" .

"Cynicism with which say that words in the project, the phrase about housebreaking that it, it seems, and not demolition as if any quantum uncertainty — can will, and maybe will not be … and whether there are other options of development, too is unclear … All this uncertainty legal creates conditions under which level of trust of the population and to executive power, and to judicial, very strongly goes down. Though now that time when it would be possible any for interests of builders and will stint even if they so good, and to address to the rights of citizens" — summarized performances of respondents and the prosecutor claimants.

"Surprisingly harmonious work of those who have to protect the law-abiding citizen! And you, your honor, and the prosecutor who, I did not believe the ears that is that who has to protect me. And young representatives of the government for whom we vote and we support — remarkably all! But feeling with which I leave from here — it not the solution of a question, this hover our and the next and medium-term, and the distant future. Probably, the system so works. Thanks a lot" — was declared by one of injured inhabitants of Kuntsevo.

of the Practician of judicial authority in Moscow consists that Moscow Government the right always in all that concerns documentation, claimants stated, thus authorities of the capital "to as always does back to front and puts inhabitants in such conditions that can challenge nothing — everything becomes it was impossible so that to make something" .

Meanwhile, apartments not only fell in price — they cost nothing now because nobody will buy the apartment in the house which goes under demolition, and inhabitants of two quarters of Kuntsevo already managed to face it.

without asking their opinion and desire, Kunetsvo's inhabitants have to move to houses which have to be not worse than that got to the program of renovations — even if it will be panel instead of present brick. The special cynicism of a situation consists that people appeared even in the worst conditions, than those who got under the program of renovations — in the latter case at least citizens still had opportunity to leave the program while reconstruction inevitably. To what also the result of judicial proceedings …

as a result obviously testifies, hoping though for any concessions, claimants asked to specify in the decision that the government resolution approved in the site planning of the territory, is not basis "neither for anything — nor for reconstruction kvartilov, neither for demolition of houses, nor for any other dalneshiya of actions that it is simple about anything" .

"It is such here the abstract normative legal act which does not generate any it is right, duties, neither for the prosecutor, nor for the claimant, neither for the respondent, nor for the third parties" — indignantly made comments on a position Moscow Government.

However the judge remained is unshakable. Court did not satisfy any of petitions of claimants. The last noted that the situation looks rather floutingly: on money Muscovites of whom budget Moscow Government consists, Moscow Government creates certain pipe dreams on the future about construction of territories which are already occupied with houses of residents and which already in principle cannot be built up — but thus looking in eyes to residents officials continue to realize this program, saying that if "are any difficulties which cannot be overcome" , this project will be right there suspended.

inhabitants of Kuntsevo Without results fight with Moscow Government more than one and a half years. Soon, most likely, claimants within a month will submit the appeal on the Moscow City Court decision Municipal court of Moscow — this time in court Supreme:

"We are not engaged in the families, we are not engaged in work. Everything, than we are engaged — in nonexistent procedures, public hearings not public hearings, we will claim to the maximum documents, we spend nerves, money and time for documents of title, for collecting these letters formal replies, including from prosecutor's offices which in large quantities come that to a nigla of any violations is not revealed … on the proof of that we it is simple not donkeys whom it is unclear where conduct".

After the judge sounded the decision, the claimants who were present at a hall and their entrusted any more did not hide the emotions, sarcastically poshuchivy about "the most fair court in the world" . By the way, respondents — young guys, but already not bad promoted on a career ladder — after the end of meeting received a small portion of venomous comments in the address: God forbid, that they in the future got to a situation when become hostages of depreciated and absolutely illiquid property to which in the future also demolition in an exchange threatens do not understand on what, and even at all on anything. Having apprehended reproaches whether with confused, whether with an ironic smile, officials went on the affairs. Working process. So, not to get used any more.

"At vessels was opportunity to satisfy the administrative statement of claim in full without damage and to the reputation before Moscow Government, and not in offense to administrative respondents. The judge could give the chance to them with honor to leave very doubtful current situation when them was jugglings backdating are allowed. But the judge Sevastyanova did not use opportunity to allow administrative respondents to recognize lawfully our 37 houses emergency and subject to demolition and only then to adopt the relevant resolution on the approval of the project and on demolition of these houses. With it we also are compelled to appeal now to the Supreme court" — one of administrative claimants Yefremova Tatyana commented on a court session to the correspondent.

Ivanov Ilya