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Monday, February 19, 2018

A second wave of demolition of unauthorized constructions took place in Moscow much more relaxed

The city authorities seem to have drawn the right conclusions from noise by the public about the so-called “night of the long buckets”. The first wave of demolition of unauthorized construction in Moscow has caused many a storm of indignation. A second wave of demolition, held in the capital on Monday night, caused a very different reaction.

On the night of 29 August in Moscow started the second “night of the long buckets” – so dubbed the demolition of buildings and structures, which, as decided at the city hall, built without proper documentation and legal procedures. The demolition began around midnight in the presence of journalists. Mostly demolished one-story buildings: retail stores, small restaurants and cafes.

“No accidents and incidents were not”

It is a large demolished building was located near the metro station “Elektrozavodskaya”: a three-storey shopping center “Electron”. The demolition will be delayed for two nights: the night from Sunday to Monday and Monday to Tuesday. “No accidents and incidents was not” – told reporters the head of the state Inspectorate for real estate of Moscow Sergey Sokurov.

As reported TASS, the objects recognized by the municipality illegally constructed in two ways. First – if it turns out that the land plots for capital construction, the city is not isolated; the second, if it was discovered, that a permit for the construction of capital objects and acts for their commissioning was not granted.

A new phase of demolition is very different from that of February. During the second “night of the long buckets” was demolished significantly less objects – only 29, although in total it was supposed to demolish structures 107 (84 of them were in close proximity to the metro). The fact that the majority of property owners agreed to dismantle it yourself, for which she received compensation from the state.

This right was during the first wave, however, many owners did not use it, as time does not sort out the situation: that was fast demolition. But the second wave of property owners by surprise was not. The list of objects recognized by the squatter, was pre-published on the website of the municipality. Moreover, according to lawyer Artur Airapetov, representing the interests of some owners of demolished property, the next “night of the long buckets” was postponed at least once. “It was planned to publish the list as an Annex to decree of the government of Moscow, 8 or 7 June”, – the lawyer told the newspaper VIEW. However, later the terms were changed, the resolution of the demolition, the municipality has adopted only on 28 June.

This false start, on which many of the interested persons knew, of course, gave the owners more time to think. More than two months of negotiations of the municipality with the owners subject to the liquidation of the estate, as well as with tenants.

“The city continues to be free from hazardous squatter. I beg to bring to the owners of the objects of today’s decision, to assist tenants in finding new retail space. Moreover, the lack of them in the city does not exist. Today, more than 3 million square feet of retail not busy”, – said Sobyanin on June 28.

It turns out a great contrast with the first demolition of the unauthorized construction in February 2016. Then, the operation carried out in the night, unexpectedly to the public, has received considerable attention because of its suddenness. In the first wave of “night of the long buckets” was demolished a total of 104 buildings. Among them was the famous Moscow buildings: first of all, the shopping center “Pyramid” near Pushkin square, built here in the early 90s. At that time in the appearance of this building, some Muscovites, especially pertaining to the printing press, saw some symbolism.

At that the legend did not find, however, documentary evidence), “Pyramid” was built on the site where in 1990, opposition politician Boris Yeltsin allegedly promised after his victory to arrange an analogue of Hyde Park – where anyone could give a speech or hold a rally. Pushkin square, as is known, in the perestroika years was often the venue of different political actions and meetings of politically active citizens.

Then there were the edition known throughout the country publications: “Moscow news”, “New age” and “News,” whose publication frequent the area often eagerly discussed. In our days, as far as we know, the creation of Hyde Park in place of the “Pyramid” in the plans of Moscow city hall no. Spring is here appeared installation that caused a lot of controversy and prompted the mayor of the capital Sergey Sobyanin to Express an opinion on their aesthetic value.

As the press service of the Moscow Department of economic policy, the compensation that will be given to the owner of the demolished facility, will be 55 thousand rubles for every meter of demolished real estate. The money is paid if the owner demolished a squatter yourself. If for technical reasons it could not carry out the demolition, but gave his consent, the amount of compensation is reduced to 51 thousand rubles.

Those who such consent is not given and demolish your property alone refused, can only rely on the courts. Now, according to Airapetov, the owners of 15 properties appealed to the Moscow city court. Their property during the pendency of claims, of course, to communicate will not. There are other options. The same owners of the “Pyramid” was able to sell it two weeks before demolition. The new owner eliminated the shopping centre itself, received from the municipality compensation.

“It’s certainly not the last wave of demolition – predicted in an interview with the newspaper LOOK Airapetov. – There will be a third, fourth, fifth… If the constitutional court does not recognize this practice unconstitutional, it will be repeated in other cities.”

It seems, however, that now the Moscow example was contagious for regional governments. So, in the Crimea announced a massive operation to demolition samostroev. “By September 1 of the current year inventory 100-meter strip in the coastal zone of the Crimea will be completed. Immediately on its completion the government of the Republic ready to proceed with the demolition of illegally constructed facilities,” – said the head of the region Sergey Aksenov. In June, the demolition of unauthorized constructions took place in Sevastopol.

The record for the demolition samostroev for today is Sochi. Here, as reported by RIA “Novosti”, according to the decisions of the courts, subject to demolition of 577 objects of unauthorized construction. Unlike Sochi, Moscow the liquidation of the illegally built objects goes out of court, according to paragraph 4 of article 222 of the Russian Civil code. In it local authorities were allowed to decide on the demolition in the case that the object of unauthorized construction is in a zone with special conditions of use of the territory, or on public areas (in the case of Moscow, as a rule, this meant that the facility is built close to the subway) or in the right of way engineering networks of Federal, regional or local importance.


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