Up
Communists support property
29.04.2016
Communists filed a petition to the Constitutional Court to hold unconstitutional the provision of the Civil Code on non-judicial demolition of objects recognized as unauthorized structures. The petition signed by 92 deputies was filed to the court on Thursday by Deputy Valery Rashkin. In February the Moscow authorities started to demolish 104 objects recognized as unauthorized structures. The communists consider part 4 of art. 222 of the Civil Code to be unconstitutional; this provision allows to hold structures unauthorized and to demolish them without a court decision if they are situated in a zone of special conditions of area use, a communal area, or a right of way for utility networks. Local self-government bodies may make decisions to demolish objects without participation of the owner, and, according to the applicants, the legislative provision has no mechanism of ownership rights protection for unauthorized structures.
Owners of demolished objects in Moscow tried to appeal against the demolition order made by the Mayor’s Office already before its start, but all of their arguments were rejected and the proceedings for the appeal in Moscow City Court were suspended, lawyer of YUST Law Firm Dmitry Smolnikov reminded to Vedomosti newspaper.
The Constitutional Court will probably determine the constitutional legal meaning of part 4 of art. 222: strict construction of this provision implies that non-judicial demolition is only acceptable if “the person that builds an unauthorized structure was not determined”, the lawyer mentioned. If property rights are registered with Rosreestr the owner is known and therefore this provision simply does not apply, he said.
Read more
Communists filed a petition to the Constitutional Court to hold unconstitutional the provision of the Civil Code on non-judicial demolition of objects recognized as unauthorized structures. The petition signed by 92 deputies was filed to the court on Thursday by Deputy Valery Rashkin. In February the Moscow authorities started to demolish 104 objects recognized as unauthorized structures. The communists consider part 4 of art. 222 of the Civil Code to be unconstitutional; this provision allows to hold structures unauthorized and to demolish them without a court decision if they are situated in a zone of special conditions of area use, a communal area, or a right of way for utility networks. Local self-government bodies may make decisions to demolish objects without participation of the owner, and, according to the applicants, the legislative provision has no mechanism of ownership rights protection for unauthorized structures. Owners of demolished objects in Moscow tried to appeal against the demolition order made by the Mayor’s Office already before its start, but all of their arguments were rejected and the proceedings for the appeal in Moscow City Court were suspended, lawyer of YUST Law Firm Dmitry Smolnikov reminded to Vedomosti newspaper.
The Constitutional Court will probably determine the constitutional legal meaning of part 4 of art. 222: strict construction of this provision implies that non-judicial demolition is only acceptable if “the person that builds an unauthorized structure was not determined”, the lawyer mentioned. If property rights are registered with Rosreestr the owner is known and therefore this provision simply does not apply, he said.
Read more
Rankings and Partners
