Photo: Alexander YakovlevITAR-TASS
The presidential Council found violations of the constitutional rights of citizens, the draft law on the renovation of five-story building in the capital. Its consideration in the Duma scheduled for April 20
The presidential Council for codification and enhancement of civil legislation criticized the bill on the renovation of five-story building in Moscow, “Vedomosti”.
In conclusion, experts note that the bill of the renovation of five-story building in Moscow is not the solution — upgrade the housing stock. According to them, the main cause of the bill — concern about the hypothetical interests of citizens. However, they 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. Among the possible reasons for failure the authors unwillingness to live away from relatives or to change the familiar surroundings in old age, or to change schools.
Also, experts do not agree with how Moscow plans to terminate ownership rights of dissent with the relocation of residents: the process described as “technical”, although from the point of view of constitutional rights 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 social facilities, quoting “Vedomosti”, the authors conclusion.
Totally unacceptable experts called and the substitution of two institutions: the withdrawal of land plots for state needs — termination of ownership. According to them, this is based on the contempt of private property rights, the protection of which is guaranteed by the Constitution. Unlike the institution of the withdrawal mechanism proposed by Moscow, does not contain the possibility for citizens to demand monetary compensation in return of their homes, experts say.
The Council under the President there are questions to judicial consideration of disputes: Moscow offered to leave the property owner the opportunity to challenge the court’s decision only in terms of the equivalence of provided housing. This makes the decision of administrative body unchecked and irrevocable judicial order, which is contrary to inter alia the principle of separation of powers enshrined in the Constitution, experts explain.
In the conclusion of the presidential Council for codification and enhancement of civil legislation noted that the Moscow authorities set a task requires other approaches to address it, and the bill needs to be reworked. “These legal mechanisms has not yet been found”, — experts say.
Recall that the government Commission on legislative activities endorsed the initiative of the deputies of the demolition of five-story building in Moscow. However, the bill, according to Federal officials, needs work.
Previously the state Duma Committee on housing policy and housing found violations of the Constitution, the bill of the demolition of five-story building in Moscow. According to the head of the Committee Galina Khovanskaya, the draft law violates articles of the Constitution, which relate to judicial protection, civil relations, property rights.
We will remind that on April 20 the state Duma held the first reading of the bill on the second stage of the demolition of the buildings between 1950 and 1970-ies in Moscow. The city authorities are planning to demolish almost 8 thousand houses with an area of about 25 million square metres, home to 1.6 million people.