In September, the Crimean authorities will begin demolition of buildings, recognized self-willed, "including stationary and non-stationary", he said in June, the head of the republic Sergei Aksenov. In total, it is estimated the main architect of the Crimea Alexander Kuznetsov, in the Crimea, there are about 30 thousand. Objects that were built illegally. As told RBC two sources in the Commission to curb the unauthorized construction of the Crimean government, the fall could fall under the demolition of about 6 thousand. Objects in the hundred-meter coastal zone throughout the country. This can be spent around 1.3 billion rbl., That the Crimean authorities then expect to recover from samostroya owners. In Moscow, for comparison, in 2014, it was torn down only about 2 thousand of stationary objects, and in the famous "Night of the Long bucket" in February 2016 -. About a hundred.
Cleanup has already begun. In the region of the Crimea have begun to demolish the unauthorized construction and anti-squatting beaches in the summer of 2015, but it is up to April 2016 were "point event." Demolition will begin this autumn. In April, when the Council of Ministers of Crimea was createdCommission to curb the unauthorized construction, which must approve the final list of objects to be demolished.
In September 2015 the State Duma deputies have made changes to the Civil Code of the Russian Federation. According to Art. 222 of the Civil Code of the Russian Federation, local authorities may demolish unauthorized buildings in areas of common use or in areas with special conditions of use (eg, on the paved communications) without a court order, said Vladimir Halaimov, lawyer of "Yurkorpus".
Pilot cities, which are now carried out with the help of the Commission complete inventory of land in the hundred-meter coastal zone and identifies unauthorized construction, steel Yalta and Alushta. Lists samostroya to be demolished throughout the territory of Crimea, to be published on 1 September.
So, in June and July at the meetings of the committee object 241 in Yalta and Alushta was found illegally placed and to be dismantled. While these lists appear mainly garages, fences and kiosks, the largest objects - it is different cafes, but this is only the beginning. "In the hundred-meter coastal zone must be objects neposrectly related to the sea, - administrative buildings, marinas, beaches, health centers and inventory storage, - said the chief architect, Alexander Kuznetsov Crimea. - Cafe there also may be, for example, on the waterfront and if their treatment facilities do not go to sea. "
The owners of the property without
"Most of the owners of buildings forged documents, the originals they provide can not show a photocopy, - says committee member, who requested anonymity. - Or show documents under the jurisdiction of Ukraine. Most of these documents are subject to question. "
According to Kuznetsov, demolition should go objects that represent a danger to humans or to the environment. "Definitely will be demolished if the object is on the lanes next to the deep collector pipeline - says Kuznetsov. - In all other cases it is necessary to look and to give an opportunity to correct the shortcomings in the documents. "
However, in practice, for example in Yalta, everything was going wrong, say the Crimean entrepreneurs. "We were Connected to the beach sewer which communicated with the city and the sea does not dumped, "- says Love Troshenkov, owned dining" Relish "for 80 seats on the Seaside beach Yalta. However, since May 15 Troshenkov dining room was demolished. Now in its place works similar institution, says she confirms Tatiana Litvinskaya owning a beach cafe "Best" in the neighborhood, which was also hit in the lists to be demolished, but not yet demolished because of ongoing ships. Curiously, the cafe and Troshenkov Litvinsky were listed on the balance Combine beautification of Yalta City Council. That is actually the owners rented facilities samostroem recognized by the state.
For each facility, the period of voluntary demolition was set (in most cases, no later than the end of July), but many owners of these deadlines are not missed, and now the commission has dismantled several dozen objects itself.
The owner of the cafe "Hottabych" Mila Selyamieva, 2004 Yalta, rent from the roof of the administrative building at the Seaside beach, had voluntarily demolish the building to 2July 9, 2016. Selyamievoy We also have a lease agreement with the Works of improvement even in 2012, when the Crimea was part of Ukraine (have RBC). In April 2012, a supplementary agreement to the lease contract was extended until April 2014. "If no action to terminate the contract was taken by the lessor or the lessee, the agreement is deemed to be extended for an indefinite period", - says lawyer of "Legal Watch" Alexander Moloch. At any time, the landlord may decide to terminate the contract, but is obliged to notify the tenant, adds a lawyer for three months.
In February 2016 Yalta landscaping plant was eliminated and its functions transferred part of MUP "Joint Management Company", which was headed from Moscow Temerlan Jazan, who worked previously as Director of Development in the construction company "Eurosystem". Spring Joint management company shut off at the cafe, located on the beach, light and water, says Selyamieva and confirms Litvinskaya.
In March, the MUP held a contest and gave Primorsky beach rental "Jaguar" LLC was established in late 2015. "We have a design project [reconstruction of the beach] - this time. Secondly, everyone was demolished - it was illegal samostroi. They ended leases, and all were sent notices ", - he told RBC Temerlan Jazan. Selyamieva, Troshenkov Litvinskaya and say they do not receive a notice of termination of the contract and the impending demolition.
"In such cases, the documents are sent by registered letter with acknowledgment of receipt, by notification, - says lawyer of" Ilyashev and Partners "Olga Gornik. - If a party claims that did not receive the notification, it is subject to a dispute that the court has to decide. "
Between Ukraine and Russia
At the same time a clear answer about whether the object from the list of Commission samostroem, no, says lawyer of "Legal Watch" Alexander Moloch: "The land legislation of Russia and Ukraine, there are contradictions. Ukrainian legislation in this regard, it was softer, so now there are many objects that were nUkrainian parameters, but does not pass through Russia. But the law should not be retroactive, worsening the position of the citizens. " At the same time receive compensation in international courts in the Crimean property owners have no chance - they will not consider claims from residents of the unrecognized republic.
Large-scale demolition sites will start in September. "I just do not want to do it in the midst of the holiday season. Quay, of course, you need to put in order ", - said Sergey Aksenov.
"We were given the command to make an inventory of all land property in the hundred-meter coastal zone and create registers illegally occupied areas, - says RBC source working on the commission. - In principle, municipalities have the right to approve all of this on their own, but they apply to the committee, if there is any conflict or disagreement. Then we make a decision on the level of the Council of Ministers. " To defend the position of the Council of Ministers in the courts, on the basis of the unitary enterprise "Krymdorsvyaz" specialized legal department will be set up shortly, addedis he. After you have finished with the hundred-meter coastal zone, all over the Crimea will be an inventory of the 500-meter zone.
The budget of the Republic of Crimea from the demolition of unauthorized construction, which is mostly owned by small businesses, not much to lose, the director of the regional program of the Independent Institute of Social Policy Natalya Zubarevich. The budget revenue from small business is reflected in the "Taxes on comprehensive income" line, and receive municipal budgets. According to a report on the implementation of the budget of the Crimea, in 2015, this article was a little more than 900 million rbl., That in the total budget revenues of about 90 billion rubles. 1%.
However, the social consequences can be serious budget: for many residents of the Crimea involved in a small business, would sweep painful. "Cafe - the only source of family income - complains Litvinskaya. - We have been working here for 20 years, and it is unclear how we will live, if it is torn down. "
"The whole of Crimea, the entire coastal zone - this is a small family business, cafes, small shops, and in many cases, people actubut there are permits. Naturally, when they demolished, it will create significant social tensions, "- says the chairman of the Sevastopol Regional Branch of the" Support of Russia "Valery Vasyunin.