YABLOKO demands that General Prosecutor’s Office must prevent demolition of small shopping stores
Press release, 30.03.2016
YABLOKO Chairperson Emilia Slabunova forwarded a request to the General Presecutor’s Office demanding to launch an anti-corruption investigation of the Civil Code provision which allowed the city officials to demolish the sales premises in Moscow. YABLOKO claims that demolition of sales pavilions may continue to take place in other regions of Russia as well.
The demolition of sales pavilions in Moscow became possible after introduction of an amendment to Article 222 of the Civil Code of Russia granting municipal authorities the right to demolish immovable property without any additional legal moves if such property is “erected in a plot of land allocated for purposes other than construction, situated in a specific area, a public space or alongside utility lines of federal, regional or local significance”.
Emilia Slabunova claims that the provision contravenes Artcile 35 of the Constitutuon which states that “no one may be deprived of property otherwise than by a court decision”.
Moreover, the law is corruptogenic. According to YABLOKO Chairperson, the law “establishes unduly broad margin of appreciation or the possibility of abusive application of exceptions to the general rule”. “The actions of the authorities can be dictated not only by the law but self-interest veiled by observation of the current law,” Slabunova’s application says.
“At the moment the new provision grants possibilities for demolition of sales pavilions at the territory of city districts but there is a possibility that municipalities may make decisions on demolition pleading Article 222 of the Civil Code,” Slabunova said.
Earlier Sergei Mitrokhin, Member of YABLOKO’s Federal Political Committee and Chair of Moscow YABLOKO, farwarded an application to President of Russia Vladimir Putin with the demand to dismiss Moscow Mayor Sergei Sobyanin in connection with the gross violation of property rights caused by the mass demolition of sales premises in Moscow.
Posted: March 31st, 2016 under Support of Small and Medium-Sized Businesses.