The structure of “Gazprom” achieve in the regions of demolition of cottages near the pipelines, citing safety regulations. The situation became interested in the Kremlin, and the business Ombudsman Boris Titov has not excluded collective claims
Gardeners on the tube
In the Kremlin know about the situation with the possible demolition of private houses due to the proximity to the infrastructure of “Gazprom” and remind them of legitimate ways of protecting the interests of homeowners, said Wednesday, July 13, the press Secretary of the President.”We have seen media reports about this. However, the circumstances are different in each case. Yet, perhaps, it is not necessary to speak about mass character”, — Peskov said (quoted by TASS).
Demolition of private houses the Kremlin commented for the first time since 2010, when the Moscow village of Rechnik was demolished several illegally constructed, according to the Moscow authorities, homes. The scandal came to then President Dmitry Medvedev. On his behalf have established a working group to assess the situation in Rechnik, which recognized the actions of the authorities legal.
Now the initiator of the demolition are structures of “Gazprom”. In the files of arbitration cases RBC managed to find about 140 cases initiated structures of monopoly, of the illegal building in the protected zones of pipelines. The essence of the requirements of the structures of “Gazprom” in most lawsuits, the owners of illegal structures should demolish them at their own expense. The proceedings continue, some of them since 2008.
For example, on Wednesday, July 13, Ramensky city court started to consider the claim “Gazprom transgaz Moscow” for the proprietress of a country house and in the garden partnership “Aksenovo” Ramensky district of Moscow region Alexander Evdokimova. As told RBC representative of the initiative group “Aksenovo” Julia Cheremkhina, plots were allotted in 1989, the staff of the Institute of mining them. Skochinskogo and the waiting of the Executive Committee of the Ramensky district. By the time near the parcel was already the pipeline next to which, according to Sherstjanoi, at different times, “passed the ski run was conducted races on SUVs and grew weeds”. According to her, owners of land had not been warned of the danger. “The question is: if we all were in the danger zone, the officials who gave us permission to land and all this time I was allowed to live here, should be punished?” — surprised Cheremkin.
Last year in Aksenovo came “men in jeeps”, vspomnit Cheremkin. They handed the Chairman of the garden Association a letter of notification from the LLC “Gazprom transgaz Moscow” about the fact that 52 is the so-called zone of the minimum distances of the pipeline, which, according to the Russian legislation, is 150 m. the notice contained a requirement to voluntarily demolish the buildings on these sites. Members of the garden Association refused, and “Gazprom transgaz Moscow”, filed the first lawsuit in the Ramensky city court. Now, as suggested Cheremkhina, the claims of “Gazprom transgaz Moscow” will start to come to all members of the garden Association.
Members Aksenovo wrote a petition to President Vladimir Putin published on the website Change.org. In it, they ask Putin to stop the eviction process Aksenovo of legally built houses, because the registration documents for land no encumbrances no.
Similar problems arose for members of garden associations Khotkovo in Sergievo-Posad district of the Moscow region, where “Gazprom transgaz Moscow” insists on the eviction and demolition of 22 houses due to their proximity to gas station, says Sherstin. Lawyer Dmitry Mikhalevich, who represents the interests of the members of the garden associations, says that a subsidiary of “Gazprom” already has a victory in the courts. “In 2015, the same process took place in the Solnechnogorsk district of the Moscow region, the court sided with Gazprom,” — said Mikhalevich.
The petition of the representatives of Aksenovo States that the structure of “Gazprom” insist on the demolition of buildings across the country. In particular, list the authors of the petition, the problem arose from the residents of the village of Novosineglazovo Chelyabinsk region, members of gardening partnerships “Sunny” cooperatives “Coastal”, “Zarechnyy” and “Health” in Surgut, etc. Regional media reported about similar issues in Tomsk, Tambov, Lipetsk and Komi Republic. According to Mikhalevich, about six years ago trial on the issue of evictions took place in Voronezh, he eventually ended in victory for residents of the local garden Association in the Supreme court of Russia. After this litigation, the lawyer was not in favor of the truckers.
Protection Of The Kremlin
The representative of Gazprom told RBC that the control of the subsidiaries monopoly over the observance of protection zones and minimum distances to gas pipelines is carried out in accordance with the law”. Meaning — in the security of life and health of citizens, said the representative.
The chief of service on public relations and mass-media “Gazprom transgaz Moscow” Konstantin Manautou says now that the company requires in court the demolition of several hundred buildings in ten regions — from Moscow to Voronezh regions. “In Bronnitsy violations relate to security zones in close proximity to gas distribution station (GDS), but most of the claims relate to the extreme proximity of the buildings to main pipelines. Buffer zone around such facilities is not less than 25 m in each direction. Area minimum distances from 50 to 350 m depending on the diameter and performance of the pipeline.”, — he says. According to Masaulov, the company discovered and began to solve the problem of demolition of such structures in 2012. He says that about the prospects of demolition had informed the administration of the districts or chapters dacha. The fact that not all of them informed about the situation of property owners, “daughter” of “Gazprom” does not consider it his fault.
According to Masaulov, the problem of building in security zones of pipelines and GDS emerged due to the renewal during the land reform in 1990-ies of the lands dacha, where were previously prohibited residential development. Such land was reissued in suburban partnership, in which construction is allowed. Often, in his opinion, the renewal was illegal.
Most often the structure of “Gazprom” make claims to residents, gardeners, whose homes are not in a protected zone of the pipelines, where the build is absolutely impossible, and in the area the minimum distance a building is not prohibited, it is regulated by building codes, says Mikhalevich. In the case of vacationers from Aksenovo gas industry claims unfounded, as the permission to use the land were issued officially, he said. “Granted it was most likely because the pipeline was not marked on the plan of land. If he had, no one official would not take responsibility to settle people there,” — said Mikhalevich.
The Commissioner for human entrepreneurs Boris Titov said on Wednesday of the intention to issue collective claims to “Gazprom” together with the house owners. “I suggest we go to our Party’s growth — we make collective claims to “Gazprom” with the requirement to cease operation of gas pipelines,” wrote Titov in Facebook. He believes that “Gazprom” should carry the pipeline if it was constructed later cottages.
Michael Gurjev, partner of the law Bureau “A2”, notes that the importance for the court to have the legality of the buildings and the land. Not all gardeners have registered such buildings to avoid paying property tax, he said. The chances of the cottagers is increased if they prove that the pipeline was built later than the house, and without appropriate public hearings, but in this case, the guarantee of a positive decision of the court is not, warns lawyer: “there were numerous cases of officials cheating the buyers of such land. Sometimes it is not intentional but out of ignorance. Not all have information about security zones on this earth. The courts in such cases often stand on the side of the owners of the pipelines.
Not only “Gazprom”
Not only “Gazprom” faces of residential or commercial buildings in the buffer zone of pipelines. According to the official representative of “Transneft”, the company recorded more than 1,000 cases across Russia, when cottages and other buildings located at a distance of less than 150 metres from high pressure pipelines. This prevents access to specialists at their repair and difficult to eliminate accidents. According to him, there are court decisions on the demolition of such buildings at the expense of the owners, but execute them only a few defendants. The company is struggling with such a construction more than three years. The majority of such cases, according to Demin, is illegal buildings, and in some regions, for example in the Ramenskoye district of the Moscow region, the development of protected areas of the oil pipeline continues, despite a ban by local authorities and warning that it threatens the life and health of people.