View of Yalta, Crimea
In September, the Crimean authorities will start demolition of buildings recognized unauthorized, “including stationary and non-stationary”, said in June the head of the Republic Sergey Aksenov. In total, by estimates of the chief architect of Crimea Alexander Kuznetsov, in the Crimea there are about 30 thousand objects, constructed without permission. As told RBC source in the Commission on the suppression of unauthorized construction of the government of the Crimea, in the autumn of this demolition can get about 6 thousand objects on the territory of the Republic. It can be spent around RUB 1.3 billion, which the Crimean authorities then expect to recover from the owners of the squatter. In Moscow, for comparison, in 2014, was demolished in just about 2 thousand stationary objects, and in the famous “night of the long buckets” in February 2016 — about a hundred.
Cleanup has already begun. Crimean authorities have begun the demolition of the squatter and anti-squatting beaches in the summer of 2015, but before April 2016, it was a “point event”. This fall will begin mass demolition. In April, the Council of Ministers of Crimea established a Commission to curb the unauthorized construction, which must approve the final lists of objects to be demolished.
In September 2015 the deputies of the state Duma has made changes to the Civil code of the Russian Federation. According to article 222 of the civil code of the Russian Federation local governments can demolish unauthorized construction on the common areas or zones with special conditions of usage (e.g. over the padded communications) without a court decision, says Vladimir Khalaimov, the lawyer of the company “Yurkorpus”.
The pilot cities in which with the help of the Commission conducted a comprehensive inventory of lands in the hundred-meter coastal zone and identified the squatter, steel Yalta and Alushta. A list of unauthorized building subject to demolition, should be published on 1 September.
So, in June and July at meetings of the Commission 241 object at Yalta and Alushta was declared illegally placed and subject to removal. While these lists are mainly garages, fences and kiosks, the largest objects are different cafes, but this is only the beginning. “In the hundred-meter coastal zone must be objects that are directly related to the sea, — administrative buildings, marinas, beaches, medical centers and storage equipment, — said the chief architect of the Crimea Alexander Kuznetsov. Cafe there also may be, for example, on the waterfront and if sewage treatment plants are not put out to sea”.
Owners without property
“Often the owners of the buildings forged documents, the originals they can not provide, show copies,” explains a member of the Commission who wished to remain anonymous. Or show documents under the jurisdiction of Ukraine. Most of these documents are subject to doubt.”
According to Kuznetsov, the demolition should be objects that represent a danger to humans or to nature. “By far, the demolition will if the object is communication, and near deep-water manifold, gas pipeline, — says Kuznetsov. — In all other cases we must look and give the opportunity to correct deficiencies in documents.
However, for example in Yalta, this wasn’t the case, saying the Crimean entrepreneurs. “We were connected to the beach sewer system, which was reported from the city, and in the sea nothing is dumped,” says Love, Trosenko, who owned the dining room “Relish” for 80 seats in the seaside beach of Yalta. However, on may 15, Troshenko dining room was demolished. Now in its place works in a similar establishment, she claims and confirms Tatsiana Litvinskaya, which owns the beach cafe “best” in the neighborhood, which also was up for demolition but not yet demolished due to the ongoing ships. Curiously, cafes, Troshenko and Litvinsky numbers on the balance sheet of the Works of improvement of the Yalta city Council. The fact is that the entrepreneurs rented recognized as unauthorized construction objects of the state.
For each object there was a deadline for voluntary demolition (in most cases no later than the end of July), but many owners of these deadlines is not met, and at the moment the Commission has already dismantled a few tens of objects itself.
The owner of the cafe “Hottabych” Mila Salamieh, since 2004, hiring at Yalta the roof of the administrative building in the seaside beach, had voluntarily demolish the building until July 29, 2016. Have Selamawit also has a lease agreement concluded with the Works of improvement in 2012, when the Crimea was part of Ukraine (there RBC). In April 2012 the additional agreement to the contract, the rent period was extended to April 2014. “If no action to terminate the contract had been made by the lessor or the lessee, the contract is considered extended for an indefinite period”, — says the lawyer of “Legal watch” Alexander Moloch. At any moment the landlord can take a decision on termination of the contract, but I have three months to notify the tenant, the lawyer added.
In February 2016 the Yalta Factory of improvement were liquidated and part of its functions transferred MUP “OUK” which was headed by the Muscovite Tamerlan Gazaev, who previously worked as a development Director in the construction company “Eurostroy”. Spring OUK turned off at the cafe, located on the beach, light and water, says Salamaua and confirms Litvinsky.
In March, the MUP held a contest and gave it a seaside beach rentals created at the end of 2015 “Jaguar”. “We have a design project [reconstruction of the beach] — this time. Secondly, everyone demolished — it was an illegal squatter. They have ended the lease, and all were sent notices,” said RBC Tamerlan Gazaev. Salamieh, Troshenko and Litvinsky claim that he had not received notification of termination of the agreement and the impending demolition.
“In such cases, the documents sent by registered letter with confirmation of receipt, by notification, — said the lawyer of the company “Ilyashev and partners” Olga Gornik. — If a party claims not to have received the notice, it is subject to the dispute should be resolved by the court.”
Between Ukraine and Russia
While a definite answer about whether objects from lists to the Commission by the squatter, no, says the lawyer of “Legal watch” Alexander Molokhiv: “land law of Russia and Ukraine there are contradictions. Ukrainian legislation in this respect, it was softer, so now there are many objects, which took place in the Ukrainian settings, but do not pass through Russian. And the law should not have retroactive effect, worsening the situation of citizens.” At the same time to obtain compensation in international courts from the owners of Crimean real estate, no chance — they won’t consider claims from residents of the unrecognized Republic.
Large-scale demolition will start in September. “Just don’t want to do it in the midst of the holiday season. The waterfront, of course, you need to put in order”, — said Sergey Aksenov.
“We were ordered to make an inventory of all land of farms in the hundred-meter coastal zone and to make the registers illegally occupied areas, — says the source of RBC, working in the Commission. — In principle, the municipal formation shall have the right to approve all this on their own, but they appeal to the Commission if there are any contradictions or disagreements. 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 unitary enterprise “Krymprodmash” we will soon set up a special legal Department, he adds. After it is finished with a hundred-meter coastal zone around Crimea will be held inventory of the 500-meter zone.
The budget of the Republic of Crimea of the demolition of the squatter, who are predominantly small businesses, not much to lose, the Director of the regional program of Independent Institute for social policy Natalya Zubarevich. In the budget income from small businesses is reflected in the line “Tax on cumulative income”, and it gets municipal budgets. According to the report on the budget of the Crimea, in 2015, this article was a little more than 900 million rubles, which in total budget revenues of about 90 billion rubles is 1%.
However, the social consequences can be serious budget for many residents of Crimea are involved in a small business, cleaning will be painful. “Cafe is the only source of family income, complains Litvinsky. We worked here for 20 years, and it is unclear how we will live, if it be demolished.
“The whole of Crimea, the entire coastal area is a small family business, cafes, small shops, and in many cases people do indeed have permits. Of course, when they were demolished, it would create considerable social tension,” — said the Chairman of the Sevastopol regional branch of “OPORA Russia” Valery Vasyunin.