The Commissioner for the Protection of the Entrepreneur's Rights along with representatives of the Moscow Region Chamber, in the course of work with the entrepreneur's appeal, prepared a legal position, for the Moscow Regional Court recognized the applicant's arguments as legitimate and invited the parties to resolve the situation peacefully.  

As a result, the businessman did not have to pay more than 1 million rubles for the previously issued permission for the non-residential facility placement.

    The Moscow Region Business Ombudsman Vladimir Golovnev received an appeal from the CEO of LLC operating in Orekhovo-Zuyevo district, on the issue of commissioning of a non-residential property.

    At the beginning of October 2020,  with the support of the Business Ombudsman and the Regional Chamber, the entrepreneur filed an administrative lawsuit with the Moscow Regional Court.  In particular, the lawsuit contained arguments for recognizing inactive a number of clauses of the "Procedure and conditions for the placement in the territory of the Moscow Region of objects that can be located on lands or land plots in state or municipal ownership, without providing land plots and establishing servitude ", approved by the Government Resolution of the Moscow Region from 08.04.2015 No. 229/13 (as amended on 19.02.2020).

     In  accordance with this regulatory act, the LLC was issued earlier by the local administration to place the object “elements of landscaping and small architectural forms (pavilions, rotundas, verandas, awnings, sculptures, stopping pavilions, lanterns, waste bins,  devices for landscaping, benches and bridges) with the organization of parking lot.

    This permit was obtained by the Company free of charge, which at that time fully corresponded to the procedure acting at the time of obtaining the permit.  However, later after several years, a number of changes were made to the text of this regulatory legal act, including getting of such a permit on a paid basis.  Guided by this provision of the law, the local administration hastened to send the Limited Liability Company a notice of the need to make payment in the amount of 1,153,209 rubles for a permit obtained in accordance with the previously valid rules for obtaining this document free of charge.

    In this regard, the entrepreneur decided to declare a violation of his rights, legal interests and commercial expectations, formed taking into account the conditions of current obtaining permits.

    “In this case, the lawyers reasonably presented arguments about the existence of a contradiction about the retroactive effect of a normative legal act, when its effect extends to cases that took place before its entry into force.  These and other arguments were presented by the lawyers' group during the court proceedings. The court carefully examined the presented arguments and invited the parties to resolve the situation peacefully.  What actually ended the consideration of this case.  The notice of payment for the previously issued permission to locate a non-residential facility was canceled.  Thus, significant expenses were prevented, which could have a rather serious impact on doing business”, said Vladimir Golovnev, the Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region.