Vladimir Golovnev: "The illegal order to demolish the trade pavilion has been canceled. The entrepreneur continues his activity"
Two weeks to dismantle an unauthorized facility.
Such a notification was received by the entrepreneur from the Property Management Committee of the Khimki city district administration. The city authorities were not confused by the fact that the capital structure, as well as the land under it, belong to the entrepreneur. All rights to the site and the shopping pavilion were registered by the businessman in the prescribed manner back in 2005-2009 years.
For the protection of his rights and legitimate interests, the entrepreneur turned to the Commissioner Vladimir Golovnev. "Based on the arguments set out in the appeal and the documents provided, there were grounds to believe that the Committee was acting in excess of its powers.
The right to demand from the applicant the dismantling of a real estate object or to carry out forced dismantling could arise only after the court recognized this object as an unauthorized construction and the termination of registration of rights to it," commented Vladimir Golovnev, the Moscow Region Business Ombudsman. A request for information confirming the illegal placement of the trade pavilion was sent to the head of the city district. However, the information provided indicated the absence of any judicial acts recognizing the building as an unauthorized construction and giving the Committee the right to demand its dismantling.
This issue was also raised during a joint reception of entrepreneurs with the Prosecutor of the Moscow Region Sergey Zabaturin.
"Based on the results of consideration of the appeal to the Committee, the Prosecutor's office made a submission. It is fulfilled. The order issued by the city administration has been canceled. The entrepreneur continues his activity", Golovnev said.