Moscow Business Ombudsman helped to avoid the appearance of new deceived shareholders.
Despite the court decision that came into force, a Moscow regional developer from Khimki city district, could not get a logging ticket from the municipal administration for six months.
The issue was resolved in a matter of days only after an appeal to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, Vladimir Golovnev.
The construction organization started preparing the necessary documents in 2017. During this time, a town-planning plan of the land plot was drawn up, a certificate of approval of the architectural and town-planning appearance of an apartment building was approved, a construction permit was issued, a dedroplan and a checklist for trees and shrubs being cut down and transplanted were prepared. By 2021, it was a small matter – to get a chopping ticket. But the administration of the municipality ignored the legal requirements of the developer.
The entrepreneur went to court and won the case.
"By the decision of the Arbitration Court of the Moscow Region dated by 11.26.2021, which entered into force, the administration of the Khimki city district was obliged to issue a logging ticket. However, the administration ignores the court's decision, ignores the bailiffs and the enforcement order, and maliciously evades issuing a logging ticket. As a result, the company incurs losses, the construction of an apartment building is slowed down, the interests of shareholders suffer," a representative of the developer wrote in his appeal to the Moscow Business Ombudsman.
In this connection, the Commissioner sent a request to the Main Department of the Federal Bailiff Service for the Moscow Region about the need to verify the legality and validity of actions (inaction) of the Specialized Interdistrict Department for the execution of certain executive actions and search tasks of the Main Department of the Federal Bailiff Service of Russia for the Moscow Region for enforcement proceedings.
After a few days, the entrepreneur informed the Business Ombudsman that the document requested had been received. In this regard, enforcement proceedings have been completed, and the appeal has been removed from control.
"The governor of the Moscow Region Andrey Vorobyov pays special attention to the issue of shared-equity construction. This is especially true of deceived shareholders. And it is not in the interests of the municipal authorities to create new situations that violate the rights of citizens. A conscientious business providing certain services to the population, in this case for the construction of an apartment building, should not suffer because of procrastination on the ground. Since the well-being of several hundred Moscow regional families depends on the timely fulfillment of the obligations assumed. And people are our priority. Fortunately, such issues in our practice are isolated and are not systemic in nature. Nevertheless, the topic of administrative barriers remains one of the leading ones from year to year. I never tire of repeating: business should do business, not bureaucracy.
Therefore, I am glad that in the Moscow Region today most of the procedures, especially in the construction industry, have been digitized, transparent and accessible to any business," commented Vladimir Golovnev, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region.