The Moscow Business Ombudsman initiated checks on the legality of refusals to entrepreneurs to with registering land.
The Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev initiated letters to the Prosecutor's office of the Moscow Region with a request to conduct checks on the legality of actions of local self-government bodies when making decisions on refusals to grant land plots to property.
The reason for the above letters were the following circumstances. In the second half of 2022, the Commissioner systematically received appeals from entrepreneurs (business entities) for unjustified and unlawful refusals of local self-government bodies to provide previously leased land plots on which real estate objects belonging to applicants are located. The justification is "the purpose of providing a land plot has not been achieved" without bidding.
At the same time, on the requested land plots there were real estate objects completed by construction, put into operation as well on cadastral registration, the purpose of which corresponded to the types of permitted use of land plots.
Thus, decisions on refusals to grant land plots to ownership without bidding were made by local self-government bodies not only contrary to the norms of Article 39.20 of the Land Code of the Russian Federation, but also with obvious disregard for factual circumstances.
Based on the results of inspections conducted by the Prosecutor's Office of the Moscow Region, an indication has been made to local governments, one of which was executed.
The elimination of violations of the rights of entrepreneurs is under the control of the Commissioner.