The Moscow Region Business Ombudsman and the regional Ministry of Agriculture and Food have solved the systemic problem of entrepreneurs.
A large investment project for the cultivation and production of fruit and vegetable products is being implemented on the territory of Pavlovsky Posad city district
But until recently, the fate of the company was in question. But the assistance of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region and the regional Ministry of Agriculture and Food made it possible to solve a systemic problem affecting not only the interests of the applicant, but also many agricultural producers in the Moscow Region.
In May, the Business Ombudsman was approached by the director of the enterprise with a request to assist in the exclusion of a land plot from the List of particularly valuable productive agricultural land, the use of which for other purposes is not allowed.
According to the documents available to the entrepreneur, the type of permitted use of this land is "under buildings / production centers". The applicant intends to use the site for its intended purpose: for the construction of an industrial complex. Currently, there are no structures on the territory, in fact, the land is used as access roads.
Under these circumstances, there were grounds to question the justification for classifying a land plot as a particularly valuable productive agricultural land. However, information about the land plot was included in the List, and therefore it was not possible to obtain a permit for the construction of an industrial complex.
Solving the issue on their own was not successful. Then the entrepreneur turned to the Commissioner to protect his rights.
A letter was sent to the Minister of Agriculture and Food of the Moscow Region with a request to consider the exclusion of a land plot from the List.
As explained in the relevant department, in February of this year, the Ministry launched a service that allows you to receive online information about the assignment of a land plot to especially valuable agricultural land. Now it has become possible to automatically track changes by cadastral number.
Also, the Ministry of Agriculture and Food along with Mosoblgeotrest carried out measures to finalize the Electronic List aimed at excluding the fact that land plots are classified as particularly valuable, the type of permitted use of which does not provide for the placement of agricultural land.
As a result of a comprehensive consideration of the issue, a legitimate and justified decision was made in relation to the applicant to exclude information on the assignment of a land plot to particularly valuable agricultural land from the List.