Are there any signs of encroachment on objects of environmental law in the actions of these citizens? "A patent for the village." Owners of personal subsidiary farms will be obliged to pay tax on the sale of surplus products Winemakers - transport workers
In the Kostroma region, in a deep forest, not far from the small town of Chukhloma, there was an old gloomy abandoned house. From a distance, it resembled a horror movie set. After each winter, it seemed that the house was about to fall apart. But, fortunately, a businessman appeared who bought this site. He not only did not demolish the half-rotten building, but did something amazing.
Abandoned house in Chukhloma, Kostroma region.
Martyan Sazonov with his young wife, relatives and neighbors in front of his own house.
This old house was built by a wealthy peasant Martyan Sazonovich Sazonov at the end of the 19th century. The house became a wedding gift for his second wife Ekaterina Alekseevna Sazonova (nee Dobrovolskaya), who was 30 years younger than her husband. Partially during the construction of the house they used the project of the famous architect Ivan Pavlovich Ropet, published in the magazine "Motives of Russian Art". Ropeta was called the author of the “pseudo-Russian style”. His houses resembled towers.
Illustration with the project of the house from the magazine "Motives of Russian Art".
After the revolution, Sazonov and his family left the luxurious house, taking out all the furniture. In 1943, the Soviet government placed a post office, a medical assistant's station and a library inside the building. In the 1950s, the windows were broken on the terrace, and in the 1960s the roof of the building leaked. At first they even wanted to block it with iron, but the attic turned out to be too rotten. A decade later, the village died out, and the house turned out to be of no use to anyone.
For 100 years without supervision, almost half of the house has rotted away.
In 2009, a group of enthusiasts set about rebuilding the house with their own efforts, but then they realized that they simply did not have enough funds. Then one of the participants Andrey Pavlichenkov bought the tower from the village council and invested his own money in its restoration.
This is how the house looked at the beginning of the twentieth century.
Sazonov's house, renovated in 2016.
The house was in such a deplorable state that 40 percent of the decayed logs had to be dismantled and replaced. In parallel, water, electricity, and a road were connected to this place. The unveiling of the restored monument of Russian architecture took place in 2016. The owner of the house hopes that this terem house in Chukhloma will soon become a popular tourist attraction.
"Industrial and Economic College"
(SPb GBOU SPO "PEC")
Test
by discipline: Land law
Performed by the student gr. 42604
specialty 21.02.05
Land and property relations
________________
Checked
St. Petersburg
Problem number 1.
Individual entrepreneur N., living in one of the settlements urban type, applied to the appropriate government bodies at the place of residence on the change in the status of their land plot, which is in private ownership, belonging to the category of lands of agricultural importance,) intended use- running a personal subsidiary farm. On this land, he has planned the construction of a cafe and recreation area for clients. The administration refused him.
Is the administration's refusal legitimate? Evaluate the prospects for appealing organ refusals state power v courts by all parties to the dispute. In what case is it possible to transfer such sites to a different category and what documents will be required for this?
Answer: It is legitimate if the Administration has grounds for refusal in accordance with Article 4 of the Federal Law of 01.01.2001 No. 000 ФЗ. According to article 30 of the Town Planning Code, the types of permitted use of the memory are determined in the town planning regulations that are part of the PZZ. Transferring the memory to another category is not required, it is enough to change the permitted type of use to create a recreation area.
The procedure for considering applications for the transfer of land from one category to another is determined by Article 3 of the Federal Law of 12/21/2004. Article 2 of the Federal Law-Federal Law contains a list of documents required when submitting an application.
If the owner of IP N. followed all the necessary actions and he was refused, he has the right to go to court and appeal against the illegal actions of the Administration in accordance with Article 255 of the Code of Civil Procedure of the Russian Federation.
Problem number 2.
The industrial enterprise on the land plot used by him independently, without registration of permits, erected two brick warehouses. Authority architectural construction supervision presented a demand to the enterprise for the demolition of the erected buildings, motivating his demand by the fact that in accordance with the general plan for the development of the city, the enterprise is to be taken out of the city, and the land plot occupied by it must be seized and subsequently provided for housing construction. The enterprise applied to the arbitration court with an application for the recognition of ownership of the erected buildings.
What is the procedure for the construction of the used land plots? Will the situation change if the land plot was purchased by the enterprise in the course of privatization?
Answer: The procedure for the development of the used land plots is determined by the town planning regulations in accordance with Articles 30, 31 of the Town Planning Code of the Russian Federation: Rules for land use and development, the procedure for preparing the project of the PZZ, etc. If the land plot was purchased by the enterprise in the process of privatization, then the organization apply to the court for the recognition of ownership of unauthorized buildings. In addition, the seizure of land plots is determined by Articles 49, 55 of the Land Code of the Russian Federation.
Problem number 3.
The homeowner Kryukov applied to the city administration with an application for re-registration of the 0.2 hectare land plot used by him into ownership. In the administration, he was offered to transfer ownership of a land plot with an area of 0.1 hectares, since the village on the territory of which the land plot is located a year ago became part of the city and urban planning documentation does not provide for use in this place land plots for personal subsidiary farming. In addition, the provision rate for individual housing construction in the city is set at 0.1 hectares.
Is the refusal to re-register the ownership of the entire land plot legal? Solve the case.
Answer: I consider the refusal to be unlawful, since the land plot was provided to the homeowner Kryukov before the introduction of the Land Use and Development Rules and the inclusion of the village in the status of the city. In accordance with Article 422 Civil Code Of the Russian Federation, contractual relations that arose before the entry into force of legal acts are not retroactive. Homeowner Kryukov has the right to go to court.
Problem number 4.
OJSC "Paradise" acquired a land plot with an area of 0.48 hectares from citizen Adamchuk under an exchange agreement for housing construction. On the land plot, pine and spruce trees grew, which employees used to build several gazebos on the land plot. Then the residential building located on the land plot was demolished. The land was divided into six parts and a wooden residential building was erected on each. The land plot was planned to be used as a recreation center and leased out for the spring and summer period. In accordance with the town planning regulations, the permitted use of the land plot is housing construction.
Are the actions of the owner of the land plot legal? Has the purpose of the land plot been changed? Does the permitted use of the land change?
Answer: The rights of owners of land plots are determined by Article 40 of the Land Code of the Russian Federation. The definition of the composition of the lands of the Russian Federation is spelled out in article 7 of the Labor Code of the Russian Federation, article 8 of the Labor Code of the Russian Federation indicates the assignment of lands to categories, their transfer from one category to another. Consequently, the actions of the owner are lawful, the change in the purpose of in this case not required. Any type of permitted use from the types provided for by the zoning of territories is selected independently, without additional decisions and approvals and approval procedures.
Problem number 5.
Citizen Ermishkin, in connection with the reorganization, received a land plot in ownership for conducting peasant economy... He wanted to donate part of the land to his brother for running a personal subsidiary farm, and sell part to a commercial company to organize a tourist center.
Is the owner entitled to perform these actions?
Answer: The owner has the right to perform these actions after carrying out necessary procedures... First, it is necessary to divide the land plot, determine the boundaries, put 2 independent land plots on the cadastral register, obtain certificates of state registration, after that you can sell, donate, etc.
After alienation, the new owners must use the land plots in accordance with Articles 77, 78, 79 of Chapter XIV of Agricultural Land, Articles 7, 8 of the Labor Code of the Russian Federation, etc.
Problem number 6.
A group of German citizens appealed to the Neumann Mayor's Office of the Kaliningrad Region with a request to provide them with land plots for the construction of residential houses and summer cottages on the land administered by the city. By the decision of the administration, the request was satisfied: the land plots were provided on a lease basis. This decision did not suit the applicants, who expressed a desire to become the owners of land plots, and they appealed against it in judicial procedure... The city prosecutor also challenged the administration's decision, believing that under the guise of a lease, the land was actually returned to its former foreign owners.
Are the claims of the citizens of Germany and the protest of the public prosecutor subject to satisfaction?
Answer: The claims of German citizens and the protest of the prosecutor are not subject to satisfaction, since the Administration was guided by Article 15 of the Labor Code of the Russian Federation, which states that foreign citizens cannot own land plots located in the border territories of the Russian Federation in accordance with federal laws. In the decree of the President of the Russian Federation of 01.01.2001 No. 26, a list of border territories is presented, which includes the Kaliningrad region, the Neman municipal district, therefore, in accordance with Article 22 of the Labor Code of the Russian Federation, the provision of land plots foreign citizens possibly on a leasehold basis.
Problem number 7.
JSC "KASKAD" applied for the purchase of a land plot with an area of 9000 sq. m. under the building purchased on the basis of a sales contract. In the design of the plan for a land plot with an area of 9000 sq. m. by the body of architecture and urban planning and the committee on land resources and land management, it was refused and it was proposed to form a land plot in accordance with the norms for the provision of land plots. In accordance with building codes and regulations, the rate of provision of land plots for the construction of this type of buildings is 6,500 sq. m. OJSC "KASKAD" did not agree with the reduction of the area of the land plot.
Are the actions of the architecture and urban planning body and the committee for land resources and land management legal? What are the rights to defend their interests?
Answer: I consider the refusal to be unlawful, since the land plot was provided before the introduction of the Rules for Land Use and Development and before the introduction of the town planning regulations. In accordance with Article 422 of the Civil Code of the Russian Federation, contractual relations that arose before the entry into force of legal acts are not retroactive. has the right to go to court.
Problem number 8.
An agricultural cooperative leased to an industrial enterprise 50 hectares of arable land from the land belonging to it for a subsidiary farm for a period of 10 years. 80 hectares of agricultural land were contributed as a contribution to the authorized capital of a joint venture, which was created for the construction and subsequent operation of the tourist complex.
Answer: Yes, that's right. Based on paragraph 5 of Art. 22 of the Labor Code of the Russian Federation, the lessee of a land plot has the right to contribute its rights and obligations under the lease agreement as a contribution to the authorized capital of a business partnership or company within the term of the land plot lease agreement without the consent of the owner of the land plot, subject to his notification, unless otherwise provided by the land plot lease agreement ... In these cases, the new lessee of the land becomes responsible for the lease of the land plot to the lessor. According to paragraph 6 of Art. 22 of the Labor Code of the Russian Federation, a lessee of a land plot, with the exception of residents of special economic zones - tenants of land plots, has the right to transfer the leased land plot to sublease within the term of the lease of the land plot without the consent of the owner of the land plot, subject to his notification, if the lease agreement for the land plot is not provided for other. Sub-tenants are subject to all the rights of land tenants provided for by the RF LC.
Thus, subject to the restrictions established by the legislation of the Russian Federation, the rights to lease and sublease land plots can be used to pay for shares distributed among the founders of a joint-stock company at its establishment, as well as to pay for shares in the authorized capital of a limited liability company. Peculiarity rental rights as a contribution to the authorized capital of business entities lies in the fact that the rights are made in the form of a contribution for a certain period, which is limited by the term of the lease agreement. When the founder enters the charter capital of the right to lease a land plot, both the rights and obligations under a lease agreement for a certain period are transferred to the organization.
November 24, 2017, 10:48, question No. 1484898 Alexander, Volgograd
600
price
the question
issue resolved
Collapse
Lawyers Answers (8)
At the same time, the rules for the creation, maintenance and protection of green spaces are also regulated by the relevant regulatory municipal legal acts.
Using the example of Volgograd, these are:
VOLGOGRAD CITY DUMA
On approval of the Rules for the creation, maintenance and protection of green spaces on the territory of Volgograd
1.3. These Rules are valid throughout the territory of Volgograd and are binding on legal entities regardless of their organizational and legal forms, individual entrepreneurs and citizens.
1.4. Basic concepts used in these Rules:
tree - a perennial plant with a clearly defined trunk, bearing side branches and an apical shoot;
green spaces - a collection of woody, shrub and herbaceous plants in a certain area;
green fund of the city - a set of green spaces of various types within the boundaries of Volgograd;
damage to green spaces- causing harm to the terrestrial part of plants, as well as to their root system, which does not entail the cessation of growth. Damage is mechanical damage to the branches, trunk, crown, root system of trees, violation of the integrity of the living above-ground cover, pollution of green spaces or soil in the root zone harmful substances, arson and other harm to green spaces;
4.1. Individuals and legal entities are obliged to ensure the safety of green spaces in accordance with these Rules and other regulatory legal acts, not to allow illegal actions or inaction that could damage or destroy green spaces.
4.4. The persons specified in clause 4.3 of this section are obliged to:
ensure the safety of green spaces;
to demolish and (or) transplant green spaces in the manner prescribed by these Rules;
4.5. On the territory of Volgograd it is prohibited:
damage or destroy green spaces, lawns, flower beds;
8. Demolition and (or) replanting of green spaces
8.2. Demolition and (or) replanting of green spaces is carried out exclusively on the basis of a felling ticket and (or) a permit for the transplantation of green spaces, issued by the administration of the Volgograd district at the place of growth of green spaces, subject to demolition and (or) replanting.
Hence
chopped down a tree near an abandoned house in the village on the way to the city,
these actions have signs of an offense if the tree was on the territory common use settlement, i.e. outside the private territory of an abandoned home
the second one allegedly acquired a fir tree from an unknown person at the station when he got off the train,
If the spruce was really purchased by him from another person and his guilt in illegal felling is not proven, then he did not commit an offense by his actions consisting in buying spruce.
the third one grew a fir tree near her private house and carried it to her daughter for a holiday,
These actions do not show signs of offense if the felling of the tree did not take place on municipal territory general use, where it is prohibited without the permission of the municipal authorities local government, and on the territory of her private household.
If the tree grew outside the territory of her private household, in this case, these actions have signs of an offense, i.e. the territory in such a situation is already municipal public use, where without a permit in certain cases issued municipal authority local government, logging is prohibited.
and the fourth cut a spruce in the city arboretum, where he also planted it eight years ago
These actions are in any case an offense, because in the common areas of municipalities, it is forbidden to damage or destroy green spaces.
Meanwhile, due to the remoteness of the years, he cannot be held liable.
Administrative Code of the Russian Federation Article 4.5. The limitation period for bringing to administrative responsibility
1. A decision in a case on an administrative offense cannot be issued after two months (in a case on an administrative offense considered by a judge - after three months) from the date of the administrative offense, for violation of the legislation of the Russian Federation in the field of environmental protection and nature management
From which it follows that if there is evidence of their guilt, responsibility can be borne by the one who cut down a tree near an abandoned house in the village on the way to the city, who grew a spruce near a private house and carried it to his daughter for a holiday - if the tree grew for outside her private territory and cut down a spruce in the city arboretum.
Article 2.2 of the Administrative Code of the Russian Federation:
1. An administrative offense shall be deemed to have been committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and wished for such consequences to occur, or deliberately allowed them or treated them indifferently.
2. An administrative offense shall be recognized as committed by negligence if the person who committed it foresaw the possibility of the occurrence of harmful consequences of his action (inaction), but without sufficient grounds for that, presumptuously counted on the prevention of such consequences, or did not foresee the possibility of such consequences occurring, although it should have been. could have foreseen them.
Clarifications The Supreme Court
Resolution of the Plenum of the Supreme Court of the Russian Federation of October 18, 2012 N 21 Moscow "On the application by courts of legislation on liability for violations in the field of environmental protection and nature management"
15. The subject of crimes provided for in Articles 260 and 261 of the Criminal Code of the Russian Federation, are forest plantations, that is, trees, shrubs and vines growing in forests, as well as trees, shrubs and vines growing outside forests (for example, plantations in parks, alleys, trees planted separately within the city, plantations in the right-of-way of railway lines and highways or channels). In this case, it does not matter whether forest plantations are planted or trees, shrubs, vines not classified as forest plantations are artificially planted or they have grown without purposeful human efforts.
Doesn't belong to the subject these crimes, in particular, trees, shrubs and vines growing on agricultural land (with the exception of forest plantations intended to ensure the protection of land from the effects of negative (harmful) natural, anthropogenic and man-made phenomena), on household plots, on land plots provided for individual housing, garage construction, personal subsidiary and dacha farming, gardening, animal husbandry and truck farming, in tree nurseries, nurseries of fruit, berry, ornamental and other crops, as well as windblow, windbreak, dead trees, unless otherwise provided by special regulatory legal acts ... The felling of these plantations, as well as their destruction or damage, if there are grounds for that, provided by law, can be qualified as theft or destruction or damage to property.
The purchase of spruce is not punishable. environmental offense or a crime.
Cutting down spruce near private houses, presumably on land for individual housing construction or private household plots, is illegal, administrative responsibility provided for by the norms of the region for violation of the Improvement Rules.
VOLGOGRAD REGION
CODE
Article 8.7. Violation of the rules for the improvement of the territories of settlements
Violation of the rules for the improvement of the territories of settlements approved by local governments - entails a warning or imposition on citizens administrative fine in the amount of five hundred to four thousand rubles; on officials- imposition of an administrative fine in the amount of ten thousand to fifteen thousand rubles; on legal entities - the imposition of an administrative fine from twenty thousand to thirty thousand rubles.
Example of a court decision in confirmation
If the felling was on common land, then also a fine according to regional law
VOLGOGRAD REGION
VOLGOGRAD REGION CODE ON ADMINISTRATIVE RESPONSIBILITY
Article 6.1. Damage and (or) destruction of green spaces in public areas in settlements
1. Damage and (or) destruction of green spaces in public areas in settlements - shall entail the imposition of an administrative fine on citizens in the amount of two thousand five hundred to five thousand rubles; for officials - from fifteen thousand to twenty thousand rubles; for legal entities - from thirty thousand to one hundred thousand rubles.
Sincerely! G.A. Kuraev
lawyer, Novosibirsk
Chat0 0
Article 34. Payment for shares and other equity securities of a company upon their placement
1. Shares of a company, distributed at its foundation, must be fully paid up within a year from the date of state registration of the company, unless a shorter period is provided for by the agreement on the foundation of the company.
Payment for shares distributed among the founders of the company during its establishment may be carried out in cash, securities, other things or property rights or other rights that have a monetary value.
At the same time, federal legislation establishes restrictions on the types of property accepted as payment for the company's shares:
Federal Law of 25.10.2001 N 137-FZ "On the introduction into force Land Code RF "
· 6. It is not allowed to include the right of permanent (unlimited) use of land plots in the authorized (pooled) capital commercial organizations... Commercial and non-profit organizations can re-register their right of permanent (indefinite) use of land plots to another right, including the right to lease land plots, in accordance with the procedure established by federal laws.
Citizen Nebeikopyto acquired a land plot for running a peasant farms(KFH). In order not to waste time on the road from home to work and home from work, Nebeikopyto decided to build a residential scrap on the land plot, a garage for three cars, a Russian bath, a Finnish sauna, a small fitness club with a swimming pool for personal use. plot, he assumed, as I did before, to grow vegetables for sale.
Is it foreseen current legislation RF to use the land plot provided for peasant farms for the purposes indicated in the task?
How can a land plot provided for running a peasant farm be used?
What advice do you have for Citizen Nebekopyto?
Article 263. Development of a land plot
1. The owner of a land plot may erect buildings and structures on it, carry out their rebuilding or demolition, permit construction on their site to others. These rights are exercised subject to urban planning and building codes and rules, as well as requirements for the purpose of the land plot (paragraph 2 of Article 260).
(see text in previous edition)
Section 260. General Provisions land ownership
1. Persons who own a land plot have the right to sell, donate, pledge or lease and dispose of it in a different way (Article 209) insofar as the relevant land is not excluded from circulation or is not limited in circulation on the basis of the law.
On the basis of the law (Federal Law "On the turnover of agricultural land" dated 25.10.2001 No. 136-FZ) and in the manner established by it, agricultural and other designated land is determined, the use of which for other purposes is not allowed or is limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.
Article 11. Land plots provided and acquired for the creation of a farm and the implementation of its activities
1. To create a farm and carry out its activities, they can provided and purchased land plots from agricultural land.
2. For the construction of buildings, structures and structures necessary for the implementation of the activities of a farm, land plots from agricultural lands and lands of other categories may be provided and purchased.
3. Land plots provided and acquired for the creation of a farm and the implementation of its activities are formed in accordance with land legislation RF.
Article 36. Urban planning regulations
6. Urban planning regulations are not established for forest lands, lands covered surface waters, reserve lands, specially protected lands natural areas(with the exception of lands of medical and recreational areas and resorts), agricultural land as part of agricultural land, land plots located within the boundaries of special economic zones.
Article 1. Scope of this Federal law
The effect of this Federal Law does not apply to land plots provided from agricultural land to citizens for individual housing, garage construction, personal subsidiary and dacha farming, gardening, animal husbandry and truck farming, as well as to land plots occupied by buildings, structures, structures. The turnover of these land plots is regulated by the Land Code of the Russian Federation.
Article 27. Restrictions on the turnover of land plots
1. The turnover of land plots is carried out in accordance with civil law and this Code.
2. Land plots classified as land withdrawn from circulation cannot be provided in private property, as well as be the objects of transactions provided for by civil law.
Land plots classified as land with limited circulation are not provided for private ownership, with the exception of cases established by federal laws.
4. Land plots occupied by the following objects in federal ownership have been withdrawn from circulation:
1) state natural reserves and national parks (except for the cases provided for in Article 95 of this Code);
2) buildings, structures and structures in which the Armed Forces of the Russian Federation, other troops, military formations and bodies are located for permanent activity;
(see text in previous edition)
3) buildings, structures and structures in which military courts are located;
4) objects of organizations of the federal security service;
5) objects of organizations of federal bodies state protection;
6) objects of use atomic energy, points of storage of nuclear materials and radioactive substances;
7) objects, in accordance with the types of activity of which closed administrative-territorial formations have been created;
8) objects of institutions and bodies Federal Service execution of sentences;
(see text in previous edition)
9) military and civil burials;
10) engineering and technical structures, communication lines and communications, erected in the interests of protection and security State border RF.
5. Restricted in circulation that are in the state or municipal property the following land plots:
1) within specially protected natural areas, not specified in paragraph 4 of this article;
2) from the composition of the forest fund lands;
(see text in previous edition)
3) within which are located water bodies that are in state or municipal ownership;
(see text in previous edition)
4) occupied with especially valuable objects cultural heritage peoples of the Russian Federation, objects included in the World Heritage List, historical and cultural reserves, objects of archaeological heritage;
5) provided for ensuring defense and security, defense industry, customs needs and not specified in paragraph 4 of this article;
6) not specified in paragraph 4 of this article within the boundaries of closed administrative-territorial entities;
7) provided for the needs of transport organizations, including sea and river ports, railway stations, airfields and airports, facilities for navigation support of air traffic and shipping, terminals and terminal complexes in the formation zones of international transport corridors;
8) provided for communication needs;
9) occupied by objects of space infrastructure;
10) located under the objects of hydraulic structures;
11) provided for production poisonous substances, drugs;
12) contaminated with hazardous waste, radioactive substances biogenic pollution, other land degradation;
13) located within the boundaries of lands reserved for state or municipal needs;
14) in the first and second zones of the sanitary protection zones of water bodies used for the purposes of drinking and domestic water supply.
6. The turnover of agricultural land is regulated by the Federal Law "On the turnover of agricultural land". The formation of land plots from agricultural land is regulated by this Code and the Federal Law "On the turnover of agricultural land".
(see text in previous edition)
7. Clause 6 of this article does not apply to land plots provided from agricultural land to citizens for individual housing, garage construction, personal subsidiary and suburban farming, gardening, animal husbandry and truck farming, as well as to land plots occupied by buildings, structures, structures ...
Federal Law "On the transfer of land or land plots from one category to another" dated December 21, 2004 No. 172-FZ
Article 7. Features of the transfer of agricultural land or land plots within such land from agricultural land to another category
1. Transfer of agricultural land or land plots within such land from agricultural land to another category is allowed in exceptional cases related to:
1) with conservation of land;
2) with the creation of specially protected natural areas or with the assignment of lands to lands of environmental, historical, cultural, recreational and other especially valuable purposes;
(see text in previous edition)
3) with the establishment or change of the line of settlements;
4) with placement industrial facilities on land, the cadastral value of which does not exceed the average level cadastral value on municipal district(urban district), as well as on other lands and with other non-agricultural needs in the absence of other options for the location of these objects, with the exception of placement on the lands specified in part 2 of this article;
5) with the inclusion of lands unsuitable for agricultural production in the forest fund lands, water fund lands or reserve lands;
6) with the construction of roads, power lines, communication lines (including linear cable structures), oil pipelines, gas pipelines and other pipelines, railway lines and other similar structures (hereinafter referred to as linear facilities) in the presence of a project for the reclamation of a part of agricultural land provided for the period of construction of linear facilities;
(see text in previous edition)
7) with execution international obligations RF, ensuring the country's defense and state security in the absence of other options for the location of the relevant facilities;
(see text in previous edition)
8) with the extraction of minerals in the presence of an approved land reclamation project;
9) with the placement of social, utility and household facilities, healthcare facilities, education in the absence of other options for the location of these facilities.
2. Transfer of agricultural land or land plots as part of such land from agricultural land, the cadastral value of which is fifty percent or more higher than the average level of the cadastral value for the municipal district (urban district), and especially valuable productive agricultural land specified in paragraph 4 Article 79 of the Land Code of the Russian Federation, in another category is not allowed, except for the cases established by paragraphs 3, 6, 7 and 8 of part 1 of this article.
In 1987, the citizen P. bought the decommissioned house for firewood, as evidenced by the receipt issued to her. She renovated the house and used the land adjacent to the house for many years. She tried to conduct a technical registration of the house in the BTI, but she was refused due to the lack of rights to the land plot.
Does citizen P. have any rights to the plot adjacent to the house?
What advice can I give her?
Federal Law of October 25, 2001 No. 137-FZ "On the Enactment of the Land Code of the Russian Federation"
Citizens to whom the rights of ownership of buildings, structures and (or) structures located on the land plots specified in this paragraph and are in state or municipal ownership have been transferred by inheritance or on other grounds, have the right to register ownership rights to such land plots, except in cases where, in accordance with federal law, such land plots cannot be provided for private ownership.
State registration of property rights to the land plots specified in this paragraph is carried out in accordance with article 25.2 of the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it. "Decision-making on the provision of such land plots in the ownership of citizens is not required.
In the event that the land plot specified in this clause was granted on the basis of the right of life-long inheritable possession or permanent (indefinite) use, from the moment of state registration of a citizen's ownership of such a land plot, the right to life-long inheritable possession or permanent (unlimited) use is terminated.
Article 271. The right to use a land plot by the owner of real estate
1. The owner of a building, structure or other real estate located on a land plot belonging to another person has the right to use the land plot provided by such a person for this property.
(see text in previous edition)
Thus, unless otherwise follows from a law, a decision on the provision of state or municipal land, or a contract, the owner of a building or structure has the right to permanently use a part of the land plot on which this immovable property is located. The Civil Code of the Russian Federation, by default, establishes the right of permanent unlimited use of a land plot from the owner of the property.
A residential building with a personal plot of land was inherited by two persons. One is registered in it and has, by will, 27 shares in the ownership of a residential building. The other is not registered, but according to his will, 73 shares in the ownership of a residential building were left to him.
Can a personal land plot be divided between the co-owners of a residential building?
What principles in the section of the land plot should be taken into account?
Article 1182. Features of the division of the land plot
1. Division of a land plot owned by heirs by right common property, carried out taking into account minimum size the land plot established for the plots of the corresponding designated purpose.
2. If it is impossible to divide the land plot in accordance with the procedure established by paragraph 1 of this article, the land plot is transferred to the heir, who has the pre-emptive right to receive this land plot on account of his hereditary share. Compensation to the rest of the heirs is provided in the manner prescribed by Article 1170 of this Code.
In the case when none of the heirs has preemptive right to receive a land plot or did not use this right, ownership, use and disposal of the land plot are carried out by the heirs on the basis of common shared ownership.
Article 11.4. Land section
1. When a land plot is divided, several land plots are formed, and the land plot, from which land plots are formed during the division, ceases to exist, except for the cases specified in paragraphs 4 and 6 of this article, and cases provided for by other federal laws.
(see text in previous edition)
2. When a land plot is divided, its owner acquires the right of ownership to all land plots formed as a result of the division.
3. When a land plot in common ownership is divided, the participants in the common property retain the right to common ownership of all land plots formed as a result of such a division, unless otherwise provided by an agreement between such participants.
4. The division of the land plot provided to the horticultural, vegetable gardening or summer cottage non-profit association of citizens is carried out in accordance with the project for the organization and development of the territory of this non-profit association or another document establishing the distribution of land plots in this non-profit association. When such a land plot is divided, one or more land plots may be formed, intended for a citizen to conduct gardening, truck farming or dacha construction, or related to common property. In this case, the land plot, the division of which has been carried out, remains within the changed boundaries (changed land plot).
5. The division of a land plot provided for integrated development for housing construction is carried out by a person with whom a land plot lease agreement has been concluded for integrated development for housing construction, in accordance with the land survey project approved in the manner prescribed by the legislation on urban planning.
6. When a state or municipal land plot is divided, one or more land plots may be formed. At the same time, the land plot, the division of which has been carried out, remains within the changed boundaries.
The Bashkir environmental interdistrict prosecutor lodged a protest against the decree of the head of the administration of Ufa on the organization on the catchment area of the river. Zatonskaya solid waste landfill, white within the city of Ufa. The prosecutor's protest was based on the fact that there was no project for the future landfill and a positive conclusion of the state environmental expertise.
Is it possible to place a landfill on the specified land plot?
What documents, besides those indicated by the prosecutor, are required to resolve the issue of the possibility of allotting a land plot for waste disposal?
What rights of citizens were violated by the decree of the head of the administration of Ufa?
Article 44. Requirements in the field of environmental protection during the placement, design, construction, reconstruction of urban and rural settlements
1. During the placement, design, construction, reconstruction of urban and rural settlements, the requirements in the field of environmental protection must be observed, ensuring a favorable state of the environment for human life, as well as for the habitation of plants, animals and other organisms, the sustainable functioning of natural ecological systems.
Buildings, structures, structures and other objects should be located taking into account the requirements in the field of environmental protection, sanitary and hygienic standards and urban planning requirements.
2. When planning and building urban and rural settlements, the requirements in the field of environmental protection must be observed, measures must be taken for sanitary cleaning, neutralization and safe disposal of production and consumption waste, compliance with the standards of permissible emissions and discharges of substances and microorganisms, as well as for the restoration of the natural environment , land reclamation, landscaping and other measures to ensure environmental protection and environmental safety in accordance with the law.
Article 51. Requirements in the field of environmental protection when handling production and consumption waste
1. Waste from production and consumption, including radioactive waste, are subject to collection, use, disposal, transportation, storage and disposal, the conditions and methods of which must be safe for the environment and regulated by the legislation of the Russian Federation.
dumping production and consumption waste, including radioactive waste, into surface and underground water bodies, catchment areas, subsoil and soil;
placement of hazardous waste and radioactive waste in areas adjacent to urban and rural settlements, in forest parks, health resorts, health-improving, recreational zones, along the migration routes of animals, near spawning grounds and in other places where a threat to the environment may be created, natural ecological systems and human health;
burial of hazardous waste and radioactive waste in the catchment areas of groundwater bodies used as sources of water supply, for balneological purposes, to extract valuable mineral resources;
import of hazardous waste into The Russian Federation for the purpose of their burial and neutralization;
(see text in previous edition)
import of radioactive waste into the Russian Federation for the purpose of storage, processing or disposal, except for the cases established by this Federal Law and the Federal Law "On Radioactive Waste Management and on Amendments to Certain legislative acts RF ".
3. Relations in the field of industrial and consumer waste management, as well as hazardous waste and radioactive waste are regulated by the relevant legislation of the Russian Federation.
Article 13. Content of land protection
1. In order to protect land, owners of land plots, land users, landowners and tenants of land plots are obliged to carry out measures for:
1) preservation of soils and their fertility;
2) protection of land from water and wind erosion, mudflows, flooding, waterlogging, secondary salinization, desiccation, compaction, contamination by radioactive and chemicals, littering with production and consumption waste, pollution, including biogenic pollution, and other negative (harmful) impacts, as a result of which land degradation occurs;
Article 35. Types and composition of territorial zones
1. As a result of urban planning zoning, residential, public and business, industrial zones, engineering and transport infrastructures, agricultural use zones, recreational zones, specially protected areas, zones special purpose, zones of deployment of military facilities and other types of territorial zones.
2. Residential areas may include:
1) individual development zones residential buildings;
2) development zones with low-rise residential buildings;
3) development zones with mid-rise residential buildings;
4) development zones for multi-storey residential buildings;
13. Zones of special purpose may include zones occupied by cemeteries, crematoria, cattle burial grounds, disposal facilities for consumption waste and other facilities, the placement of which can only be ensured by the allocation of these zones and is unacceptable in other territorial zones.
A group of entrepreneurs acquired an abandoned industrial complex consisting of two buildings, one construction-in-progress and a land plot from the industrial land, which was issued on a lease basis.
After some time, entrepreneurs began to modernize production in order to organize a plant for the processing of cattle skins.
Residents of the village adjacent to the Combine, believing that the construction of the combine affects their interests, appealed to the local administration with a demand to clarify:
· On what grounds is the construction of the new plant being carried out?
Whether a permit has been obtained about preliminary agreement location of the object?
· Have the norms of the sanitary protection zone been complied with (the location of the plant was planned 300 m from residential buildings)?
The local administration explained to the citizens that;
There is no decision on the preliminary approval of the location of the facility, since reconstruction, modernization of old buildings and the completion of the construction of an unfinished construction facility are underway on the above territory,
· The land plot belongs to industrial land, and was provided for the location of production.
The citizens of the village went on strike and demanded to stop construction.
Are the demands of the residents of the village legal?
What is the procedure for providing a land plot for the construction of an industrial complex?
Was a decision necessary in this case local administration about preliminary agreement on the location of the object?
Federal Law of March 30, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population"
Article 12. Sanitary and Epidemiological Requirements for the Planning and Development of Urban and Rural Settlements
1. The planning and development of urban and rural settlements should provide for the creation of favorable conditions for the life and health of the population through the comprehensive improvement of urban and rural settlements and the implementation of other measures to prevent and eliminate harmful effects per person environmental factors.
2. When developing standards for urban planning, territorial planning schemes, master plans of urban and rural settlements, planning projects for public centers, residential areas, highways of cities, solving issues of placing civilian, industrial and agricultural facilities and establishing their sanitary protection zones, choosing land plots for construction, as well as in the design, construction, reconstruction, technical re-equipment, conservation and liquidation of industrial, transport facilities, buildings and structures for cultural and domestic purposes, residential buildings, engineering infrastructure and landscaping and other facilities (hereinafter referred to as objects) sanitary rules must be observed.
2. If during the construction, reconstruction, overhaul of objects capital construction the implementation of state construction supervision is provided, the state sanitary and epidemiological supervision is carried out within the framework of the state construction supervision by the federal body authorized to exercise state construction supervision executive power, executive authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation on urban planning activities.
Article 54. State construction supervision
1. State construction supervision is carried out when:
1) construction of capital construction projects, the design documentation of which is subject to state examination in accordance with Article 49 of this Code or is a standard design documentation or its modification;
2) reconstruction of capital construction facilities, if the design documentation for the implementation of reconstruction, capital repairs of capital construction facilities is subject to state examination in accordance with Article 49 of this Code.
(see text in previous edition)
2. The subject of state construction supervision is checking:
The provisions of clause 1 of part 2 of article 54 do not apply to the design documentation of capital construction projects approved by the developer (customer) or sent by him to state expertise until the date of entry into force of the Federal Law of 23.11.2009 N 261-FZ, and on relations related to construction, reconstruction, overhaul of capital construction facilities in accordance with the specified design documentation (Part 2 of Article 48 of Federal Law of 23.11.2009 N 261-FZ).
1) the compliance of the performance of work and the building materials used in the process of construction, reconstruction of a capital construction facility, as well as the results of such work with the requirements of technical regulations, project documentation, including the requirements for energy efficiency and the requirements for equipping a capital construction facility with metering devices for used energy resources;
(see text in previous edition)
2) availability of a building permit;
3) fulfillment of the requirements of parts 2 and 3 of Article 52 of this Code.
(see text in previous edition)
3. State construction supervision is carried out by the federal executive body authorized to exercise federal state construction supervision during the construction, reconstruction of all facilities specified in paragraph 5.1 of Article 6 of this Code, unless otherwise provided by the Federal Law on the Enactment of this Code.
(see text in previous edition)
3.1. Federal state construction supervision during the construction, reconstruction of defense facilities may be carried out by other federal authorities executive power authorized to exercise federal state construction supervision by decree of the President of the Russian Federation. State construction supervision during construction, reconstruction of facilities in exclusive economic zone RF, on the continental shelf of RF, in internal sea waters, in the territorial sea of the Russian Federation, on the lands of specially protected natural areas, may be carried out by other federal executive bodies authorized to exercise state construction supervision by a decree of the President of the Russian Federation and (or) a regulatory legal act of the Government of the Russian Federation.
(see text in previous edition)
4. State construction supervision is carried out by the executive authorities of the constituent entities of the Russian Federation, authorized to exercise regional state construction supervision, over the construction, reconstruction of other, except for those specified in part 3 of this article, capital construction objects, if during their construction or reconstruction, state construction supervision is envisaged.
(see text in previous edition)
5. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs when exercising state control(supervision) and municipal control"taking into account the following features of the organization and conduct of inspections:
1) inspections are carried out without the formation of an annual plan for conducting scheduled inspections;
2) inspections are carried out on the basis of the following received by the state construction supervision body:
a) notifications from the developer (customer) or the person carrying out the construction, sent in accordance with parts 5 and 6 of Article 52 of this Code, as well as the elimination of violations, the completion of construction;
b) applications and applications of citizens, including individual entrepreneurs, legal entities, including notifications sent by persons carrying out construction in accordance with part 3 of Article 53 of this Code, information from public authorities (officials of the body state supervision), local authorities, including notifications sent by persons carrying out construction in accordance with part 3 of Article 53 of this Code, from the media about the facts of the accident, violations of technical regulations, other regulatory legal acts and project documentation when performing work during the construction process , reconstruction of a capital construction facility, including violations of mandatory requirements for applicable building materials if such violations pose a threat of harm to life, health of people, environment, state security, property of individuals and legal entities, state or municipal property or caused such harm;
(see text in previous edition)
3) the basis for the inspection, in addition to the grounds specified in clause 1 of this subsection, is:
a) an inspection program developed by the state construction supervision body;
b) the expiration of the term for the execution by a legal entity, individual entrepreneur of an order issued by the state construction supervision body to eliminate the revealed violation of mandatory requirements;
c) the presence of an order (instruction) of the head (deputy head) of the state construction supervision body to conduct an inspection, issued in accordance with the instruction of the President of the Russian Federation or the Government of the Russian Federation or on the basis of the request of the prosecutor to conduct unscheduled inspection within the framework of supervision over the implementation of laws on materials and appeals received by the prosecutor's office;
4) an on-site inspection on the grounds specified in subparagraph "b" of paragraph 2 of this part may be carried out by the state construction supervision body immediately with the notification of the prosecutor's office in the manner prescribed by part 12 of article 10 of the Federal Law of December 26, 2008 N 294-FZ " On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control ";
5) advance notice legal entity, individual entrepreneur it is not required to conduct an on-site inspection on the grounds specified in subparagraph "b" of paragraph 2 of this part;
6) the order (order) of the state construction supervision body on the appointment of an inspection, the inspection report additionally indicates the name and location of the capital construction object, in respect of which, respectively, it is planned to carry out control measures and, in fact, the indicated measures were taken.
(see text in previous edition)
6. Based on the results of the inspection, the state construction supervision body draws up an act, which is the basis for issuing to the person carrying out the construction, instructions to eliminate the violations identified. The order specifies the type of violation, a reference to the normative legal act, technical regulations, project documentation, the requirements of which have been violated, as well as the deadline for eliminating the identified violations is established. Suspension of construction, reconstruction of a capital construction facility for a specified period is carried out in the manner prescribed by the legislation of the Russian Federation.
(see text in previous edition)
7. It is not allowed to carry out other types of state supervision during the construction, reconstruction of capital construction facilities, except for the state construction supervision provided for by this Code, as well as the federal state environmental oversight in relation to objects, construction, reconstruction of which is carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, on lands of specially protected natural areas, on artificial land plots on water bodies.
Resolution of the Chief State Sanitary Doctor of the Russian Federation of September 25, 2007 N 74 (as amended on 09.09.2010) "On the introduction of new edition sanitary and epidemiological rules and regulations SanPiN 2.2.1 / 2.1.1.1200-03 "Sanitary protection zones and sanitary classification of enterprises, structures and other facilities" (Registered in the Ministry of Justice of the Russian Federation 25.01.2008 N 10995)
DESIGN, CONSTRUCTION, RECONSTRUCTION AND OPERATION OF ENTERPRISES, PLANNING AND DEVELOPMENT OF POPULATION
The city has a large number of empty old industrial facilities, frozen construction sites, abandoned reinforced concrete skeletons - all of them are in our selection. Of course, the real number of such structures in St. Petersburg is several times greater. Involving them in the economy will require almost more money than they are worth. And until the buildings find their investors, the townspeople can only watch their slow destruction.
All abandoned buildings bring headaches not only to the owners, but also to the residents of neighboring houses and the police. Many of the facilities are not guarded in any way, access to them is free, so some addresses could have been repeatedly found in incident reports. There are also those who use empty buildings in their own way - communities of industrial tourism lovers, for example, inspired by the works of the Strugatskys, periodically visit abandoned factories and post reports on their findings on specialized sites.
Somewhere because of the optimization of production, large buildings of enterprises turned out to be unnecessary. Somewhere construction stopped due to financial difficulties. However, from the point of view of business, any unused structure, for whatever reason it was abandoned, is nothing more than hundreds of millions of rubles buried in the ground.
Neither mind nor heart
The compiled "DP" is far from the most full list there are 15 public facilities. These are abandoned or unfinished buildings of educational and scientific institutions, sports and recreation complexes, cinemas. Some of them functioned back in soviet period, but now they turned out to be of no use to anyone.
So, for example, the building of the cinema "Festival" built in 1986 on Prosveshcheniya prospect, 47, lit. B, ceased to be used for its intended purpose back in the 1990s, in the 2000s the object began to be empty and overgrown with trees, and graffiti began to appear on its walls. Over the past 10 years, the authorities have changed their plans for reanimating the facility several times: they were going to organize a site for rehearsals for orchestras, open a youth house, and give the building for needs. social project"Window to the world" to help children with disabilities... “Today the city is considering the possibility of giving the building to the FORPOST Youth House and is looking for an investor who could renovate the Soviet cinema,” says Elena Nevolina, deputy director of the youth house. FORPOST is going to remake the object into an exhibition complex, the total area of which will be about 4.2 thousand m2. According to the most optimistic forecasts, this will not happen until 2019.
The future of another Soviet cinema, Moskva, which operated until 2004, is also not fully known. It is located at 6 Staro-Peterhof Avenue, lit. And, next to the embankment of the Fontanka River, in the middle of a residential area. In 2010, Baltport LLC became the owner of the object for 109 million rubles, 5 years later, by its order, the architectural bureau Liteinaya Chast-91 developed a plan for the reconstruction of a former cinema with an area of 2,046 m2. It was supposed to be converted into a multifunctional center with a cafe, leisure areas and an exhibition hall, but no one got down to work. Now all the documentation has been finalized, and the implementation of the project depends only on funding.
At the stadium "Kirovets" (JSC "Stadium Kirovets"), which belongs to the JSC "Kirovsky Zavod", at Perekopskaya street, 6-8, for several years there has been an unfinished building made of red brick with a total area of about 5 thousand m2. Near it, on the sports field, trainings and games of local football teams, athletics competitions are held, a Holi festival of colors is held annually, where many teenagers come. As the "DP" was told at the stadium, they have been trying to lease the facility for several years to someone who could complete the construction, stopped due to lack of funding.
A sports and entertainment complex was also planned on the lane connecting Kudrovsky Proezd and Promyshlennaya Street, but the construction of the facility was interrupted. The customer of the works was ESNA LLC, the contractor was SU-305 OJSC. The customer could not agree with the future tenants about the specific purpose of the complex and its internal layout, Andrey Bulysov, the contractor's foreman, told DP. According to him, SU-305 has not been building the facility for more than 2 years. Now the building is a two-story building made of white brick, 150 meters from which there is a hypermarket and residential buildings.
The monumental Soyuzpushnina building on Moskovsky Prospekt is also awaiting a large-scale reconstruction. It was built in 1937 and has hosted auctions and exhibitions of "soft gold" since that time. The reconstruction project was developed by OOO V.S. Fialkovsky Design Bureau, and is being carried out by OOO SODIS Stroy. It was planned to locate an office and banking center and the headquarters of the Zenit bank here. At the same time, the external appearance of the building was going to be preserved, the main changes would affect only the interiors. The work began in 2015 and was supposed to be completed by the summer of 2016, but the building is still not ready. In 2017, a four-story building with an area of 25 thousand m2 on the side of Moskovsky Prospekt was fenced off, and active work was never started.
Trading is the engine of regression
If you find yourself outside the historic center of St. Petersburg, in multi-storey districts, comfortably equipped with everything you need for life - pharmacies, hypermarkets, beauty salons and entertainment complexes, - you can ignore the boxes of abandoned shopping centers, which, next to such a variety, become invisible to the eye. The fate of such objects is observed only by enthusiasts or lovers of industrial tourism.
Among these buildings are often found those that were almost completed. For example, shopping center on Malaya Balkanskaya, which has been forgotten for 9 years, was 92% ready. In 2013, at the auction, the company tried to win back its long-term construction, recognizing the ownership of the site, but Rosreestr and KUGI found reasons to refuse it. In 2014, the court terminated the lease agreement for the land plot of Romex-invest LLC, and in 2016 the object was transferred to another investor - PETER LLC. New owner promises to complete the construction of the shopping center after resolving issues with the papers. But at the moment, the building is surrounded by a blue fence, and torn polyethylene sways on the window frames.
Another outstanding example of long-term construction is the shopping center on Industrialny prospect. In 1992, they were going to build a catering block and a cinema on the site, but by 1998 the plans changed, the object was acquired by a Lebanese citizen Mohamad Hussein. The new owner destroyed the remnants previous works and began to erect a structure, which was designated in the documents as the "Leisure Center of the Population". The partially glazed building is still not ready for use. The land plot was recently sold, and now the Alliance company will be engaged in the construction of the shopping center.
Abandoned construction sites are not only a problem in the suburbs. Even in the center there are unfinished objects. The former Bolshoi Rybatskiy Square on Rybatskaya Street of the Petrogradskaya Storona was leased to OOO Redi in 2003. The company attracted the architectural studio "Studio-44" Nikita Yavein, but in 2008 the architects refused to cooperate. The customer made changes to the project, which did not suit the workshop. The construction period was extended several times until 2017. The deputy director of the Redi company Karina Gorbatenko told DP that the reason for the protracted construction is the problem with the power supply. She also said that the company is now completing work on the facade and expects to complete construction by the fall of 2017. In the course of a long construction, the intended appearance of the building changed. Redi assured that the city will receive a beautiful building with nine statues, each of which is ready to symbolize a trading city (including St. Petersburg).
It seems that everyone has forgotten about the Pythagor business center under construction in Kakhovsky Lane, except for the people living in the neighborhood who are dissatisfied with the sealing construction. Near the business center there is a historical building, a cultural monument - G.L. Shalita. In 2014, residents held a picket demanding to stop the development and collected 2 thousand signatures. Work on the reconstruction of the garage, over which the office superstructure was supposed to appear, has been going on for 7 years, but since then nothing has changed. The deadline was postponed several times, and the construction permit, despite the discontent of the residents, was extended.
Industrial facilities
Sometimes happy stories happen to abandoned objects, and they are again in demand - as a rule, in a completely different capacity than originally thought. This, for example, happened with the enterprises of the weaving and spinning industry. Almost all of them have found new uses.
We are talking about six large spinning mills in St. Petersburg: "Renaissance" on Piskarevsky Prospect, a factory named after P. Anisimov on Borovaya, them. Dzerzhinsky on Riga, Rezvoostrovskaya on the emb. the Yekateringofka river, them. Lebedev at Rosenstein and the "School" factory at Maly Prospect PS All of them were transferred to the outskirts of the city during the Soviet era, to the large Iskra industrial complex. Their territories are now not empty and are occupied by business centers, new residential complexes and educational institutions... And Iskra itself has become the Grand Canyon shopping mall. Found their use and the abandoned buildings of the current art space "Tkachi" on Obvodny, and Volodarsky's factory at the corner of Moika and Gorokhovaya, and the most successful example, perhaps, is the building of the old weaving manufactory on the street. Red Textile Worker, which turned into a complex of the Unified Center of Documents.
However, such examples are rare, and many old Soviet enterprises abandoned in the 1990s have remained empty.
Perhaps the most unlucky was the Krasnoye Znamya factory, around which investors have been walking for more than a decade, and they still cannot breathe new life into her empty hulls. The place of creation of the first pioneer detachment in Petrograd, a monument of constructivism, a hosiery and knitwear legend - the Krasnoye Znamya factory in 2008 was acquired by businessman Igor Burdinsky. The entrepreneur planned to reconstruct buildings and create a modern art center on the territory of the factory. However, it was not possible to carry out the plan, the factory was sold for the debts of the entrepreneur. The next stage was the purchase by the Baltic Commerce company of the building of the thermal power station on the territory of the Red Banner. Development Director of the company Ivan Arkhipov told "DP" that at the moment the facade of the CHP plant is being brought into initial appearance and eliminate accidents. The company is not aware of what is happening in other buildings that do not belong to Baltic Commerce.
The history of the Tram Mechanical Plant began in 1929, when it was a car repair plant, but after a few years it began to produce trams. In 1993, the enterprise, covering an area of about 18.6 hectares at 2 Chugunnaya Street, was corporatized, and 20 years later, in 2013, it was declared bankrupt. At the auction in 2015, all the property of the plant, including 13 buildings with a total area of about 70 thousand m2, was sold to the company "Internal technical equipment of tanks" for 992.4 million rubles.
According to the initial idea of VTS LLC, it was planned to build a residential complex on the territory of the former Tram-Mechanical Plant. As experts noted, the location of the site would be interesting for developers: the proximity of the metro and the city center, in addition, the large territory on which it is easy to implement a large-scale project are unconditional advantages. However, LLC "VTS" was unable to agree with the city government on a plan for the construction of housing, Smolny did not want to change the purpose of the land from production and business to residential. After that, the company decided to re-equip the territory for a complex for the storage and processing of vegetables, the project was estimated at 1 billion rubles.
Nobody has begun to implement this plan, now the buildings of the former tram plant are empty, and the territory is overgrown with trees and bushes.
The territory of other large-scale production was somewhat more fortunate. Once upon a time the pre-revolutionary plant "Red Triangle" was the first enterprise for the manufacture of rubber products, now its territory is partially abandoned, but not completely: different parts its area is home to several hundred owners. However, they all operate independently of each other: next to the tire fitting there may be a cafe or a football section, and all this against the backdrop of dilapidated red brick buildings.
Recently it became known that the city has appointed the Property Fund of St. Petersburg as the operator of the development of the territory of the "Red Triangle" within the framework of the comprehensive sustainable development program. The fund will be engaged in the reconstruction and redevelopment of the quarters of the former plant. To implement the project, he will also have to establish a dialogue with numerous owners. The cost of the renovation will cost 40-45 billion rubles.
The territory of the "Red Triangle", like the Tram and Mechanical Plant, has a convenient location and could be used for the placement of public and business quarters with the inclusion of residential buildings, lofts.
At Magnitogorskaya, 15, bldg. 1, for several years now there has been a five-story reinforced concrete skeleton of an unfinished building, which belongs to ZAO Okhtinsky Woodworking Plant. On the territory of the functioning industrial enterprise, located on an area of 6 hectares, this is the only unfinished building. In 2013, it was planned to demolish it, but no one named the exact dates.
Near the Bronevaya railway station at 39 Vozrozhdeniye Street, lit. And, there are two huge unfinished buildings, connected by a passage; the total area of the building is about 26.5 thousand m2. Initially, they were built as industrial buildings for the repair of heating equipment. The facilities are in a high degree of readiness, and they are clearly visible from the WHSD.
Since 2006, the site has been leased by Vodokanal St. Petersburg, but has not started any demolition or construction work. The situation could have changed after 2011: then the facility was acquired by ZAO Group Enekos for 284 million rubles, it is engaged in the production of valves for water supply systems.
As told by "DP" general manager company Sergey Semikhin, the buildings were planned to be equipped for production needs, but the next crisis prevented the start of work on the object. "The commissioning of new buildings requires large financial resources, which we do not have at the moment," he said. Enekos does not plan to part with the buildings for the Renaissance, but does not even name the approximate dates for the start of work on the objects.
Can't be demolished
Some buildings, despite their historical value, to be demolished. In particular, the Leningrad Experimental Shipyard on the Petrovskaya Spit will come under attack. It was built in the 1940s and was administered by the All-Union Central Council of Trade Unions. The shipyard produced racing and civil yachts and boats and even some types of climbing equipment. In the 1990s, the buildings, along with the new unfinished building, were abandoned. The owner of the site is Ostrov LLC, which is associated with Lenstroytrest CJSC. In the winter of 2017, the company received a permit to build a residential complex on the site of the shipyard. It will represent three houses, united by an underground parking. Lenstroytrest promised that the appearance of the facades will correspond to the residential buildings of St. Petersburg at the end of the 19th - the beginning of the 20th centuries, and some of them will contain features of the architecture of the 18th-19th centuries.
At the end of the 18th century, an iron foundry and a bronze factory of the French merchant F.A. Chopin. In 1873, a company of the iron rolling and wire plant was created here, which in 1921 was renamed into the "Red nailer". In the first five-year plan, a water tower of the rope shop was built according to the project of Yakov Chernikhov, the creator of "Architectural Fantasies". The building is a monument of constructivism and since 2010 has been included by the KGIOP in the list of objects of historical and cultural value.
The owner of the building is Steel Rolling Plant OJSC. The tower has been in disrepair for many years, and the rope shop was demolished along with many other buildings of the Steel Rolling Plant in 2011. A residential complex is being built on this territory. First, Lemminkäinen Rus presented a project for the Ilmatar residential complex. Then the territory was bought by Setl Group and Ostrov LLC, a member of this group, received permission to build a residential complex "Fortecia" here, which was later renamed "Palazio". The developer intends to reconstruct the water tower, the rope shop and the Steel Rolling Plant management. The project is planned to be fully implemented by 2024.