The Renovation Fund rubbed the eyes of Google and the defenders of the public garden in Losinoostrovsky District

Lyudmila Butuzova

Already 10 courts have been held on claims of residents to the Department of City Property, to the Moskomarkhitektura and to the government of Moscow - for illegal, in the opinion of the plaintiffs, changing the type of permitted use of the territory and cutting down the park. The claims were not satisfied, the courts did not find violations of citizens' rights during the renovation program, and the issue of documents for the land plot - whether they were genuine or forged - was not considered at all. The appeal to the Investigative Committee to Bastrykin had the same "success", no corpus delicti was found.

In the meantime, the felling of trees in the park and the construction of the house is in full swing, they are already finishing the construction of the second floor of the new house. In despair, activists throw themselves under bulldozers and even - it happened! - Threatened with public suicide, seeking to cancel the illegal, in their opinion, construction. So far, they have earned themselves only the labels of "urban madmen". So be it. But what prevents the renovation fathers from presenting these ill-fated documents to the conflicting party, removing their suspicions of a raider seizure and confirming in the same courts the legality of building renovated housing on this launch site?

“Then they will have to declare flagrant violations of the law by the administration of Moscow itself,” says Olga Kuzmina, the most implacable warrior against the “renovation lawlessness”. According to her, any construction in the capital should be carried out in accordance with accepted norms and in compliance with the most important Law of the City of Moscow No. 17 "On the Protection of Green Spaces", but what the Moscow authorities do with the nature of our city, except for barbarism and crime, is not name.

It's hard to argue. Not only posts in social networks, but also headlines in newspapers loyal to the authorities scream about the renovation barbarism - " In one of the courtyards of the Cheryomushki district, all the trees were cut down in 4 hours for the renovation project", "Moscow lost 200 thousand trees in three years".

“In my Babushkinsky district, 2 hectares of good mature trees were recently cut down on Raduzhnaya 16, 1.5 hectares of apple orchards on Pechorskaya 7, a huge area with 300 trees and shrubs on Ostashkovskaya 9,” says Nikolai Belov, administrator of the Muscovites Against Demolition group. I sympathize with Olga Kuzmina, who is fighting with a small group of residents for a tiny green area in Losinka". “People tried their best to prevent the felling, but...

But something needs to be done. Earlier, in the Losinoostrovsky district, the territory of the Krasnaya Arrow stadium was built up with housing and the entire forest was cut down - now there are high-rise buildings. From the former public garden on Shushenskaya, this quarter can be reached in five minutes. The area is rapidly being built up and just as rapidly losing its green lungs.

The site, which is protected by the residents of Losinka, is located near house No. 7 on Shushenskaya street. It occupies 0.23 hectares and is an oasis for both children and the elderly. The site has the status of a green area (OZT), protected by law: shrubs and 108 trees of ten species, including pine, birch, maple, and linden, grow on it. It is not a classic Moscow park, but...

"It is of great importance to us Muscovites. - says Olga. - This is greenery, air, beauty and our health! ... This territory is not subject to construction, it has a completely different function - ecological, it is a historically formed landscape that the locals value, even trees are depicted on the coat of arms of our district. Who gave the right to officials to deprive Losinka of their own face and turn the area into a continuous “street of Builders”. No one. They appropriated it to themselves".

According to Kuzmina, the City Property Department (DGI) approved the scheme for construction, grossly violating the law - that is, ignoring the protected status of the territory, public hearings, where the planning project and changing the boundaries of the territory should be considered. In fact, the DGI initially drew a "linden", which he liked, then, on the basis of this "linden", the type of permitted use (VRI) was changed and the town-planning plan of the land plot (GPZU) was issued. In a hurry, the contradiction was either not noticed or considered insignificant for Muscovites. This is unprecedented: on the one hand, the park in Losinka is a territory protected by law, on the other, the authorities issue a permit for high-rise construction in a place prohibited by law.

“When we got our hands on the“ papers ”, on the basis of which the workers fenced off the park and started cutting down, we began to figure out what was wrong with them,” Olga Kuzmina told NI. - It was not so... The suspicion crept in that the documents for the land plot occupied by the green area were forged. Contrary to satellite images in GUGL and conclusions specialists, everywhere our square is registered as a wasteland.

They raised the alarm: where did the "wasteland" come from? Who saw him among the dense trees? It turned out that it was not without the Housing. The office, which a year ago improved the lawn in the park, and, with budget money, which is given only to green areas entered in the city register, suddenly turns 180 degrees and issues the mayor's office a new version of the state of our territory - now it is "an empty land plot with rare inclusions of low-value vegetation". What's wrong with their eyes? Inside the fence, at the very edge, there are large ship pines, all over the territory there are traces of the barbarian uprooting of large-sized trees.

A small group of district activists could not stop the work, the forces were clearly not equal. The police did not intervene in the conflict between residents and workers, but just in case there was a police paddy wagon around the corner. I managed to call a representative of the Renovation Fund. He came and with some papers in his hands argued that the area near the houses with trees is not a green area. It was even ridiculous: to stand under the pine trees in an unfinished park and lie that there is a "Sahara desert" around.

I wanted to climb a tree and sit there until these figures get rid of the optical illusion. They didn’t give it... After further investigations, there was no laughing matter at all. It turned out that a topographic survey, which was 16 years old, and a forged plot scheme were submitted to the site planning project - 20 trees were missing on it, and some were displaced 7-10 meters from the actual position on the ground. Large mature trees are arranged in a line so that it was impossible to understand that this is a green massif (more than 50 trees with closed crowns forming a single canopy are recognized as massif, provided that they are protected by law and are not subject to felling - Novye Izvestia note). On the forged topographical diagram and in the dendroplane, the area of the crowns has decreased 10 times and has ceased to fit into the category of "green massif".

Journalists who watched the squabble of residents and officials about the status of the site and did not make out which of them was right, turned to the Losinoostrovsky district council with the question that, after all, this unfortunate square is green and should be protected by law, or is it still a vacant lot, occupying a place on the priceless Moscow land? The answer came from the deputy head of the council I.A. Kovalev with references to the laws and decrees of the Moscow government from 2005 to 2007, when the trees on Shushenskaya had not yet grown to the status of protected and the site itself had not yet been included in the list of landscaping objects in the capital. A couple of years later, the park received a protection status as a green area of 3 categories of general use, but this is delicately hushed up in the answer. But The government hastened to notify the addressees that the specified site "does not contain building restrictions." Separately, in a letter to I.A. Kovalev recalls the public hearings held in the fall of 2019, to which everyone was invited and allegedly could receive exhaustive answers "from competent persons".

One of the main trump cards of the renovators is that the residents themselves sought to clear the park in order to speed up the renovation in the area, and then whistled to approve the construction at public hearings. How it was actually told To colleagues, the municipal deputy, editor-in-chief of the newspaper "Rodnaya Losinka" Victoria Mironova, very, by the way, surprised that the launch site, which had not even been planned on Shushenskaya Street, suddenly appeared in 2019 and immediately fell into the list of top-priority renovation buildings:

“The head of the Losinoostrovsky district council, Roberto Leonov, claims that the park was sentenced to felling at the request of residents. However, it is not! I was not provided with a single appeal from citizens with a desire to build up a plot on Shushenskaya, 7. Moreover, the head of the council admitted: the site was recognized as suitable for building, because there are no communications under it and it is convenient for developers. "All this, according to Mironova, "smelled bad" and she invited her colleagues to sign a collective request to Mayor Sobyanin with an urgent request to cancel the results of public hearings and stop construction in the park. The colleagues gasped in fear: “How can you? It's in the interests of the city..."

But this is another question - for whom is a house being built in such a hurry in a ruined public garden? For resettlers for renovation or is it a commercial project that is being implemented under the guise of a social project? Residents are gnawing at doubts. On the site of the park, it is planned to build a 21-storey building with 160 apartments (40 one-room, 100 two-room and 20 three-room). The commissioning of the house is scheduled for 2023. But according to the resettlement plan in the microdistrict, only one house - at 12 Izumrudnaya Street - must be resettled by 2024. It has 66 apartments. For whom are the remaining 94 apartments, if the rest of the houses will be relocated deeply after 2025? Mironova suggested asking the Department of Urban Development Policy of Moscow. And it didn't work. Colleagues unanimously came to the conclusion that the development on the site should still be implemented even contrary to public opinion.

The public at that time, foaming at the mouth, protested the results of public hearings in the courts and cursed the day when the renovation came to their quiet neighborhood, substituting an innocent square under the clearing and disturbing the peace of the inhabitants of at least three houses - on Yantarniy Proezd (No. 15) and Shushenskaya street (No. 7 and 9) .. It is under their windows that the same green area with birches and maples is located. On the map of the building complex, buildings are listed as participants in the renovation program. But some of the tenants claim that they did not get into the program of their own free will - because of the silent or because of pensioners fooled by the TV.

Houses No. 9 and 7 on Shushenskaya Street were departmental in the past. They were built by the Ministry of Defense for the generals of the artillery troops. Apartments in these houses are better than in classic Khrushchev houses: kitchens of 9 sq. m, separate bathrooms even in one-room apartments, ceilings - 2.75 m. According to the technical data sheets of buildings, the houses have individual layouts, during the construction they used elite class concrete of the M400 brand. In 2019, residents of houses on the street. Shushenskaya, they were surprised to learn that according to the results of the examination ordered by the Moscow Housing Inspection, their houses are serial, and the demolished series 1-335, in which kitchens are 5 sq. m, ceilings 2.48, and the supporting frame is made of cinder-concrete. Based on this examination, they were once again included in the program, so much so that you will not get out of it.

- We ordered an independent examination: the wear of the load-bearing structures is only 20%, - the general's grandson Arkady N. told "NI" - My descendants still live and live here, and no improvement is needed. I have no idea with what kind of overcooking this renovation could have been brought upon us. I personally will not leave my place and will sue even with the foundation, even with Sobyanin himself. They have ruined our lives - let them prove the legality, expediency and state necessity of their actions.

Sitting on the couch, pushing feathers is easy. But the general's grandson Arkady did not reach the trial, at least one, where Olga Kuzmina and a handful of activists are fighting for "legality and expediency" for all residents of the district. In general, few residents go to courts to support claims against the authorities, even fewer agree to file a claim on their own behalf. Although you talk to people - everyone feels offended, everyone wants to get even for the fact that they stepped on a sore corn - they cut down the park and ruined their lives. Perhaps, when the whole leg is crushed, then they will reach out to seek justice. But while Olga Kuzmina is one for all. Let me remind you that passed 10 ships. There is nothing to boast about, it only got worse.

“The courts, as we believe, make deliberately unjust decisions,” she shared with Novye Izvestia. For example, in the Moscow City Court, the territory planning project was contested. The part, and, where we declared the invalidity and nullity of the topographic plan of the PPT renovation, as well as the unreliability, inaccuracy of the documents of the engineering and environmental surveys, which were 16 years overdue, made in violation of the law and technical norms, did not interest Judge Lebedeva at all. She only checked the "technical report" of the defendant. That is, the report of the specialist who, in our opinion, falsified the survey documents, states "that everything is fine", which means that my requirements, in the opinion of the Moscow City Court, are not subject to satisfaction.

No court examinations of documents or Google photographs of the green massif have been carried out, have not examined our arguments and evidence.

The Babushkinsky court on the claim against the DGI wrote in a decision on a fact that does not exist in nature that the "Scheme of the land plot on the cadastral plan of the territory" is provided for by the PPT of renovation". That is, the PPT was, according to Judge Nevzorova, approved by 2019, although such a document did not exist that year, it appeared on 08/18/2020 - a few weeks before the start of cutting down of the park. But such "nuances", clearly indicating the illegality of the actions of the Moscow government and the Renovation Fund, the judge deliberately left out of brackets. After all, then we would have to unravel the whole tangle - who, where, when was involved in cutting the territory seized from us.

The decision taken by Babushkinsky and the Moscow City Court on the claim for public hearings is generally enchanting. The judges - the already familiar Nevzorova and the 11th composition of the Moscow City Court (to which for some reason all the cases under consideration on Shushenskaya, 7 fall) - believe that it does not matter what information and documents are present in the PPT - whether it is fake or invalid, the main thing is that we were allowed to speak. And since public hearings are advisory, our rights cannot be violated.

In general, you can write in the PPT of the renovation of the second and third microdistricts of Losinki that these are areas of the lunar surface, and the discussion of this absurd issue will not violate our rights.

And an impartial Investigative Committee? Our application was accepted, investigators were attached to verify the stated facts and further action. We have already cut down the square, the house is growing without any documents, and there is no movement in the Investigative Committee. I run, I am indignant, I hurry - well, what are you! This construction must be stopped! I'm tired of it... One investigator, pitifully, quietly whispers to me: “Don’t shake your nerves, this is Moscow - no one will check anything...

Where else are we to at least hear and understand what is going on under the guise of renovation?

It is known where - to the picket. Now supporters of Kuzmina stand in pickets almost every day to attract public attention.

Public shares are getting harder and harder. Activists (mostly women) were going to climb trees and signal trouble to the city and the world. On the scheduled day, under each unfinished tree on Shushenskaya, a fire brigade and police were already on duty, waiting for steeplejacks. The initiators of the action did not risk it - after all, there is no one else to defend the square besides them.

Novye Izvestia sent a request to Anatoly Konstantinov, Director General of the Moscow Residential Development Fund. Please clarify the controversial situation on the street. Shushenskaya and other hot spots, where residents entered a clinic with a renovation program. At the time of publication, the editorial office does not have an official the position of the Fund. Upon admission, she will be published promptly.