The Civil Code is not counted: how citizens are deprived of the right to a garage amnesty in Moscow

Natalia does not specifically indicate the address of the building: "The address is not fundamental, because it is important here, first of all, that all garage owners have time to take advantage of the garage amnesty." Natalia is ready to provide all the documents in case of interest in this story from the side of state institutions. This is what the woman said:

“Even in the days of Tsar Herod, to offend widows was considered the last thing, but not so today in Moscow: in front of my eyes my 80-year-old mother, a candidate of sciences, the author of the first in the USSR textbook on predicting the reliability of electronic equipment in airplanes, a project participant, was deprived of her rights” Buran ", a veteran of labor, a disabled person.

From the very morning I have been stunned and crushed by disappointment in the Moscow authorities.

And before I was without illusions, looking at the demolition of monuments, but so that the employees of the council casually say that Moscow legislation is a priority for them - I did not expect this.

Decree of the Government of Moscow of November 2, 2012 N 614-PP, it turns out, is more priority than the Civil Code of the Russian Federation!

The decree, which was issued to spend that very "night of long buckets", where the second appendix was a list of more than 2.5 thousand kiosks, garages and other unauthorized construction - it is still in effect and is a priority for city officials, although it contradicts part 4 of the article 222 of the Civil Code of the Russian Federation.

DGI Moscow, it turns out, can unilaterally terminate the agreement without notifying the citizen, although it is necessary to warn him 3 months before termination, and then not provide documents confirming the fact of this termination, violate other clauses of the signed agreement, act contrary to Rosreestr data - and this is all for what ?!

Is it really for the sake of demolishing the garage, on the site of which nothing else can be built, because there are communications under it - they tried, but failed.

Only a new garage can be built here, but it will no longer be my mother's garage, but who needs a garage - is that really so ?!

Less than two months later, the "garage amnesty law" came into force, which gives the right to very, very many people to register ownership of the land plot under the garage, and the District Commissions began to actively identify the squatter .

And then the councils began to urgently demolish the garages, although the Civil Code of the Russian Federation requires the owners to be given at least 3 months after the authorities' decision to demolish in order to disassemble things, sell iron for scrap, and to someone else 6 months to legalize the construction.

And it is not clear how to rely on the Civil Code of the Russian Federation now, if it has less force than the resolution of the Moscow government ?!

For two weeks we tried to reach out to everyone - to the prosecutor's office, the police, the Investigative Committee, State Duma deputies, human rights defenders, trying to prove to the Governor and the prefecture that they were going to violate my mother's rights.

Once we managed to fight off the demolition with the help of Rosreestr data: in the USRN, the lease agreement for the plot under my mother’s garage was indicated as valid.

However, this morning, under the roar of an excavator, the head of the demolition showed me the USRN from his hands, where there were no lease agreements for a plot of land under my mother's garage - no, he did not give me a photo, as well as a letter from the DGI, where it is written that the lease agreement was terminated from the date of the death of my mother's husband, although that agreement says that the rights to lease are transferred to the heir.

If this demolition is legal, why are the documents on the basis of which it was made hidden?

There are still many questions, and we will ask them in memory of my stepfather, who even in the "saints" of the 90s managed to defend his rights.

In 1997, the garage destroyed today stood in a different place, then they also wanted to demolish it, because it interfered with the construction of a business center, but the prefect eventually issued an order on the provision of this land plot for a garage, even a drawing of the land from the Moscow Committee for Architecture and Construction was attached to it.

And the employees of the council then moved the garage from place to place with a crane, having previously dug out a viewing hole, reinforced the foundation, asphalted the site and supplied electricity to the garage.

Vadim Vadimovich, of course, would still have found the strength and a way to defend his rights - he always did extraordinary things: for example, he and his mother had a honeymoon trip on a yacht designed and built by him in the early 80s.

Mom has not yet succeeded in defending her rights, but we will seek justice.

And we advise all garage owners - as soon as possible, write applications to the DGI of Moscow and other cities about the lease of land plots under their garages, and then register them as property.

We did not find such a form on the mos.ru website, but it is on the State Services - we submitted it, but the administration officials told us in advance that we would receive a refusal.

Well, well - let's wait, as well as the answers to 19 of our letters to various authorities.

And we will act, because now it's not only about the garage ”.