Deforestation for the construction of a school in the new Moscow, against which local residents are actively protesting, is not only barbarism in relation to nature, but, apparently, real raiding.
Forest lands, which are managed by the capital and Troitsk officials, are in federal ownership, which means that any attempts to dispose of them – from the transfer of plots for development to the issuance of logging tickets – have little in common with the law. How subordinates of Sergei Sobyanin are trying to circumvent Russian legislation under the guise of law enforcement officers – in the PASMI material.
For several weeks, protests by local residents and eco-activists against the decision of the city administration to build a school for 2,100 students and a kindergarten for 350 students have continued in Troitsk, Novomoskovsk. It would seem that good intentions to eliminate the shortage of educational institutions in the city, which, according to the city authorities, is 2,700 places, resulted in an open confrontation with the townspeople. It came to blocking access roads and setting up a tent camp, but cutting down trees in the area fenced with a metal fence continues. To protect the school, the contractor for the construction of the school, LLC GK SU-555, strengthens security with mercenaries, law enforcement officers are constantly on duty at the conflict site, but this does not reduce the severity of the conflict, but, on the contrary, results in brawls with protesters.
Residents of Troitsk, of course, are not against the construction of a school, but they do not understand why the Trinity Forest should be cut down for this – the city has enough sites for the construction of educational institutions. At the same time, they fear that the matter will not be limited to schools and kindergartens, and uncontrolled development of forest lands will begin, as was the case in other Moscow and Moscow region regions. Meanwhile, as a representative of the regional public association “Right? Yes!” explained to PASMI, Anton Mogilnikov, the capital and municipal authorities, in principle, cannot dispose of the lands on which they are trying to start construction.
According to Anton Mogilnikov, the Moscow government faced the problem of developing federal lands after the expansion of the capital by adding about 1.5 thousand square meters. kilometers of the territory of the Moscow region, despite the fact that one of the main goals of this expansion was precisely the development of new territories.
The social activist explained that the inclusion of land plots within the boundaries of a settlement changes only the category of land, but not the right of ownership. In particular, forests are becoming urban forests, but this does not remove them from the protection of federal law. The attempt of the Moscow government to attribute land, which was part of the forest fund before the expansion of the capital, to the green fund of Moscow does not limit federal ownership of these lands, the PASMI interlocutor explained.
And one of the special cases of this serious problem of the administration of Sergei Sobyanin was the situation in Novomoskovsk Troitsk, because the Trinity Forest is nothing more than the 53rd, 54th, 57th quarters of the once Malinsky forestry, that is, the land of the forest fund, which, by virtue of the Forest Code of the Russian Federation, appropriates them federal property status.
“At the same time, Moscow officials are not embarrassed by legal restrictions on the use of these lands. Subordinates of Sergei Sobyanin decided not to carry out routine legal procedures with the transfer of land and resorted to raider seizure, providing the contractor with false and falsified documents, ”said Anton Mogilnikov.
So, according to him, unknown persons illegally registered four plots within the boundaries of forest lands, which are in federal ownership. This is a plot with cadastral number 50:54:0010103:103 with permission to use it as an administrative office building and a shopping complex with a hotel, plots 77:19:0010103:1149 and 77:19:0010103:1477 – for the construction of educational institutions and a plot 77:19:0010103:1478 with the type of permitted use “road network”.
“The specified federal property has not been transferred to anyone since 2006, the design, construction and other use of land outside the Forest Code has not been coordinated. At the same time, deliberately false information was entered into the state cadastre about ensuring access to land plots, as well as about the lack of rights to these land plots,” Anton Mogilnikov noted.
In addition, in his opinion, the Department for the Development of New Territories of the City of Moscow committed a violation of the law by concluding state contracts for the construction of a school and a kindergarten on forest federal lands worth 3 billion 687 million rubles and almost 87 million rubles, respectively.
At the same time, the contractor, LLC GK SMU-555, does not have the legally binding right to free use of land plots on which construction is planned, the public figure noted.
Oksana Mukhovnikova and Dmitry Romanov, Deputy Heads of the Department for Registration of Property Relations of the Department of City Property of the City of Moscow, signed the corresponding agreements with another organization that does not carry out construction, LLC Academproekt.
“This directly violates the requirements of articles 24 and 39.10 of the Land Code of the Russian Federation and should be qualified as abuse of power,” Anton Mogilnikov emphasized.
He also drew attention to the fact that contracts with Academproekt LLC were concluded for a period of 11 months 28 days: “Obviously, a period of less than a year is prescribed in order to avoid state registration of the right, within the framework of which a legal examination is necessarily carried out, which would undoubtedly reveal the fact of falsification and forgery.”
Accordingly, the violation was also committed by the head of the city district of Troitsk, Vladimir Dudochkin, who, on the basis of these illegal documents, issued permits for the construction of a school and a kindergarten – by the way, not to the official contractor SMU-555, but to the same Academproekt.
At the same time, according to Anton Mogilnikov, Dudochkin’s actions can also be seen as misappropriation of budget funds, since he previously initiated and carried out design work on federally owned forest lands, obviously at the expense of the local budget.
Cutting carte blanche
The list of illegal actions compiled by activists does not end there. Thus, Nikolay Ruppel, deputy head of the administration of the city district of Troitsk, issued an order for earthworks to SMU-555 LLC without providing legal documents for the land and without reference to specific land plots.
Also, without an exact reference, but only at the conditional address of the object, Yulia Kudryashova, Deputy Head of the Department of Nature Management and Environmental Protection of Moscow, issued logging tickets to Academproekt LLC for cutting down more than 4 thousand trees and shrubs.
“These solutions actually allow the contractor to cut wood and excavate anywhere along Oktyabrsky Prospekt in the city of Troitsk, transport and make deals with wood without control,” Anton Mogilnikov noted.
He drew attention to the fact that felled wood is not counted in accordance with the requirements of federal law. Meanwhile, the damage already caused to the forest, according to the estimated cost of wood alone, is at least 10-15 million rubles, and the total losses due to the destruction of forests on more than 5 hectares are not subject to primary assessment.
According to the interlocutor of the editorial office, he repeatedly sent statements about violations to the inter-municipal department of the Ministry of Internal Affairs of Russia “Troitsky” and even reported them personally to the head of the department, Lieutenant Colonel Artur Ruzin, when he arrived at the site of the scandalous construction site. “I was told that until there is political will, deforestation will continue,” said Anton Mogilnikov.
He outlined all his arguments about the illegality of what was happening in a statement sent to the Moscow prosecutor’s office, the Main Investigative Committee of the ICR and the Main Directorate of the Ministry of Internal Affairs of Moscow, as well as to the Federal Property Management Agency, the Federal Forestry Service, the Federal Service for Supervision of Natural Resources and other federal agencies.
According to the public activist, the actions of these officials contain signs of corruption-related crimes that resulted in a violation of the property rights of the Russian Federation and the legitimate interests of citizens, provided for by a number of articles of the Criminal Code, including forgery, abuse of authority, negligence and ecocide.
“I demand to urgently suspend any type of work on these land plots, immediately conduct an inspection and take measures within my competence to protect the rights of citizens and the rights of the Russian Federation upon the violations I have identified, to reclaim forest land plots, restore the rule of law and bring the perpetrators to justice” , the activist writes.