In Yekaterinburg, the ongoing conflict around the park on the street Repin, in an area which is currently under construction shopping center. June 22 Charter Court of Sverdlovsk region has ruled that recognized the park land transfer in the area for construction of shopping mall, previously issued by the city Duma, illegal. June 27th is ruling said director of “Reforms in the real estate sector,” the Foundation “Institute for Urban Economics” (Moscow), Ph.D. in Architecture Edward Trutnev. As reported June 27 correspondent BakuToday in the Office of Information and analytical support of the Administration of Yekaterinburg, Moscow-based expert noted that the Construction Code (GDC Russia) does not contain any rule that changes to the Rules of Land Use and Development (PHC) is possible only in case of their incompliance with the General Plan, which emerged in result of changes in the General Plan. “PHC should consider the Master Plan, but do not have to comply with the Master Plan is literally” – quoted Trutnev in Yekaterinburg administration.
In addition, according to the mayor’s office, Trutnev called untenable assertion authorized court that in the buffer zones cemeteries are not allowed to construct buildings and structures not related to their service, except for religious and ceremonial objects.
“In accordance with Paragraph 1 of Article 6 of the Federal Law of 29 December 2004 № 191-FZ” On introduction of the Construction Code “before the entry into force in the prescribed manner of technical regulations on siting, design, construction and operation of buildings, structures, verification of the conformity documentation on planning area, project documentation, as well as engineering survey results, work performed during the construction, reconstruction, repair of capital construction, constructed, reconstructed, repaired, legal requirements, regulatory and technical documents to the extent consistent with Federal Law of 27 December 2002 № 184-FZ “On technical regulation” and the Construction Code. SanPiN 2.1.1279-03 is normative technical document, which was adopted in 2003. So it works for part 1 of article 6 of the Federal Law № 191. What does it mean “to the extent not inconsistent” Federal Law number 184? mean to establish minimum requirements to ensure the safety of certain species – those kinds of safety as defined FZ № 184. The analysis shows that paragraph 2.10 SanPiN 2.1.1279-03 regulates outside limits defined by Part 1 of Article 7 of the Federal Law № 184. This means that paragraph 2.10 SanPiN 2.1.1279-03 contrary to Federal Law number 184, and by the fact of this contradiction, there is also the contradiction of Article 6 § 1 of the Federal Law № 191 “- quoted Mayor’s Office Trutnev.
Recall, June 22, Charter Court of Sverdlovsk region has ruled that declared illegal the transfer of land area in a forest park in the category of land on which to build shopping centers. Following this ruling, the city administration began an information attack. At the official city site almost every day there are comments which the authors are against the decision of the authorized court. And yet, it is not subject to appeal.
