We were concerned about the lack of open access to the protocols of the Moscow City Planning and Land Commission.
A request was sent to the Moscow Government to provide the protocols of the Moscow Urban Planning and Land Commission (GZK) for 2012, as well as to publish all the protocols on the official website of the Moscow Government.
At meetings of the State Land Committee, the most important decisions in the construction sector of Moscow, including those related to investment contracts.
The SLC protocols are not published anywhere and are not available to a wide range of interested parties.
The basis for providing such information and publishing it on the official website of the Moscow Government http://www.mos.ru/ or the open data portal of the Moscow Government http://data.mos.ru/ (the portal was created specifically for access to open data of the city) were the provisions of the Federal Law “On ensuring access to information about the activities of government agencies and organs local government", Federal Law "On Information, information technology and protection of information”, which oblige the authorities state power provide at the request of a citizen any information at the disposal of a public authority, with rare exceptions.
In his response to a request for information dated March 27, 2013. No. 77-23-108/3-1, Deputy Chairman of the Moscow Government Committee for Ensuring the Implementation of Investment Projects A.N. Poniatova reported with reference to clause 3.5.6. Regulations on the Civil Land Code, approved Decree of the Moscow Government No. 1019-P «
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that the SLC protocols can only be obtained by sending a request directly to the SLC secretary.
In accordance with clause 3.1. Decree of the Moscow Government No. 1019-P « On the creation of the Urban Planning and Land Commission of the City of Moscow » The commission is a permanent working body of the Moscow Government, that is, it is not an independent body of state power.
Thus, the SLC protocols must be submitted by the Government of Moscow and for this there is no need to send a request to the secretary of the SLC.
In addition, this approach clearly contradicts the Federal Law “On Ensuring Access to Information on the Activities of State Bodies and Local Self-Government Bodies” and the Federal Law “On Information, Information Technologies and Information Protection.”
Of course, we will send a request to the Secretary of the State Land Committee, but most likely the question will arise on our interest in receiving this information.
Note to interested parties, for now you can try to obtain the protocols this way.
The question of posting the SLC protocols on the official website of the Moscow Government remained unanswered.
Since the response from the Moscow Government was sent only after sending a second request from our side, and the first was ignored, now General Prosecutor's Office The Russian Federation is considering our complaint about the inaction of the Moscow Government.
I think that sooner or later we will achieve the publication of the SLC protocols.
To be continued.
Decisions of the Moscow Urban Planning and Land Commission (GZK) are formalized in protocols and come into force from the moment the corresponding protocol is signed by the executive secretary of the GZK (now it is the chairman of Moskomstroyinvest K. Timofeev).
At one meeting, the State Land Committee often makes decisions on 80-100 issues.
The minutes of the Civil Defense Committee are not published anywhere. Moreover, the Moscow Government does not intend to publish them. In accordance with its official position (letter of Moskomstroyinvest dated March 27, 2013 No. 77-13-108/3-1, published on the blog pravdep.livejournal.com), the decision of the State Land Committee “determines the internal order of interaction, as well as the sequence of execution of instructions by the authorities executive power of the city of Moscow, does not extend its effect to an unlimited circle of persons and is not normative document» , and “is not an administrative document”, and therefore does not apply to the documentation to be published. Wherein “in accordance with clause 3.5.6 of the Regulations on the State Land Committee, copies of the minutes of the State Land Committee meeting or extracts from it (as far as relevant) are sent by the executive secretary of the Commission to the interested executive authorities of the city of Moscow and organizations within seven days after the meeting of the State Land Committee. The relevant documents are sent to interested parties on the basis of a written request addressed to the executive secretary of the Commission.”
In practice, interested parties very often cannot familiarize themselves not only with the minutes of the meeting of the State Land Committee as a whole, but even in full with that part of it that relates to their project - at best with a greatly truncated extract (in this case, of course, Moskomstroyinvest officials , who carry out the records management of the Civil Defense Committee, decide for themselves what to include in such an extract and what not).
Clause 3.5.6 of the Regulations on the State Land Committee, obliging Moskomstroyinvest to send extracts from the minutes to interested parties within seven days after the meeting of the State Land Committee, is often not observed - the preparation and verification of minutes, including a hundred (and sometimes more) questions, requires a long time. Moreover, this point is actually neutralized by the requirement of officials for interested parties to send a special written request to Moskomstroyinvest for an extract. After all, in order to request an extract from the SLC protocol, you need, at a minimum, to know when exactly the SLC considered this or that issue, and finding out this can be extremely difficult (the work plan of the SLC is a “secret under seven seals”). By the way, whether to consider the applicant an “interested person” or not is, of course, also decided at their discretion by Moskomstroyinvest officials...
As a result, land tenants in Moscow and developers (of course, in the absence of “insider”) sometimes get the opportunity to familiarize themselves with the text of the SLC decision that applies to them only in court.
In mid-July 2016, a number of changes were made to the Regulations on the City Planning and Land Commission of the city of Moscow. At the same time, few participants in the construction sector know what tasks the commission was created to solve, what powers it has, and in what cases meetings are held on land issues. We will devote attention to these aspects in the article.
So, main goal The creation of the State Land Land Committee is a quick solution to problems related to urban planning activities, as well as land issues. The commission’s powers also include resolving issues regarding construction and overhaul buildings, including those related to facilities cultural heritage.
Discussions are held in the format of a meeting, the result of which is the drawing up of minutes and adoption definite decision. Moreover, all decisions made by the land commission gain force only after the final document is signed. The peculiarity of the State Land Committee is that it considers issues only within the boundaries of its existing competence, without performing tasks assigned to the government of the city of Moscow and the region.
During the meeting, various issues may be considered, the introduction of which is the task of the Chairman. The functions of deputies can be performed by heads of subgroups on various issues. The secretary is responsible for holding the meeting and drawing up the minutes.
What functions are assigned to the SLC?
One of key issues- functions assumed by the land commission. During the meetings, specialists in the areas make decisions on making adjustments to the general plan of Moscow and the region. The State Land Committee also has the right to approve the following projects:
- Schemes of the territorial and sectoral sectors, thanks to which the implementation of urban planning measures is guaranteed within the framework of existing state programs of the city.
- Rules for the use of land, measures for the development of Moscow, as well as making adjustments to the documentation.
In addition, the town planning commission makes decisions regarding the approval of:
- Projects of environmental protection zones related to cultural heritage sites. It also defines the modes of use of land plots in close proximity to the above-mentioned objects of the city of Moscow and the region.
- Lists of land plots, the rights of which can be transferred through the organization of auctions (bidding) with the subsequent construction of objects in the housing sector.
- Planning projects for the capital's territory before the rules for land use, as well as structures for the city of Moscow, come into force.
- Rules for the use of land, as well as structures within the capital, which are prepared based on applications from citizens and representatives of companies (legal entities). In particular, we're talking about about individual housing construction objects, agricultural lands, as well as plots located outside the Central Administrative District of Moscow.
In addition to the functions listed above, the SLC also takes on a number of other tasks - assessing the urban planning potential of the capital, reviewing, as well as approving (rejecting) projects for the development of a network of public toilets, stopping the development of a project for the development of land plots, and so on.
In addition to global issues relating to the territory (structures) of the city of Moscow and the region, more “minor” problems are also resolved at the meetings (including financial plan). These include decisions regarding the application of penalties, changes in the timing of construction (reconstruction) of objects, termination (termination) of lease agreements, installation of easements, and so on. Meetings are held and minutes are drawn up on each issue.
As a result, the urban planning commission of the city and region takes upon itself wide range tasks related to decision making in the construction industry. This also includes work related to investment activities. Decisions are also made regarding the preparation and conditions of execution of concession agreements.
The powers of the State Land Committee include making decisions regarding agreements drawn up with entrepreneurs and citizens on the transfer of city funds for the construction (reconstruction) of structures (houses, roads).
How does the commission work?
The Urban Planning Commission is a permanently functioning body of the city of Moscow and the region, whose activities are carried out taking into account the current regulations, and decisions are confirmed by the protocol and approved by the chairman. The frequency of meetings is not strictly fixed; they can be held as necessary, twice a month (minimum). It is worth noting that the town planning commission of the State Land Planning Commission should make decisions only if the number of participating members is 50% or more. Otherwise, decisions made at meetings are not valid.
What do you need to know about SLC decisions?
Special attention should be paid to the issues of decision-making by the town planning and land commission. Thus, meetings concerning objects of the city of Moscow and the region are held subject to strict adherence to the legislation of the Russian Federation. In addition, the issue is considered resolved if the members present agree. If there are disagreements on certain issues, a decision is made by voting and recording the results in the minutes. If a vote is taken, the decision is made if there is more votes. In a situation where opinions are equally divided, then the last word remains with the chairman of the State Land Committee. In the absence of the chairman, the main word remains with the deputy.
Based on the results of the meeting, the secretary draws up a protocol, where they are noted decisions made. Within ten days from the date of the meeting, the minutes must be signed by the secretary ( responsible person). After registration of the document, a copy of it is sent by the secretary to the authorized bodies of the capital (region). There are three days for sending from the date of approval of the protocol. Extracts from the document must be sent on the basis of a request made in writing.
Tasks of the commission members
Each member of the town planning and land commission undertakes to carry out certain tasks. Thus, the functions of the chairman include managing the work of the State Land Committee. If there is no manager, then his deputy takes over his functions. In addition to the direct leadership function, the chairman (deputy) manages the work of the commission, distributes responsibilities between members, approves the preparatory regulations, and delegates his functions to other members of the commission (if necessary).
No less important questions— drawing up the meeting agenda and keeping minutes. These issues are the responsibility of the executive secretary. Authority may be delegated to the heads of working subgroups.
There is also a Committee for Moscow and the region, which ensures the implementation of investment projects in the construction sector, and also controls shared construction.
Working groups also take on certain functions. Their powers may include preparing and organizing meetings. At the same time, several different subgroups are created - a town planning commission on investment, town planning and other types of activities. Such commissions include heads of various bodies in the construction sector (territorial, functional and sectoral).
The minutes of the meetings held by each of the subgroups must be approved by the chairman town planning commission. The work of subgroups is regulated on the basis of existing regulations.
The powers of the State Land Control Working Groups in Moscow and the region also include conducting preparatory work regarding draft decisions, resolving issues related to the implementation of investment projects and so on.
The function of monitoring the execution of decisions of the State Land Committee lies with the secretary, who takes on a number of other tasks:
- Providing data on the implementation of the Commission's decisions in the sector of indicators (relative and absolute) affecting the general situation in the sociological and environmental sector.
- Organization of operational meetings on issues related to the implementation of commission decisions. At the same time, data on the conduct of meetings is provided at meetings of the State Land Committee along with data on the implementation of certain decisions.
The regulations on the work of the commission can be adjusted, but only on the instructions of the Moscow Government.
On October 30, 2014, a meeting of the commission (GZK) was held under the chairmanship of the Mayor of Moscow, Mr. S.S. Sobyanin. In paragraph 34 “On the draft urban plan land plot at the address: Moscow, st. B. Ordynka, 8, building 1,2,3,4; pp. 3-13, 18, Kadashevsky deadlock, no. 3”, dedicated to the well-known problem of development of block 401, where the 17th century Church of the Resurrection of Christ in Kadashi and three historical city estates are located.
The commission decided to “agree with the drawing up of an urban development plan for the land plot at the above address. Despite the apparent success of the decision, covered up by the previous resolution of the Moscow Government 775-PP dated December 19, 2012, in fact, a decisive attempt is being made to complete the long-delayed construction project in favor of a private developer, who intends to more than compensate for its losses of previous years at the expense of the enormous cost of buildings near the Kremlin.
Everything looks good: it provides for the “preservation of a cultural heritage site...”, etc. All the necessary “polite” phrases about heritage protection have been said. However, several points immediately show the anti-legal, hidden essence of the decision. First of all, the commission approves the area of the facility - 13,500 square meters. m with the height of the planned buildings being 14.5 meters. And then it is reported that “ total area existing facilities - 5,700.9 sq.m."! That is, the developer more than doubles the existing area! Legislation allows only regeneration within historical parameters (Federal Law 73, Article 34, clause 2: “A protection zone is a territory within which, in order to ensure the safety of a cultural heritage site in its historical landscape environment, a special treatment land use, limiting economic activity and prohibiting construction, except for the application of special measures aimed at preserving and regenerating historical and urban planning or natural environment cultural heritage site").
It is clear to everyone that such an increase in area is possible only with a clear violation of historical parameters hidden from the public. However, they are quite well known to specialists, since this issue has been discussed for a very long time. The historical height of the building before its illegal demolition in 2003-2010 did not exceed 10 meters, since the entire building consisted exclusively of two-story buildings. So the height of 14.5 m, approved by the “experts” of the commission, is absolutely untrue and was invented for profit. This contradiction is a significant violation of Art. 51 of the Town Planning Code of the Russian Federation (Ninth Arbitration Court of Appeal, Resolution No. 09AP-29606/2010-AK dated February 16, 2011, Case No. A40-150012/09-122-1135).
A huge area will also be obtained by filling a tiny plot of land with a crowded mass of new buildings that are completely inconsistent with the historical layout. After all, experts are actually well aware that in block 401 near the temple there were only three estates with plots called “homesteads”. This was confirmed by modern land surveying in 2007. Everyone knows that according to the law, construction allows only the regeneration of lost buildings, in in this case- estates, which, of course, do not provide as much large area. That's the whole secret. In addition, the commission also envisages some kind of “demolition of dissonant objects.” What these “dissonant objects” are and who defined them as such remains a mystery. And it is not surprising - despite the law and public demands, the development project was not discussed at public hearings, as again required by law.
Contrary to the results of studies conducted on block 401 back in 1990 (Historical and architectural survey of the center of Moscow, survey area Zamoskvorechye, block 401, Mosproekt-2 Workshop No. 17) and in 2000 (Historical and architectural reference plan. Territory of the Church of the Resurrection in Kadashi, Mosproekt-2 Workshop No. 17), it is indicated that the existing development “does not represent historical and cultural value.” And this is stated about the very center of Moscow, in the protected area of the Kremlin, in the security zone! It is also stated that the historical buildings “are characterized by a low degree of preservation of the historical structure”, but this does not take into account that it was illegally and deliberately destroyed during 2003-2010 in the interests of the developer. The word “regeneration” is not even used once! But it is indicated that certain “accommodation objects” of arbitrary size are allowed. Thus, someone wants to “quietly” under the nose of the Kremlin, where ancient monasteries are being restored, to profit from illegal construction in the Kremlin’s protected area! It is clear that with such decisions from protected area the greatest spiritual, historical, cultural center nothing remains, even with the restoration of the ancient Kremlin monasteries. As for Mr. Sobyanin, he is not an expert in this field and, willy-nilly, must trust his assistants, who are not expensive historical heritage capital Cities. A historical city- not just a street... It’s not hard to guess what this state of affairs can lead to. Well, if our people need own story, let him protect her himself. And if it cannot protect, then no one needs their own history. Only without history we don’t have a future, because the future is not built from scratch, we need to respect our ancestors and cherish their memory. And for a normal person this is more expensive than money.
Confident when conducting genuine scientific restoration of the specified quarter in the architectural style of the 17th century, adapting the buildings of merchant estates to modern needs, i.e. Russian-style hotel apartments, rental premises, conference rooms, child care facilities, etc. Moscow could acquire a tourist cluster, a museum of architecture under open air and receive exceptional financial benefits to the capital's budget.
We are talking about the Interdepartmental Protocols Town Planning and Land Commission- a permanent body of the Moscow Government, where at weekly meetings chaired by Sergei Sobyanin, decisions are made on construction throughout the capital. It is on the basis of these documents that historical buildings and green spaces have been destroyed and continue to be massively destroyed, squatter construction is legalized and “launching sites” for the notorious are determined.
Town Planning and Land Commission(GZK) was created in November 2010 on the initiative of Sergei Sobyanin and was officially called upon to function as a recommendatory body considering issues in the field of construction in Moscow. But very quickly this commission began to work behind closed doors, making decisions on a total change in the appearance of the entire capital, without the participation of representatives of the scientific, expert, local history and environmental community. In fact, the commission does not recommend, but obliges public authorities in the field of architecture, ecology, protection of cultural heritage to implement certain projects.
Over the 8 years of existence of the GZK :
— hundreds of decisions have been made about the demolition of historical buildings and new construction in their place, among them - the Privalov House on Sadovnicheskaya Street, the Melgunov Estate on Old Arbat, the Serafimovich House of Culture in Sredny Tishinsky Lane, the merchant Mikhailov's House on Bolshaya Dmitrovka, the Taganskaya Automatic Station on Pokrovsky Boulevard, the Neklyudova Estate on Malaya Bronnaya, the Red Cross Military Hospital on Krasnokazarmennaya Street, apartment buildings on Varvarka Street and hundreds and hundreds more addresses.
— allowed development of more than 500 parks and green areas, including “Friendship Park” at the River Station, “Dubki” Park, “Torfyanka” Park, “Kuskovo” Forest Park, and a park on Zhivopisnaya Street.
— given over reconstruction, but actually for complete or partial demolition, hundreds of buildings of architectural and memorial value, including the Bolkonsky House from “War and Peace” on Vozdvizhenka, the swimming pool of the Luzhniki Olympic complex, the apartment buildings of Kuznetsov and Korolev in the Ordynsky deadlock, the Sokolov-Sibiryakov estate in Voznesensky Lane, the historical quarter on Sofia embankment, opposite the Kremlin.
— more than a thousand legalized unauthorized construction projects throughout Moscow. Instead of taking administrative and criminal measures against persons erecting buildings without permits, the commission after a short time stamps decisions “on the preservation of objects that have signs of unauthorized construction.”
Contrary to the requirements of Article 24 of the Constitution Russian Federation, the Commission's decisions are kept in the strictest confidence and are not available to citizens. Deputies are also denied access to different levels. Thus, it is physically impossible to find out about the decisions made at the meeting. Only occasionally does the mayor's press service report on certain events to the commission, leaving behind the scenes thousands of decisions made contrary to the opinions of city residents and the professional community.
The Human Rights Council under the President of Russia also spoke about the opacity and lack of accountability of the commission in 2016, which called for its abolition. At the same time, a call to liquidate the GZK was made at a rally and social movement"Arkhnadzor", however, large developers spoke out against it.
The information publication Fronde TV is confident that it shouldn't be like this. Any decisions taken by the authorities must be accessible and discussed with citizens. These documents were provided to us by an official of the Moscow Government, and today we are publishing all the Minutes of the State Land Control Committee from its foundation in 2010 to May 2018.
A quick analysis of these documents reveals that GZK works like a conveyor. Meetings are held every week, and at each meeting several dozen issues are considered, sometimes more than a hundred. These issues include all construction projects in Moscow, including decisions on development of several million square meters square meters. Moreover, each meeting of the commission usually lasts no more than an hour. That is, on average, about a minute is spent on considering one question.
For example, the meeting of the State Reserve Committee on April 14, 2012 lasted 50 minutes, and 64 issues were considered. And the meeting of the State Land Committee on December 27, 2013 lasted 35 minutes, and 75 issues were considered. Consideration of each question took exactly 28 seconds. During this time, it is impossible to even voice a decision, let alone discuss it.
But that's not even the most interesting thing. From the documents received it becomes clear that after signing the protocols they can absolutely edits can be made at will, seriously changing the project in the interests of developers. Among these changes: reduction in area kindergarten almost 2 times; reducing the number of parking spaces by 10 times; increase in building height by almost 3 times; changing the purpose of the land plot from “improvement and landscaping” to “accommodation shopping facility” and even “initiating changes to federal laws.”
