Construction of feudalism: what’s wrong with “the law on demolition of buildings”

A result of the adoption of the law and without that not much limited the Moscow construction complex will have full power over the earth in the town

On 20 April the State Duma has approved in the first reading a package of amendments to the Federal law on the status of Moscow — the so-called bill renovation. The lawmaking of the state Duma of the current convocation leaves no doubt that the bill will be successfully passed. With this experience, mark and the mayor of Moscow Sergey Sobyanin, who, without waiting for the bill, has asked the city Duma of 100 billion rubles on the implementation of the renovation program. So now we can talk about what is in store for Muscovites in the near future.

The promise and the reality

The key novelties of the draft law on the renovation implies the following: first, the concept of “renovation area”, the boundaries of which appoints the Executive. All capital construction projects in the area of renovation will be removed.

Secondly, if there are houses, then the owner of the apartment the Executive power offers one option of moving. If the owner is not moving in the apartment voluntarily within 60 days, you are evicted by a court decision. The owner requested as compensation is not equivalent, that is, having the same value of the apartment, as required by the Constitution, and “equivalent”, i.e. which has the same square footage of living space.

Third, the bill requires that in areas of renovation cancels the effect of all urban planning and land regulations are repealed building regulations. The developer, included in the area of renovation, has no legislative restrictions on its activities.

Fourth, it creates a Fund facilitating renovation, statutory activities which includes buying and selling of real estate and construction activities. Legally, the Fund subsidiary of the government of Moscow. In fact, a public developer and realtor.

In addition to these novels the text of the bill contains a number of declarative provisions, like a provision on the right of the owner of an apartment with the preservation of the district or County of residence. This position is comfortable and populist support of the bill, however, has no force in view laid down in the bill of procedure of the forced relocation. Or, for example, the bill says that it aims at solving the problem of housing industrial construction in 1960s-1970s years of construction and similar. This provision allows the authorities to talk about “the program of demolition of Khrushchev”, however, in the logic of the bill is baseless reasoning: the object of regulation are areas, those areas of renovation and not building. In addition, if you follow it, then demolished it is possible to send a majority of buildings in Moscow since 1960-ies because of construction technologies in Russia since then has not changed so much. Of course, to demolish the whole of Moscow, no one is going, and therefore the correct version is that these provisions included in the bill for the sake of political speculation.

Another provision of speculative is the claim that the bill is aimed at the demolition of the “old” and “obsolete housing”. The bill does not define what “old” and especially what “obsolete” housing. The Russian law of such categories does not know. There is a category of “emergency housing”, there is a procedure for recognition of houses emergency and its subsequent demolition and resettlement. All the necessary laws and regulations for emergency housing we already have. Moreover, contrary to talks about Khrushchev as “temporary” housing most of them were built with the estimated lifetimes in the range of 75-120 years. Many still half the time not stood.

Building a monster

What will the bill? And without that not too restricted by the legislation of the Moscow construction complex will have full power over the land in the city. Virtually any vending construction in the plot it will be possible to build up uncontrollably. Perhaps some of your land and will be “Khrushchev,” may not even be in a very good condition, and tenants are even glad to be moving. But it will be nothing more than a side effect. The direct effect is the dismantling of the institution of private property in the city, and hence the collapse of so and not fully established capitalist relations, which sets the value of private property in the forefront. This could be considered a kind of gift to the centenary of the October revolution, if not one “but” — this kind of way leads not to socialism, but to the archaization of social relations, that is likely to feudalism.

The first step to feudalism were the Rules of land use and development (PHC) in Moscow, also adopted this year. Key points of the rules were as follows. First, all already issued at the time of development of regulations of urban plans of land (gpzu) was erected to the status of the law. It is, in fact, removed all of the urban conflicts in Moscow. Regardless of the status of planning permission — whether it is cancelled by a court decision, rejected the residents at a public hearing, do they face protests against infill construction — henceforth, the relationship between the developer and the city administration to acquire the status of law.

Second, the PHC imply the possibility of change or cancellation of the protection status without holding a public hearing. If a developer wants to build a residential complex in the conservation area, the question was determined without taking into account the views and interests of residents. Third, in districts where there was no survey, fixed the boundary “on the pavement”, ie right next to homes. The PHC cemented the existing feudal relations and allowed the aristocrats of construction as necessary to dispose of urban land. However, the land remained under the houses of the inhabitants, which at that time was inaccessible to developers. This unfortunate misunderstanding, and is intended to change the law on the renovation.

The politicization of Muscovites

Social implications the adoption of the law on renovation is hard to predict for sure, but we can already see unprecedented urban agenda mobilization. In the Facebook-group “Muscovites against the demolition of” 10 thousand users — residents, activists, municipal Council members, journalists, professionals. The Union of architects of Moscow and the Union of architects of Russia has criticized the bill, also made and the Council for codification and enhancement of civil legislation under the President. Parliamentary parties conduct round tables, which are looking for ways to join this group, but the protest is of a civil nature and the party can’t get it under control. Leading experts in the field of urban planning and design also support rejection of this bill.

A faithful marker of uncontrolled mass mobilization is that for thousands of people participate in the social movement is the first experience. It was very obvious six years ago at Bolotnaya square when the people said, “I never went to rallies, but now…” Today the same is said of protesters against the bill on the renovation. Then it was about the franchise, the phenomenon is largely intangible. Now we are talking about the right of ownership — perhaps the most tangible, visible, obvious right after the right to life. And citizens don’t want the authorities were able to take their honestly earned and lovingly lived-in home.

The authors ‘ point of view, articles which are published in the section “Opinions” may not coincide with ideas of editorial.