How to deal with the seizure of the coast?

21.04.2011 08:25
Articles about real estate | How to deal with the seizure of the coast? Capturing the coast - a problem which in recent years has become particularly acute. The length of the captured coast becomes more and more, the authorities continue to sell - make it possible to privatize the shoreline with surrounding areas, despite the introduction in 2006, the Land Code of the Russian changes, according to which under Art. 27 issue of shoreline is prohibited in the property.

On sections, designed before 2006, operates a public easement, the owners of these binding sites to provide free passage and finding people on the coastline.

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According to the article. 6 of the Water Code, every citizen is free to be on the foreshore, as well as use it for personal and domestic needs, including for recreational fishing. To public water bodies include virtually all water bodies of natural origin. For most water bodies is determined by the coastal strip width of 20 meters, the length of the rivers below 10 km, its width - 5 feet. Nobody has the right to partition off the coastal strip, to prevent the passage and find her.

Despite the fact that the law is completely on the side of citizens, the government ignoring the violation or even counteract the defenders of lakes, because the invaders are the officials of various levels, deputies, prosecutors. This is related to the April 15 press conference, activists of the seizure of Lakes "and" Toksovskie Lake.

"In the Black Sea coast is a palace Putin, giving the Patriarch for overriding the shore and captured forests and forest in the reserve Utrish in protected areas are trying to build a residence Medvedev. Flouted the law at the highest level, and only those who are trying to resist it - it's ordinary citizens," - said a representative of the movement "against the seizure of Lakes" Irina Andrianova.

As described defender, against the Taking of being everywhere, it involves many people living in different towns. On 20 appeals to the Public Prosecutor activists should a prosecutor's check and not more than one order of demolition, which is not satisfied. At 30 requests should be no more than one prosecution lawsuit in court, the prosecutor's office is not trying to finish.

"The courts vodozahvatchiki or their lawyers placing pictures showing the demolition of the fence, which is actually not demolished, but the judge can easily believe, and the prosecutor can easily withdraw his claim," - says Andrianov.

And even if there is a court decision, it does not mean that it will hold bailiffs. Today in the Leningrad region and St. Petersburg, about 25 cases brought to fruition - there is a decision on the demolition of illegal structures on the foreshore, on ensuring free access to the foreshore. Done maybe one of them - a small house on the River. Wolf. Evidence is only one report of the bailiff service.

The second precedent is even more sad ending: the military-patriotic club while the club service dog took a big chunk of the coastal strip on about. Nameless in Krasnoselsky district. Residents and local administration, which stood in this case on the side of people, managed to bring the case to the end and pull down the fence, but the next day he was raised again.

Several court decisions remain unimplemented Sestroreck already 1,5 years in Toksovo - four. On the shores of Lake Nakhimov after the court decision the fence was completed, and the volume occupied territories even increased. The same situation Ganin. "In Roshchino able to prove in court the illegal sale of shoreline Administration Vyborg district, there is a particular culprit - the head of the Vyborg district Patraev Constantine, who signed a resolution on the illicit transfer of ownership of the shoreline, but the bailiffs refused to initiate enforcement proceedings under various pretexts," - stressed the defender.

As the experience of the defenders of lakes, the struggle gives some positive results only if the work is on two levels - legally and socially, if people come together, are persistent and assertive, organized protests have attracted media.

So in Roshinsky urban settlement to create a solid mobile group of residents from different villages, which by the first signal is collected and the machines come on the scene. They have already begun to fear. Managed to defend some areas, make the courts and even put pressure on the prosecutor's office, which opened a criminal case over illegal land allocation against the head Roshchinsky settlements Alexander Kurgan, who was forced to resign. "In three years of intensive activity in virtually all members of our group had poisoned the dogs," - said Natalia Pavlova, an activist movement against the seizure of lakes "Vyborg region Leningrad region.

"We need to change the government and no other way" - says adviser to the former chairman of the Federation Council Sergei Mironov, the executive secretary of the Human Rights Council of St. Petersburg Natalia Evdokimova. "Separation of powers has come to an impasse. Today, the legislative and judicial authorities do not mean anything, all led by the executive branch. The laws do not work, prosecutors, instead of defending the rights of citizens, not only supports the extralegal actions of the government, but sometimes even acts together with law enforcement authorities against people who try to fight for their rights, "- said Evdokimov.

The lawyer-environmentalist Center of Expertise ECOM Dmitry Afinogenov, in our country today some legal means fail, they must be accompanied by active stocks in order to show those who decide that the situation can not be silenced. Violations are obvious and easy to prove, but the laws are not enforced when it comes to high-ranking or wealthy men.

Preventive measure, which also is not a panacea, Afinogeev considers the creation of recreational areas in the lands of the settlements and small land settlements. This area is not subject to building. Necessary to change the planning documentation, which is not easy to do.

In the village Toksovo Vsevolozhsk district, which is one of the leaders in the number of illegal acquisition of territories, this method worked. "When a few years ago, people learned that the planned development on Lake Veroyarvi cottage settlements, was initiated by the process of creating a protected area of ??local significance to the moratorium on the building", - said Nadezhda Osipova, an activist movement Toksovskie Lake.

Builder LLC Honka Park "recently made a second attack, but defenders of lakes, together with local residents hoping to reflect it. Information boards will be installed, ready to free newspaper Toksovskie Lake. "People should be informed, otherwise they easily manipulated," - emphasizes Nadezhda Osipova.

In order to fight against the illegal occupation of valuable natural areas across the country this year, was created by All-Russian Movement "Open Beach. Preparing for the start of the project "People's Map of Russia captured the coast, where the efforts of the public will bear the information about the built-up and fenced the banks in different regions of the country.

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