Sebastopol may not have enough land to build affordable housing. In the Commercial Court of Sevastopol commenced the hearing on the suit of Capital Construction SSGA to Sevastopol city sovetu.Sudebny nature of the relationship between the two branches of a couple of years, as was the norm. The peculiarity of this case is that the management of capital construction challenges the legality of the decision of the City Council to build affordable housing in the 6 - m micro Kamyshovaya bay. Solution "to lease the management of capital construction SSGA land for residential development second stage 6 - the first district Kamyshovaya Bay for the construction of affordable and social housing" City Council adopted July 8, 2008. In Sevastopol, such a decision the first time. According to the document, the MSC approved a draft land on allotment of land of almost 11 hectares. Lands were classified as residential and public buildings with a reservation for the construction of affordable and social housing. " In this source of funding for social housing deputies, by law, determine the budget of the city. Affordable housing should be built in accordance with Presidential Decree of November 8, 2007 "On measures for the construction of affordable housing in Ukraine and the improvement of providing citizens with housing." That is the decree of president and was "not by decree" to the execution of one of the departments of state power in the city and the reason for going to court.
An administrative claim for recognition of certain provisions of the decision unlawful UKS (the plaintiff) insists that presented to the City Council (Respondent) and land management on land allocation for residential development. June 12, 2007 City Council decision to give its consent to the MSC to develop a draft land on allotment of land of 10.56 hectares for residential development the second stage of the 6 - th district Kamyshovaya Bay, September 20, 2007 draft land (for residential development) was prepared. But only 21 March 2008 issue of granting land was included in the agenda of the session, but a decision on it was taken. (By the time the purchase leased land located in the state or communal property, it was possible, according to new provisions of the Land Code of Ukraine, solely on the auction). However, according to a statement of claim, July 8, 2008 city council in breach of the same decision on 12 June 2007 adopted a new, "to lease the management of capital construction of the Sevastopol city administration of land for residential development the second stage of the 6 - th district Kamyshovaya bays for construction of affordable and social housing. "
Thus, the MSC receives a ground rent, and even for housing. Only use it will be solely in the interests of citizens standing in line to receive an apartment, rather than, for example, capital construction companies have built in a couple of luxury high-rises on the land the MSC, which is unlikely to have even a dozen square meters, and doctors Sevastopol teacher.
But, as mentioned above, the MSC with such restrictions are not reconciled. And if against commitments to social housing was nothing to argue, the mechanism thoroughly established in law, then affordable housing, as it turned out, it is possible to argue.
Thus, plaintiff argues, this "decree contains no provisions governing the financing of affordable housing, but contains provisions mandating the Cabinet of Ministers of Ukraine to perform certain activities, including develop and submit to the Verkhovna Rada a bill on the construction of affordable housing in Ukraine, and also contains a number of principles that should guide the decision-normative - legal acts regulating the construction of affordable housing. " "Thus," says the statement of claim, at the time the defendant solutions, affordable housing in Ukraine, the law is not settled, the decree itself does not contain legal rules governing the construction of affordable housing, which, in turn, deprives the plaintiff to the possibility of solving the defendant in terms of affordable housing. " Therefore, the MSC insists on recognition of nonperforming above-mentioned decision, but only in part of affordable housing.
The legal service of the City Council claims the MSC caused, to put it mildly, puzzling. Policies of the guarantor of the Constitution in the regions is the direct responsibility of state governments. And in the decree makes clear: to recognize one of the leading areas to ensure the constitutional right of Ukrainian citizens in housing construction in the state support of affordable housing, low cost, which is able to acquire citizens with low income in need of better housing conditions. The President also recommended that local governments provide during the planning areas designated land for affordable housing. Without waiting until the state administration ahead of the rest will be taken for implementing the President's decree, that is, will submit documents for the selection of such sites, the MPs themselves have followed the recommendation of the Supreme Commander. And here, received ... lawsuit.
In fact, says the head of legal department of the executive office of the City Council Helen Bliznyuk, while regulated complex process of financing affordable housing, city council has set aside land for this program. Another mechanism for backup, but as the allocation of land for some specific purpose, the Land Code is not provided. And given the pace at which land is versed in Sebastopol, wait until the Cabinet will fulfill all the requirements of the President, and there is a delay that affordable housing would be fatal.
According to unofficial versions, the joint activity agreement with the MSC on this site have been waiting for one of the commercial structures in the plans that is not charity. And deputies from the "land" the commission, remembering all erupted in recent land scandals involving government officials simply did not want to give up such a huge plot of land for "smearing" of the target destination, "residential construction", allowing, among other things, hotels, and apartments. No backstage gossip, you can add that clarification in the decision for the construction of affordable and social housing "really made it possible to highlight this area to rent without an auction. Perhaps because the MSC and also contests the "social programs".