CONSTRUCTION MINISTRY OF THE MOSCOW REGION MUST REVISE ITS DECISION REGARDING “NOVOTUTINKI”
FAS applied the “fast-track” procedure considering a developer’s complaint. The Ministry must execute FAS injunction within five days
FAS considered a complaint of “Novotutinki” Ltd. against the Construction Ministry of the Moscow Region regarding a permit for building No.6 residential house in an integrated low-rise residential estate in Mytischi District, the Moscow region. The decision was made on the 13th day upon receiving the complaint.
FAS Commission established that the Ministry unlawfully failed to grant the construction permit to the developer, referring to absence of a certificate on approving the architectural-and-construction look of a capital construction facility. Under the law of the Moscow region, a certificate is issued before expert examination of the project documentation for a facility. The developer conducted expert examination of the development in September 2014, before the requirement on an architectural facility was set.
Deputy Head of FAS Rachik Petrosyan emphasized: “It is unlawful to require a particular procedure that precedes the already performed project stages. The developer’s complaint was considered under the “fast-track” procedure. The Ministry is issued an injunction to review the developer’s application in view of FAS comments no later than five working days”.
Currently it is possible to appeal actions of the authorities under the “fast track” procedure only on two grounds: violating the deadline for the procedures on the Exhaustive List* or requiring a procedure not included in the List. The draft law aimed at reducing administrative barriers in construction expands the grounds for appealing actions of the authorities. The document has undergone public consultations, approvals by federal executive authorities and is submitted for consideration to the State Duma of the Russian Federation.
Deputy Head of FAS explained: “The amendments devised by FAS expand the rights of businessmen for “fast-track” appeals and, as a consequence, prompt restoration of their rights”.
*
No. 403 Decree of the Government of 24.01.2017
No. 1138 Decree of the Government of 16.05.2017
No. 1504 Decree of the Government of 26.06.2017
No. 346 Decree of the Government of 30.09.2017
No. 452 Decree of the Government of 25.10.2017.