The expert revealed the grounds for the demolition of a non-stationary retail outlet
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- The expert revealed the grounds for the demolition of a non-stationary retail outlet
Until recently, the layout of non-stationary retail facilities was a tool for facilities on state or municipal land. On a private territory, the order of work was determined by its owner. A new law passed by the State Duma gives regions the right to oblige entrepreneurs to include non-profit organizations in the municipal placement scheme. This will provide municipalities with a tool for monitoring safety and aesthetics. Ilya Rusyaev, a lawyer, business consultant, and founder of the Rusyaev Club business community, gave this explanation in an interview with Izvestia.
Three months will be allocated for applications for already operating facilities, he recalls.
"If the region introduces new requirements, one year is given to bring the outlet in line with them," the expert clarifies.
It is still difficult to say whether there will be fewer non-stationary retail facilities after the law comes into force, the source said. Everything will depend on how many facilities fail to legalize or comply with the requirements.
"If the facility has not submitted an application during the transition period or has been excluded from the scheme, there will be consequences — it will not be possible for such an NTO to be located or operated," the lawyer points out, specifying that in this case the facility may be demolished.
There are several legal grounds for demolishing such outlets. For example, if the structure has signs of unauthorized construction, the approach of art. 222 of the Civil Code of the Russian Federation ("Unauthorized construction") is applicable. Such an object is subject to demolition or restoration, Rusyaev reminds. If the NTO operates without the consent of the owner or with unauthorized occupation of land, liability arises under Art. 7.1 of the Administrative Code of the Russian Federation "Unauthorized occupation of land."
Read more in the Izvestia article:
Promised Land: Russia will streamline the placement of stalls and kiosks on private territory
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