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Yachts are not given a base
The Development Corporation of the Far East lost the first court on the suit filed in defense of the resident
The Arbitration Court of Primorsky Krai denied the suit of the Development Corporation of the Far East Corporation (KRDA), filed in defense of the rights of the investor-resident of the Free Port of Vladivostok LLC O. Russian". This is stated in the court decision of 31 January, the motivation of which was disclosed the other day. As reported by EastRussia, the KRDV appealed to the court, challenging the refusal of the municipal property administration (UMS) of the administration of the city of Vladivostok to provide the investor with a land plot without bidding.
From the materials of the investigation it follows that the mayor’s office formally acted strictly within the framework of the law.
As indicated in the defendant's process, the norms of part 2 art. 39.16 of the RF Land Code prescribe to refuse to provide land for rent in case the site is already granted on the right of permanent (perpetual) use, free use, lifelong inheritable possession or lease. At the time of the appeal, "O. Russian "to the mayoralty of the site was indeed allocated to the perpetual use of the ISU" Integrated development of land in the city of Vladivostok. " In addition, "the type of permitted use of the requested land plot did not meet the purposes of use specified in the application for the grant of a land plot," the UMS insisted.
During the proceedings, the court revealed another curious nuance. The Federal Law "On the Free Port of Vladivostok" "directly provides for the provision of preferences to a resident only when he carries out the activities specified in the relevant agreement," the court stated. Agreement with O. Russky "fixed that the company should develop sea tourism on the territory of the free port of Vladivostok", and the place of implementation of the investment project in it indicated "the territory of the Primorsky Territory in places of mass recreation: Sportivnaya Gavan, Ajax Bay, Zhitkov Bay, Shamora Bay, Muravyinaya Bay, Trinity Bay , the Golden Horn Bay and other places of mass recreation ”. Plot on the street. Tatarskaya in Vladivostok does not belong to places of mass recreation, therefore, the resident does not have any privileges for its development, the court concluded.
However, after studying the chronology of the events around the disputed land, EastRussia revealed several interesting circumstances.
So, 2 June, 2016, the municipal public institution "Comprehensive land development in the city of Vladivostok" (under the jurisdiction of the UMS) applied for an unlimited use of a plot of land of 41,01 thousand square meters. M on the street. Tatar. The type of permitted use of the site is "sports complexes (stadiums, sports and recreation complexes, gyms, gyms, swimming pools and other sports facilities), yacht clubs, boat stations, for the construction of yacht clubs, boat stations." 21 June UMS issued a corresponding order. 8 July on this basis was recorded in the Unified State Register of Rights to Real Estate.
1 July to provide the same land for lease without bidding asked LLC "O. Russian". The company designated the purpose with the phrase "for the construction of boat garages." Records in the EHRPNI at that time had not yet been made, but the normative act had already been issued. Thus, the chances of obtaining land without bidding the investor no longer had - he was late with the appeal for a month. Whether there were at that time in the UMS information that the site might be required for the implementation of the project of the Free Port resident is unknown.
The mayor’s refusal followed on August 3.
In addition to the above reasons, in its justification, the UMC also resulted in “the availability of a statement from another person to hold an auction for the right to conclude a land lease agreement and the decision of the authorized body to hold an auction”. This is recorded in the court decision on the claim of the CRAF.
The application for an auction for the right to conclude a lease of the disputed site 5 August was filed by OOO Far Eastern Institute of Real Estate. By order of UMS from 4 October, the auction was scheduled for November 24. But not a single application was received. The municipality did not retreat and appointed a repeat auction - on 2 February. He also did not take place - for a similar reason. Neither OOO Far Eastern Real Estate Institute, which initiated the tender, nor any other legal entity of interest in the land has shown.
Thus, the land, in the provision of which was denied to the investor, never found the lessee. It is noteworthy that the site, which asked LLC "O. Russian ", now partially used for parking of water vehicles. In addition to the fenced parking lot and security guard booth, it also houses "cars, a metal container with doors, construction debris, a wooden structure for bicycling, concrete slabs and asbestos cement pipes, dismantled cars, metal tanks, a metal container" In the auction documentation.
According to EastRussia, JSC KRDV intends to challenge the arbitration award. To provide an official commentary in the corporation before the publication of the material did not have time.
EastRussia will continue to monitor the development of the dispute.