Parking wars in our backyards

He writes: ternovskiy:

The transport situation in Moscow has long been out of control authorities. Despite the fact that the city was able to almost completely get rid of the "shells", park has not become easier. On the contrary, like mushrooms after rain in the courts of the capital began to emerge bars and tensioned chain. So many tenants illegally trying to solve the acute problem, sometimes turning yards in place of hostilities.
Along with the new partner of the & lt; & lt; no nonsense Country & gt; & gt ;, «Association of urban experts" Neighbours ", we decided to help people in the fight against illegal seizure Pridvorova territories.

16 photos, text.





Frankly, I do not think that this issue will cause such a strong response from the people. For 10 minutes after my question on Twitter, readers have sent a couple of dozen addresses, and much perturbed words about invaders parking spaces.

People shared their stories: someone slashed tires, scratched or broken car glass for parking in someone's home place, someone openly threatened violence, etc. And most importantly - the majority of citizens do not know how to deal with insolent neighbors and try not to enter into conflict with them.

I decided to call myself to some locations that have reported from Moscow.

01. Kuzminki. Young Lenintsev Street, house 70. There I discovered stretched chains or other barriers. However, all parking spaces were marked with signs with the numbers. How are they distributed among the residents - is unclear.



02. Taganka. Street Small bricklayer, house 18, building 3. And here and there were bars and chains.



03. The scale of the disaster (stops the spread of illegal parking in the yards) became clear in 2007-2008 It was then that the former head of Yuri Luzhkov ordered (02.12.2008. No.4-19-20915 / 8-1) «stop illegal parking operations in Moscow. " During the meeting, held at the first Deputy Mayor in the Moscow Government Pyotr Biryukov 11 December 2008. (Minutes No.06-07-383 / 8), it was decided to "liquidate the yards in the capital all devices serving for self-trapping of parking spaces."



04. The idea is to deal with lawlessness have special parking district and regional Commission on the prevention of illegal parking activities. In 2009, Pyotr Biryukov instructed prefectural and district council (responsible for the content of vnturidovorvyh territories) engaged in creation of such commissions. Their sacred duty was to be relentless monitoring of Moscow households, reported illegal "poster" and the organization of work Guiza to eliminate them. Every week, district committees should report to the district was about how many columns - chains and where they found and destroyed.

In general, the mechanism for solving such problems emerged:

 - Commission with the help of mobile teams examined yard area and find unfortunate bars, chains, cones.

 - All information is drained in Guiza, at the direction of which the contractors cut columns, cones, etc. Then transfer them to storage all in the same Guiza.

 - The owner of the confiscated items could pick them up, if he proves that he has the ownership of the land assigned to them (such as is known in Moscow simply can not be). Otherwise, the installation of the column, a cone or staking chain is considered self-capture territory, because the land belongs to the city on the basis of the Land Code. If hunters take post-cones is not, they pass on scrap metal.

In turn, Guiza, despite all the instructions and orders, not in a hurry to organize the commission established to search for illegal bars, cones, chains and eliminate them. They both stood and stand. Monitor and report information to Guiza - all this fell on the shoulders of residents of the capital.



05. In accordance with Article 2 of Law No. '77 Moscow from 10.12.2003g. to help citizens in the war against illegal seizure of parking in the yards should be public, and points of law and order. The same Guiza are called "loading" of the organization, traffic, disaster and unauthorized parking on intradomestic territories. However, Guiza and then do nothing. Metropolitan neighbors still rely only on themselves.

Glider. Vilis Latsis Street, Building 19, Building 1. Here we have invited one of the residents of the house, which she could not understand on what basis they have suddenly appeared in the courtyard of the beautiful bars and chains.



06. It turned out that the house (hostel) and the entire surrounding area belong to the "Russian Chemical-Technological University. DI Mendeleev "(RCTU) and is not in the capital, as well as federal property.



07.



08. Therefore, for an explanation of the situation with the installation of fencing in the yard, we decided to look into the next building, where is the management of the campus.



09. With us kindly agreed to talk to the deputy chief of the campus. She said that the fence installed by the students themselves, who live in the dormitory, received by the Directorate consent to these actions. In general, the university is now saving money to put a fence around the whole of its territory. According to her, they just tortured the inhabitants of the neighboring houses, making all the empty seats with their cars.



10. The reason for that - idiotic behavior of urban planners who "vkoryachili" high-rise buildings, not caring about where the tenants will put cars. And now the students just have to somehow protect themselves from it. However, the question of what to do the rest of the students, not the seven lucky, cut off from the others, she did not answer.



11. drove the students said they did everything at his own expense (reset to 2 000), agreeing with the administration of the university. And I, of course, I understand them, but it's worth noting that the very installation of fences - is absolutely illegal, as, in fact, knows the town and guidance.



12. Race. Race Street, House 5 and 7. Residents №5 went even further - installed automatic gate, forgetting to warn the neighbors. These are two adjacent houses, whose total area Pridvorova the ends of buildings. Residents of the house №7 earlier drove to his house after the place where at one point rose gates. And now willing to offer a ride only one option - to buy a car remote, cost 4000 rubles.



13. Gates are available and on the other side of the building. It's funny that in the event of an emergency (fire or coming soon), it is recommended to look for the guard of the theater, which is located on the first floor of the house №5. I wonder how many there he ate something happens at night?



14. More of bordering on idiocy things. The whole house is richly plastered here such wonderful advertisement (like hanging almost in every yard of Moscow).



15. In addition, the local administration said that the writing on the wall is enough to absolve themselves of any responsibility for their actions, they also propose to remove all the cars in the distance beyond 15 meters from the building - apparently in a nearby courtyard.



16. It is clear that urban life is also not in the best situation - just try to clean the roof of snow and ice, when the entire courtyard causing the car. But that's so stupid ads not solve the problem.
Despite the complexity of the situation in the yard, here are quiet and seashells near which is strictly forbidden to park. But if they are removed, there will be able to get two cars.



Such examples are typed in the city no less than themselves courtyards. The situation is really very serious and without mutual respect it can not be solved. But, first of all to monitor all of these have the city authorities, who just try not to interfere in the conflict tenants!

If you can not solve everything is good, you can use our tips and tricks on the Suppression of Unlawful Seizure of parking.

The necessary arguments and valuable advice:

1. The owner of the land on which the illegal fence, is the subject of the federation (municipality). In Moscow, the owner of the land can not be the HOA (as in the city conducted survey the local area).

2. Fences impede the movement of transport, travel ambulances, emergency ... Land for illegally erected fences used for other purposes (for example, a lawn is used as a parking lot for cars).

3. Thus, the rights of the municipality as the owner of the land violated. In addition, the erection of fences violated the provisions of paragraph 3 of Article 25 of the Federal Law "On Architectural Activity in the Russian Federation».

4. In accordance with Article 304 of the Civil Code the owner may demand the elimination of all violations of their rights, even though these violations were not connected with deprivation of possession. The requirement to demolish illegally constructed fences, in accordance with Article 304 of the Civil Code, can be transferred to the owner of the land in court.

5. However, there may be a situation in which difficult to find the guilty party. In addition, the trial, and then enforcement proceedings take a long time. In this regard, the most expedient to make the demolition of unauthorized fences administratively.

6. The risk of negative effects of the demolition of unauthorized fences, carried out by employees of state (municipal) authorities, is minimal. If a person unauthorized to erect fencing and thus violates the rights of the land owner, decide to apply to the court for restoration of fences and compensation for harm caused by the demolition, they inevitably get denied such claims. Since, as mentioned above, barriers built without the proper permissions, i.e. They are illegal.

Algorithm fight:

1. To eliminate illegal barriers to write a letter to the prefecture county council intra-municipality (district), PG IP area.

A sample of the letter (for example, the letter head of the district council Arbat - CAO):

"Dear Nelly F.,
Please take note that in the courtyard of the house at first. Sivtsev Vrazhek, 47 k.1 installed illegal fences (poles and circuits). Fences impede the movement of transport, travel ambulances, the Emergencies Ministry, a plot of land illegally erected fences used for other purposes. In addition, the erection of fences violated the provisions of paragraph 3 of Article 25 of the Federal Law "On Architectural Activity in the Russian Federation».

Given the fact that the fence violates the rights of intracity municipal unions Arbat as the owner of the land, I ask you to take action to eliminate illegally installed protections (according to st.340 CC RF).

Applications: Photo illegally installed limiters ».

2. In the letter it is advisable to leave your contact information.

3. After sending letters to the prefecture council and State IP area is necessary to call to the office of each of the agencies and find out the number assigned to your letter. In the future, the number of letters in the office, you can learn about its movement (who painted). Finally, if your information is received to action instructions for the elimination of barriers to be handed over to the local State ICs.

4. It is important to find out in the prefecture of the district or the district council, are you in the district / region of the special commission to prevent illegal parking activities (their contacts: address, phone number, name of the head). If these commissions work in the territory, it is also advisable to send them letters with information about illegal fences in the courts.

5. It should be remembered that the protections of parking in the yards, in most cases can not be established by law. This requires compliance with a number of conditions (land lease, installed a barrier, special machines to pay for parking at vzde-road, etc..). Even if people say that paying someone money, most likely, this is beyond the scope of current legislation.

6. In the event that you are facing serious threats in his address on the part of residents who either illegally established guard or find some place "their" for obvious reasons, they just, you have reason to appeal to the public point of protecting public order (OPOP ) or the district police department. Grounds for appeal - "Art. 2 of the Law of Moscow 10.12.2003g. №77 - traffic management (parking) vehicles at the intradomestic territories is the responsibility of public points of law and order (OPOP) ».

7. If you get answers that do not fit into your designated algorithm, please contact us and together we will develop a new tactic.

On the facts of violations will be compiled OBNARZHENNYH the Related references in various VEDOMTVA. In addition, we sure to appeal to city leaders, urging them to tackle this prolemy.

Reporting and Legal Help Online "Neighbors».

From the category "Humor" - "My parking spot" on Lukomorye.

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