The Supreme Council
of the Pridnestrovian Moldavian Republic

Official Website

How to deal with negligent developers?

Комитет по законодательству, правоохранительным органам, обороне, безопасности, миротворческой деятельности, защите прав и свобод граждан

25.09.2018

The Supreme Council received the Government law-in-draft on introducing amendments to the Code of Administrative Offenses for consideration. The document deals with bringing to the administrative responsibility of persons who illegally carried out the construction, reconstruction of buildings and structures for production and non-production purposes, including residential buildings, their parts, including extensions, superstructures, farm buildings, and individual construction projects. According to the Code of Administrative Offenses, the decision on the case of an administrative offense cannot be made after two months from the date of the commission of an administrative offense, and in a case being examined in a judicial procedure - after four months. Thus, it is possible to identify violators only for several months after the completion of illegal construction was revealed. In this regard, the executive authority proposes to establish a rule according to which the limitation period for bringing to administrative responsibility will be calculated from the date of detection of these administrative violations, that is, at the time of inspection by the state inspection service.

The discussion was attended by representatives of the prosecutor's office, state supervision, the Supreme Court. It was noted within the framework of the meeting that the problem of illegal buildings and re-planning in the republic is acute. The state supervision in the prosecutor's office service receives numerous complaints from citizens who are dissatisfied with the buildings erected in the neighborhood.

Illegal structures often infringe upon the rights of citizens due to the fact that, for example, the illumination of premises in nearby buildings is reduced, fire regulations are violated. Local state administrations do not cease to consider the protocols for the redevelopment of apartments, most often in panel houses, where redevelopment is generally prohibited. These kinds of offenses pose a threat to the life and health of citizens.

Participants in the meeting of the working group cited the Russian example of "struggle" with offenders. The state has the right to demolish an illegal structure in Russia. Demolition of illegal buildings must be carried out at the expense of the developer himself in the Pridnestrovian legislation.

How to bring to account the negligent developers and what should be the basis for the administrative order? The Legislative Committee will continue to work together with the government, prosecutors, and the state supervision service to find answers to these questions.

The Supreme Council received the Government law-in-draft on introducing amendments to the Code of Administrative Offenses for consideration. The document deals with bringing to the administrative responsibility of persons who illegally carried out the construction, reconstruction of buildings and structures for production and non-production purposes, including residential buildings, their parts, including extensions, superstructures, farm buildings, and individual construction projects. According to the Code of Administrative Offenses, the decision on the case of an administrative offense cannot be made after two months from the date of the commission of an administrative offense, and in a case being examined in a judicial procedure - after four months. Thus, it is possible to identify violators only for several months after the completion of illegal construction was revealed. In this regard, the executive authority proposes to establish a rule according to which the limitation period for bringing to administrative responsibility will be calculated from the date of detection of these administrative violations, that is, at the time of inspection by the state inspection service.

The discussion was attended by representatives of the prosecutor's office, state supervision, the Supreme Court. It was noted within the framework of the meeting that the problem of illegal buildings and re-planning in the republic is acute. The state supervision in the prosecutor's office service receives numerous complaints from citizens who are dissatisfied with the buildings erected in the neighborhood.

Illegal structures often infringe upon the rights of citizens due to the fact that, for example, the illumination of premises in nearby buildings is reduced, fire regulations are violated. Local state administrations do not cease to consider the protocols for the redevelopment of apartments, most often in panel houses, where redevelopment is generally prohibited. These kinds of offenses pose a threat to the life and health of citizens.

Participants in the meeting of the working group cited the Russian example of "struggle" with offenders. The state has the right to demolish an illegal structure in Russia. Demolition of illegal buildings must be carried out at the expense of the developer himself in the Pridnestrovian legislation.

How to bring to account the negligent developers and what should be the basis for the administrative order? The Legislative Committee will continue to work together with the government, prosecutors, and the state supervision service to find answers to these questions.