Improving Legislation in the Field of Construction Amnesty

The Supreme Council of the Pridnestrovian Moldavian Republic supported in the first reading the legislative initiative of the PMR Prosecutor, which regulates the commissioning of construction amnesty projects built with violations. It was proposed to make additions to the law “On some additional government measures aimed at minimizing the negative impact of external economic factors”.

The new provisions of the law proposed by the Prosecutor are based on citizens’ appeals received by the prosecutor’s office, as well as on court decisions that have already entered into force. The current legislation stipulates that in cases where the construction of an object is carried out in violation of the development parameters, a construction amnesty can only be applied if a notarized application from adjacent land users is provided. If the commissioning of such an object affects the rights and legitimate interests of other persons (adjacent land users). It is often impossible to obtain such a notarial statement due to existing hostile relations between neighbors, or if users are unavailable due to absence from the republic. The next is an appeal to the state supervision service and to the court for the demolition of the unauthorized building. According to the official representative of the PMR Prosecutor's Office, the court often does not satisfy claims for the demolition of unauthorized buildings in practice, since there are no facts of violation of the rights and legitimate interests of adjacent land users.

The legislative initiative is designed to provide citizens with the opportunity to commission a construction amnesty facility either on the basis of the consent of adjacent land users, or on the basis of a court decision that has entered into force, which established the fact that there have been no violations of the rights and legally protected interests of other persons, or a threat to life and health of citizens from the construction amnesty site.

Deputies of the Supreme Council asked clarifying questions. The PMR Prosecutor's law-in-draft on introducing amendments to the law “On some additional state measures aimed at minimizing the negative impact of external economic factors” was adopted by the Supreme Council in the first reading. The Committee on AIC Issues will continue to work on improving the provisions of this law in the second reading.