FSO wanted to get right to withdraw the land – RBC

Photo: Vladimir Smirnov / TASS

FSO He proposed to give itself new powers. Developed a draft presidential decree Service Russia FSO allows seize land. The discussion document will last until 19 August

The Federal Protection Service (FSO) has developed a draft presidential decree Russia, which gives it the right to withdraw land for public needs. The document, which provides for amendments to the position of the Federal Guard Service, was published on the Federal Portal draft regulations.

FSO offers to give her the power to take “a decision on withdrawal of land plots for public use for the construction and reconstruction of objects federal matching purview FSO of Russia “, as well as to” seizure of land for public needs ».

In the explanatory note to the document states that the innovation is aimed at implementing the provisions of the land Code. “Giving the Russian Federal Security Service the power to take decisions on the withdrawal of land plots for public use for the construction and reconstruction of federal aimed at implementing the provisions of the Land Code of the Russian Federation”, – the authors explain the project. They specify that the implementation of the decree “does not require an increase in staff numbers Russian Federal Security Service and the allocation of additional funds from the federal budget».

Activities FSO regulations that was approved by the Presidential Decree of 7 August 2004. It is in this document is proposed to be amended. Currently, the list of office life is made up of 80 points, but none of them is the right to land acquisition. Claim 67 Article 12 only provides for “the right of permanent (perpetual) use of land.” It is proposed to expand the item and enter p.67.1, giving service the right of withdrawal of land.

The list of office of the Director of FSO (Article 16) consists of 51 points. He suggested adding p.13.1 the right to make a decision on withdrawal of land.

According to the partner real estate and construction practice of Goltsblat BLP Vitaly Mozharovsky, this decree does not lead to a fundamental change in the status quo. “Until now, the general procedure was used – taken the decision to withdraw the government for the needs of the Federal Security Service, – he said RBC. – Now, apparently, in order to simplify the bureaucratic procedure, it descends to the level of the FSO that she took the decision »

« In fact, no matter what the decision -. Government or FSO, – thereafter the procedure described in the Land Code: notified those affected withdrawal, the withdrawal decision is sent to the property registry, and then start the negotiation procedure takes up to a year. If the agreement is not signed, then the solution of the issue proceeds in the judicial plane, “- said Mozharovsky.