The Constitutional Court of the Russian Federation demanded to fix the construction in the power transmission line zone without coordination with the power industry
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The Constitutional Court (CC) of Russia demanded that the government determine the procedure for the construction or reconstruction of electric power facilities in the zones without written consent from the owners of these zones. The decision of the Constitutional Court was issued after a complaint from a resident of the Moscow region, who owns a plot in the security zone of a power line and planned to build a house on it.
“The Government of the Russian Federation needs to amend the current legal regulation as soon as possible, establishing in the regulation on the protected zones of electric power facilities a procedure that excludes the receipt by individuals and legal entities of a preliminary written approval for the construction or reconstruction of buildings and structures in the protected zones of electric grid facilities,” the statement says. resolution CC RF.
The consent of the authorized organization for the construction of buildings in such a protected zone is necessary for the sake of safety and protection of life and health of people, but citizens should not be subjected to excessive burdens, the Constitutional Court of the Russian Federation explained.
Having fixed in the regulations for each zone a specific list of restrictions and prohibitions on economic and other activities, the government guarantees the protection of the rights and legitimate interests of citizens.
“The challenged provision does not contradict the Constitution of the Russian Federation, since, in particular, it is a temporary measure; approval of construction is carried out by the authority; refusal to agree must be clearly motivated and can be challenged in court,” the document says.
The Land Code banned the requirement to approve construction in areas with special conditions of use in 2018. The safety of facilities in such zones, including power grid zones, should be ensured through the specification of restrictions in government regulations, the Constitutional Court of the Russian Federation noted.
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