This is an empty menu. Please make sure your menu has items.
Business Duty Officer

Bomb shelter discord: business and government share protective structures

Bomb shelter discord: business and government share protective structures

The Ministry of Finance has developed a draft resolution of the Government of the Russian Federation, which will help regulate the relationship between business and the authorities on the use of protective structures of civil defense and emergency situations.

Today in economic circulation in the agglomeration, reported “DP” in the interterritorial administration of the Federal Property Management Agency for St. Petersburg and the Leningrad Region (), located 86 protective structures of civil defense and emergency situations. These may be small buildings., which, for example, in wartime they are used as anti-radiation shelters for the population, and large facilities such as bomb shelters. This property has specific: in peacetime it can be used by business, but it must remain the property of the state. And such special facilities in practice can create a lot of headaches for entrepreneurs..
Without balance there is no content
In the Arbitration Court of St. Petersburg and the Leningrad Region, the dispute between MTU and JSC continues “Sredne-Nevsky Shipyard” (SNSZ) About, who should maintain the protective structures of civil defense and emergency situations (ZSGO). The thing is,, that there are three bomb shelters on the territory of the enterprise, but at the same time, these special facilities are not on the balance sheet of the plant. And the state of all three ZSGO, to put it mildly, leaves much to be desired: they need to replace the ventilation systems, power supply and sewerage, ensure the tightness and waterproofing of the premises, repair ceilings, walls, ceilings and floors. In fact, it is necessary to bring shelters into working condition.
Previously, in 2020 year, Kolpinsky district court of St. Petersburg, at the suit of the prosecutor's office, assigned these duties to MTU, since the objects are in state ownership. However, in June of this year, officials tried to transfer duties to the SNSZ through arbitration. “on the proper maintenance of protective structures of civil defense”. Officials motivated their demands by, that spending on repairing shelters would be a waste of funds, indicated in the arbitration case.
The plant did not respond to a request. “DP”, but in court he objected to the imposition of such a burden on him. In particular, the company referred to, that bomb shelters are not his property. More than that, no agreements with MTU on their content were concluded.
And such an opportunity to resolve the disputed issue is provided by the regulation approved by the government on the procedure for the use of civil defense facilities and property by privatized enterprises., institutions and organizations” (resolution no. 359, 23 April 1994 y). It regulates relations only between the authorities and companies., on the territory of which the WSS were located.
In September, the Arbitration Court of St. Petersburg and the Leningrad Region concluded, that the demands of officials are not justified. However, the controversy didn't end there.: MTU filed an appeal, which was recently accepted for proceedings by the 13th Arbitration Court of Appeal.

check, and then buy
This is not the only dispute between business and authorities over protective structures., follows from the database data “e-justice”. It happens, what business learns about the special status of leased or purchased real estate after the fact.
For example, in June, the Property Relations Committee of St. Petersburg refused to buy out a one-story non-residential building for IP Pavel Belkin (61,5 m2) on Tambovskaya street. Entrepreneur with 2019 rented this property for a year and used it as a jewelry workshop. By law, in such a situation, he had a pre-emptive right to buy this property, which he tried to realize, to zero, but, , Alas, unsuccessfully.
As it turned out after the merchant applied for the purchase of the building, it belongs to the ZSGO as an anti-radiation shelter and, respectively, cannot be redeemed.
In another case, IP Ryashidya Antonovich filed a lawsuit in an arbitration court against the MTU to recognize her ownership of an unfinished construction project in Krasnoye Selo. In 2006 year, an entrepreneur purchased a plot of land there (2,3 thousands. m2) together with the unfinished building located on it. She partially completed it and used it as a warehouse.
However, she could not get the rights to this warehouse.. It turned out, that the property belongs to the ZSGO, the construction of which was planned already in the 1980s, but in the end it was never completed.
The Arbitration Court of St. Petersburg and the Leningrad Region sided with the officials: according to the law, a business cannot buy out such a special facility.
Ministry to the rescue
MTU told “DP” about the initiative of the Ministry of Finance, which can help solve these problems. The Ministry has developed a document, regulating the turnover of ZSGO. This is a draft government decree “On approval of the regulation on the procedure for providing in peacetime for gratuitous use, rent of protective structures of civil defense, related to the property of the state treasury of the Russian Federation”. Now it is posted on the federal portal of draft legal regulations for discussion..
The motives behind this regulation are, that at present the procedure for renting and gratuitous use of protective structures has not actually been regulated, indicated in the explanatory note to the project.
Besides, the authors pay attention, that one of the main regulatory documents regulating this sphere (Decree of the Government of the Russian Federation No. 359) already accepted 28 years ago and regulates only certain aspects of the civil circulation of these special objects.
“Decree No. 359 does not meet modern requirements and in most cases does not work”, - indicated in the explanatory note.
In addition, a considerable number of protective structures today are in poor condition.. The idea of ​​the Ministry of Finance will allow not only to restore at least part of this fund at the expense of users, but also save federal funds, that are spent on its maintenance, and, Maybe, will even allow the state to make money on the rental of these special facilities.
Logically, the delimitation of rights and obligations between the authorities and business should help domestic merchants. However, it is too early to talk about the practical benefits for entrepreneurs of this initiative of the Ministry of Finance.: it's just a project, and no more.

The contractual principles of regulation are completely unsuitable for the maintenance of protective structures of civil defense and emergency situations. Yes, and the contracts of this kind are absolutely formal., but at the same time, the company cannot refuse to conclude them. In fact, such contracts impose on the business the performance of a public function to maintain the object in proper condition.. If such an obligation should be provided for enterprises, then only at the level of federal legislation. At the same time, the rights and obligations of the parties must be clearly stated in the law., but not to the detriment of business.

Elena Krestyantseva
Head of Land Law Practice, real estate and construction law firm “Pepelyaev Group” in St. Petersburg

Protective structures of civil defense and emergency situations can not always be reliably identified according to the USRN. When preparing for a deal, it is recommended to conduct a thorough inspection of the acquired object by technical specialists for the presence of a bomb shelter. In case of questions regarding the status of the bomb shelter (is it an active protective structure) it is recommended to contact the Ministry of Emergency Situations, and also in case the object loses its protective properties - remove it from the register.

Arina Dovzhenko
partner, practice leader “Real estate and construction” law office Nordic Star

An analysis of court cases on the maintenance and overhaul of protective structures of civil defense and emergency situations allows us to conclude, that the issue has not been adequately resolved, leaving room for legal uncertainty. And that creates litigation.. Significantly, that when considering disputes, the courts more often took the side of enterprises, if there was no violation of the law on their part, all regulations were followed, while suppressing the abuses of officials such as the Federal Property Management Agency, and prosecutors.

Ekaterina Avdeeva
Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts “Business Russia”, ambassador “business officer”.

Leave a Reply

Your email address will not be published. Required fields are marked *

Other news

Share this info. Choose a social media!

pro bono consultation