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Business Duty Officer

Supreme Court upholds entrepreneurialism in dachas

Supreme Court upholds entrepreneurialism in dachas

In response to a lawsuit against an individual entrepreneur, a judge of the Supreme Court of the Russian Federation made a decision in her favor.

Not prohibited, that is allowed
The Supreme Court of the Russian Federation invalidated the decision, limiting the owner of a private country house to conduct individual entrepreneurial activities in it. According to TASS, the court issued a decision in one of the cases, in which he expressed his position. The neighbor filed a lawsuit against the defendant, who demanded to stop the work of a children's leisure center in a private house.

The lower courts upheld the claim, However, the Supreme Court sent the case back for retrial.. As a result of a new review, a decision was made.

“The defendant legally had the right to use her country house for individual entrepreneurial activities, without violating the rights and legitimate interests of other citizens, as well as requirements, which the living quarters must meet ", - says the verdict of the court.

“The law does not provide for the need to coordinate with neighbors the implementation of individual entrepreneurial activities in residential premises”, The Supreme Court explained its position. However, the judges reminded, that in private houses it is forbidden to arrange warehouses, industrial production and conduct such commercial activities, which requires a special cadastral status of the premises.

The plaintiffs are resting. But it's ambiguous
The owner has the right, at his own discretion, to take any actions in relation to the property belonging to him., not contradicting legal acts and not violating the rights of other persons (Ch. 2 Art. 209 Civil Code of the Russian Federation) - leads the article of the law candidate of legal sciences, expert of the public movement "Information for All" Stanislav Petrovsky.

But, lawyer warns, should be considered, that this is a decision on a specific requirement to ban the activities of an individual entrepreneur in a garden house. It doesn't mean, that such activities cannot be restricted so, not to violate the rights of neighbors.

plaintiffs, says Stanislav Petrovsky, may still file another claim., where will they prove, that the noise from the leisure center violates their right to rest in the garden. And such is the purpose of garden land, How was your holiday, expressly provided for by Art.. 3 Federal law dated 29.07.2017 N 217-ФЗ (order. from 14.07.2022) "On the conduct by citizens of gardening and horticulture for their own needs and on the introduction of amendments to certain legislative acts of the Russian Federation".

I, the lawyer believes, if the neighbors manage to prove a violation of the rights, the court may decide, limiting the noise at a certain time, applying by analogy the so-called silence law (cm. for example, Law of the Moscow Region dated 07.03.2014 No. 16/2014-OZ "On ensuring the peace and quiet of citizens on the territory of the Moscow Region").

The position of the Armed Forces of the Russian Federation can become a driver for startups

According to the head of the expert center for criminal law policy and the execution of judicial acts of "Business Russia" and the ambassador of the project “Business Duty Officer” Ekaterina Avdeeva, business is afraid of the residential sector due to conflicting regulations and the difficulties of transferring premises to the status of non-residential for commercial activities, requiring a special cadastral status.

The decision of the Supreme Court to allow the owners of private houses to conduct business in them seems fair to the expert. Since an individual entrepreneur is not a legal entity and his property is not legally delimited (p. 1 Art. 23, Art. 24, p. 1 Art. 861 Civil Code of the Russian Federation), explains Avdeeva, he can dispose of personal resources at his own discretion, without violating the rights of others. At the same time, in the future, he will bear responsibility as an individual..

It is important to emphasize, says the expert, that business activity must be duly registered and carried out in the premises owned by the person, without violating the rights of others. On subsequent scaling, increasing volumes, the entrepreneur will need a transition to a new status and the corresponding “commercial” premises.

Position of the Supreme Court, who stood up for small and micro businesses, can become a driver for the development of startups and aspiring entrepreneurs, adds Ekaterina Avdeeva. Today, in the context of sanctions pressure and SVO, it is important, so that everyone can use their economic potential for the benefit of the state.

 

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