Unjustified demolition of kiosks in Novosibirsk. Clearing a non-stationary business without providing compensation places. Compensation for damages. Litigation.
Novosibirsk's preparations for the 2023 Youth Ice Hockey World Championship aim to clean up non-stationary businesses without providing compensation spots. It is reported by RBC. The sites freed from non-stationary retail facilities are intended for the installation of smart stops.
According to the announced plans, 250 smart stops are planned to be installed in Novosibirsk by the Ministry of Emergency Situations-2023. They will be equipped with free Wi-Fi, emergency call buttons, facial recognition, security cameras and an interactive screen that will use voice to plan routes and display public transport.
At the end of March of this year, the authorities planned to hold a competition to select a contractor for smart stops. However, this did not happen due to lack of applications.
Reports of unjustified demolition of kiosks were found in Novosibirsk, Kemerovo, Irkutsk, Astrakhan, Kurgan and Ryazan regions, as well as in Karelia, the Krasnoyarsk Territory and St. Petersburg.
Representatives of the department reported that after the entry into force of Decree of the Government of the Russian Federation of January 30, 2021 No. 208-r, according to which regional and local authorities should help companies operating in NTOs, the situation in some regions of the country began to change for the better.
After the adoption of the resolution, the situation began to change for the better. Ombudsmen in 44 out of 85 regions said that local governments were involved in resolving the situation. In three regions, prior to the publication of the contract, problems with NTO were not registered. However, the problem remains relevant in 38 regions.
The Association of Small Format Retailers previously reported that as part of the installation of 250 "smart stops" in Novosibirsk, the NTO plans to release the corresponding number of seats. The association announced that kiosk entrepreneurs would not be given space.
During his visit to Novosibirsk, Boris Titov, Commissioner for Human Rights in the Russian Federation, said that he would support local entrepreneurs.
The unreasonable demolition of kiosks in Novosibirsk will be commented on by Kristina Kornoukhova, a lawyer at the Vetrov and Partners law firm.
Unfortunately, if there is already an unreasonable demolition of kiosks, then it will be difficult for the entrepreneur himself to restore the previous position (restore the location). The issue of compensation for damages will be optimal. But given the timing of the consideration of cases, the process of enforcing a judicial act, it may turn out that the protection of the rights of entrepreneurs cannot be called fast, and the results of such consideration will not be the equivalent of doing business in the form when this very demolition was not.
In this situation, it is worth thinking about some preventive measures for the behavior of the entrepreneurs themselves. It will be useful here to advertise what is happening, and the speed of tracking changes to local legislation, and quality control over compliance with the procedure for the changes themselves, and a quick appeal to the court with the possibility of requesting interim measures. It is this proactive approach that increases the chances of success for entrepreneurs.
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