The TFR intervened in the dismantling of the Winter Cherry. The building of the mall remains evidence in the fire case

The dismantling of the building complex Zimnaya Cherry began on May 15 in the presence of the acting head of the region Sergey Tsivilev. “I order, in fulfillment of the will of the relatives of the dead and the inhabitants of Kuzbass, to proceed with the dismantling of buildings one by one. Take action,” he said. The shopping center complex consists of seven buildings. In addition to the shopping center itself, which consists of four buildings, it includes a sauna building, a boiler house and a transformer substation. The dismantling began with an auxiliary building, where a sauna and a car wash are located, in order to prepare a site for the dismantling of the main emergency building. “The residents of Kuzbass will always associate these buildings with the tragedy. We promise you that by September 1 there will be a public garden,” the acting governor said.

Mr. Tsivilev told reporters that the main owner of the Zimnyaya Vishnya shopping center, OJSC Kemerovo Confectionery Plant, donated all the buildings of the complex to the city, some entrepreneurs who had property there expressed a voluntary desire to transfer it, and that “the issue is being resolved with the rest of the owners” . “The fundamental decision to demolish the building has been made by everyone. Today we are dismantling auxiliary buildings that are not under arrest and have already been transferred to the city, ”explained the acting governor of Kuzbass (the day before, local media reported that Sergei Tsivilev said in his VKontakte group that from the building of the shopping center The investigator removed the arrest. Soon the post was deleted. - "Kommersant".). When asked by journalists whether the main building had been arrested, Mr. Tsivilev repeated that a decision in principle had been made and that "technical issues remained insignificant."

According to the head of Kemerovo, Ilya Seredyuk, on June 8, public hearings will be held on the issue of changing the type of permitted use of the land. “If the territory of the shopping center is recognized as recreational, and we have no doubt that such a decision will be made, then no objects related to commercial use will be able to be located here. If necessary, we are ready to start the forcible seizure of all objects,” Mr. Seredyuk said.

The issue of paying compensation for depriving entrepreneurs of the right of ownership of their property has not been settled.

Dmitry Malinin, a lawyer for Kemerovo businessmen who own the premises of Zimnaya Cherry, told Kommersant about this. “The leaders of the region and the city expressed their intention to demolish the entire main Winter Cherry complex, including three buildings that did not burn. The entrepreneurs informed the leaders of Kemerovo and the KDV group of their readiness to transfer property for compensation, but no agreements have been reached yet,” Mr. Malinin explained. He added that the property can be seized for municipal needs at a commercial price as a full-fledged retail facility. Such a buyout, according to minimal estimates, will cost more than 1 billion rubles. There are owners of premises and an emergency building, as well as tenants who expect to receive compensation for damage from OJSC Kemerovo Confectionery Plant, a civil defendant in the claims of affected citizens and entrepreneurs. “In the event of the demolition of the three surviving buildings, there will be no other liquid property for settlement with the victims, KKK OJSC will not be left, and property losses will never be reimbursed to entrepreneurs,” the lawyer believes.

Dmitry Malinin said that today the main complex of buildings of the Winter Cherry has been recognized as material evidence and transferred to the custody of the Kemerovo administration (Kommersant has a copy of the TFR resolution on this).

“Until there is a decision by the investigator of the TFR to exclude it from the list of material evidence, the building cannot be transferred to the owner so that, for example, it can be demolished,” said Mr. Malinin. According to him, the work on dismantling the complex of auxiliary buildings, which began in the first half of the day, was suspended by the TFR. By that time, the signboard and partially the facing tiles had been removed from the sauna building.

It was not possible to get an operational comment from the Investigative Committee.

In the criminal case on the fire in the Kemerovo shopping center, we recall that today there are eight defendants. These are Nadezhda Suddenok, manager of the Zimnyaya Cherry shopping center, Yulia Bogdanova, general director and technical director of Kemerovo Confectionery Plant OJSC, and Georgy Sobolev, Igor Polozinenko, head and employee of System Integrator LLC, and Alexander Nikitin, Sergey Antyushin, ex- Gosstroynadzor official Tanzilia Komkova and fire chief Sergei Genin. Alexei Krivopalov, lawyer for Nadezhda Suddenok, said that in the case “while everything is at the same level, nothing has changed.” Defender of Yulia Bogdanova Edgar Terabyan noted that he did not receive complaints about the conditions of detention from his client.

Source: Kommersant.ru

Author

Dmitriy Alexandrovich Malinin

Chairman of the Bar Association "Jurproekt"