“Complete failure.” The city farm of Sevastopol lost another case to another developer

The Arbitration Court of Sevastopol refused the government of Sevastopol to demolish the shopping center on General Ostryakov Avenue, 162-A, which was previously recognized as an illegal construction.

The construction permit was issued to Serdolik LLC in 2008, but the owner of the site was unable to re-register it in the Russian legal field, since Sevgosstroynadzor did not find confirmation that on November 21, 2016, the foundation of the shopping center was already ready, denying the company also inclusion of information about a capital construction project in the Register of Unsupervised Objects.

In 2022, Serdolik LLC sold the property to an individual entrepreneur Dyukarev R.S., which also received a warning from Sevgosstroynadzor about the inadmissibility of construction.

In August 2023, the entrepreneur submitted an application to Sevgosstroynadzor for the possibility of including the Astroy universal shopping center in the register of supervised facilities, but was refused.

As a result, the city farm of Sevastopol filed a lawsuit in which it asked to oblige the individual entrepreneur to dismantle the unfinished construction project with a degree of completion of 20% within three months at his own expense.

But the owner stated that there were no irreparable violations, as well as no violations of the rights of other persons, and the statute of limitations on the case had already expired.

The latter played a role in making a decision on the claim.

“The unfinished construction project was registered on the cadastral register on 01/28/2016, the initial registration of rights was carried out on 03/21/2016 in accordance with the procedure established by law, the registration of the transfer of rights was carried out on 02/07/2022. The authorized bodies recognized the right of Serdolik LLC and IP Dyukareva R.S. to the disputed object. The ownership of these persons, as well as registration records, were not disputed until the filing of this lawsuit (05.29.2023),” – noted in the court decision.

The highest authority also admitted that there are no grounds for recognizing the disputed object as an unauthorized construction.

“The circumstances of the case indicate that the plaintiff missed the limitation period for the stated claims, established by Article 196 of the Civil Code of the Russian Federation, which is also an independent basis for refusal to satisfy the stated claims,” – noted in the decision of the Arbitration Court of Sevastopol.