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Anti-corruption expertise of Pulkovo Observatory protective zone control

An independent anti-corruption expertise of the draft amendments to the Land Use and Development Rules (LUDR) of St. Petersburg regarding the regulation of the protective park zone of the Central Astronomical Observatory of the Russian Academy of Sciences at Pulkovo (Pulkovo Observatory) was performed by Kachkin & Partners lawyers. Based on the results of the study, the experts identified a number of significant violations and prepared a list of recommendations for their elimination.

In particular, there are normative conflicts, excessive freedom of subordinate rule-making, absence or incompleteness of administrative procedures and other corruption-related factors, detailed in the framework of the expertise.

As all the documents proposed as a basis for the existence of the protective park zone are of no legal force and regulatory character and are not applied in the Russian Federation since 1991, to change the current regulation Kachkin & Partners lawyers recommend, first of all, to determine the necessity of town planning restrictions within a radius of the Pulkovo Observatory territory. In case the need of additional security is identified, the request to include the approvals in the List of exhaustive procedures in the sphere of housing construction and construction of non-residential capital construction objects should be made to the Government of the Russian Federation. After this a legislative act that establishes the legal basis for specifying corresponding restrictions in St. Petersburg LUDR should be adopted. In addition, it is necessary to exclude any bodies of the Pulkovo Observatory from the town planning regulation as an organization that coordinates construction in the protective park zone, having assigned these powers to the competent state body.

Dmitry Nekrestyanov

PhD in Law
Partner
Head of Real Estate and Investments Practice, attorney

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Dmitry Nekrestyanov

PhD in Law
Partner
Head of Real Estate and Investments Practice, attorney

Download VCARD

Projects