Kachkin & Partners’ lawyers have successfully contested the flagrant violation of the procedure for establishing the boundaries of the place of interest in the Supreme Court of the Russian Federation
The principal of Kachkin & Partners has been developing a sand pit since 1974. In 2018 in connection with the order approved by the Committee on Culture of the Leningrad Region, approving the boundaries of the place of interest, the sand pit area did not just fall within the boundaries of the place of interest, but a use mode was established against it, prohibiting mining operations, that is causing a complete loss of business for the company.
The only way to solve the problem of the principal was challenging this regulation. The team of Real Estate and Investments Practice of the company, led by Partner Dmitry Nekrestyanov, first at the Leningrad Regional Court and then at the Supreme Court of the Russian Federation proved the circumstances of the most flagrant violation of the procedure for establishing the boundaries of a place of interest: the boundaries were established not according to the results of the historical-cultural expertise required by law, but according to the results of the report made by non-certified persons. Such actions of the Committee entailed an unexpected and unreasonable increase in the initial area of the place of interest by almost 40% (about 200 hectares), which fully included the sections of the principal’s sand pit.
“This victory will allow the enterprise to continue its activities, which have been carried out continuously for 45 years and were under threat due to a total ban on work”, Dmitry Nekrestyanov notes.
- Cancellation through legal proceedings of St. Petersburg law regarding the establishment of unreasonable requirements for the town-planning solution plans issue
- Legal protection of St. Petersburg Government resolution on the approval of the site design and boundary-setting plan from challenging
- Recognition as inoperative of the order of the Leningrad Region Culture Committee on the approval of the place of interest’ boundaries
- Challenging the validity of Nevsky Prospect Regulations, approved by the Committee for Urban Planning of St. Petersburg
- Recognition as inoperative of certain St. Petersburg provisions of the law «On public green areas»