Projects
Legal support of a development company in the framework of challenging the law of St. Petersburg on planted land
Kachkin & Partners lawyers successfully challenged the law of St. Petersburg, in which in early 2018 the site that had been privately owned by the company’s principal was wrongly attributed to planted land of common use (PLCU).
Given that the legislature directly stated that such an inclusion in the list of PLCU was made purposefully to prevent the possibility of development of this site by the owner, the issuance of this decision prevented the emergence of multi-million losses of the principal in connection with the inability to develop the site belonging to him.
The basis for St. Petersburg law repeal was its contradiction to several laws of St. Petersburg, and most importantly — a federal law violation, since the PLCU assumed the obligation to provide access for an unlimited number of persons to the site, that, in essence, was a public encumbrance that was introduced to the plot in violation of mandatory procedures.
Despite the fact that the struggle within the dispute will continue in the Supreme Court of the Russian Federation, the level of violations committed by the legislator allows to state that this decision’s entry into force is only a matter of time.
