Art. 222 of the Criminal Code of the Russian Federation: “Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition.” Art. 222 of the Civil Code of the Russian Federation: “Unauthorized construction”

1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for him) - punishable by restriction of liberty for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months or without it.

2. The same acts committed by a group of persons by prior conspiracy are punishable by imprisonment for a term of two to six years with or without a fine in the amount of up to one hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months.

3. Acts provided for in parts one or two of this article, committed by an organized group, are punishable by imprisonment for a term of five to eight years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for the period from one year to eighteen months or without it.

4. Illegal sale of civilian smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years with a fine of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it.

Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article. Their seizure during the detention of a person, as well as during investigative actions to detect and seize them, cannot be recognized as voluntary surrender of the items specified in this article, as well as in Articles 222.1, 223 and 223.1 of this Code.

Nuances of the norm

It should be noted that in Part 1 of Art. 222 of the Criminal Code of the Russian Federation contains a clause according to which the punishment established therein does not apply to persons who have committed illegal actions with long-barreled smooth-bore civilian firearms, as well as limited destruction, with their parts and cartridges. Responsibility for these acts is enshrined in part 4 of the norm.

Another nuance is related to the size of the punishment. Neither in part 1 of Art. 222 of the Criminal Code of the Russian Federation, nor in other parts of the article does not provide for a fine as a minimum sanction for crimes.

Ownership of unauthorized construction

If a structure has signs of an unauthorized building, this does not mean that it will necessarily be demolished. Ownership rights may be recognized by a court or otherwise (but only in cases where this does not contradict federal law). The owner will be recognized as a person who has legal grounds for the use and disposal of the land plot on which the disputed object has already been built. These persons include:

those who have the legal right to the site, as well as permits for construction work for a specific purpose;
who applies to the court for the legalization of property rights, and the construction on the day of the application complies with the established requirements of urban planning legislation and building standards;
those who erected a structure that does not interfere with other persons, does not violate their rights and interests, and does not threaten the life and health of third parties.

Note! In order for the court to recognize the property right as legal and issue a judicial act in favor of the plaintiff, these conditions must be fulfilled together and simultaneously. If one is violated, permission to register the right will not be issued. This is stated in Part 3 of Art. 222 of the Civil Code of the Russian Federation.

If these conditions are violated, the building will be demolished by decision of a judicial authority or other authorized body. If the failed owner believes that the refusal was issued illegally, he has the right to appeal the court decision through a higher court.

If ownership is recognized not by the person who was engaged in construction, but by the owner of the land plot, then the latter will have to reimburse the builder for expenses. Their exact amount will be determined by the court during the hearing.

Subject of the act

Firearms, the illegal trafficking of which is prosecuted under Art. 222 of the Criminal Code of the Russian Federation, any weapon is considered, including those made by hand, if it is structurally designed to hit targets moving, including at a distance, with equipment set in motion by the energy of a charge (powder, etc.).

The subject of the crime, respectively, are carbines, revolvers, rifles, shotguns (sporting, hunting), machine guns, machine guns, pistols, aircraft guns, mortars, artillery pieces, grenade launchers, etc.

The main parts of the weapon are:

gate;
trunk;
frame;
mechanisms (locking, trigger);
drum;
barrel frame.

To the subject of the crime under Art. 222 of the Criminal Code also includes ammunition - projectile equipment, other weapons of imported or domestic production, which are used to hit targets and contain an expelling, throwing or explosive projectile or a combination thereof.

Judicial practice under Art. 222 of the Criminal Code of the Russian Federation

Criminal Code of the Russian Federation

Article 222. Illegal acquisition, transfer, sale, storage, transportation, forwarding or carrying of weapons, main parts of firearms, ammunition (as amended by Federal Law No. 281-FZ of July 1, 2021)
1. Illegal acquisition, transfer, storage, transportation , shipping or carrying firearms, their main parts and ammunition (with the exception of large-caliber firearms, their main parts and ammunition, civilian firearms smooth-bore long-barreled weapons, their main parts and ammunition, limited-kill firearms, their main parts and cartridges for it) -

shall be punishable by restriction of liberty for a term of up to three years, or by forced labor for a term of up to four years, or by arrest for a term of up to six months, or by imprisonment for a term of three to five years with a fine in the amount of up to eighty thousand rubles or in the amount of wages, or other income of the convicted person for a period of up to three months or without it.

2. Illegal sale of firearms, their main parts, ammunition (with the exception of large-caliber firearms, their main parts and ammunition, civilian smooth-bore long-barreled weapons, their main parts and ammunition, limited-kill firearms, their main parts and cartridges for it) -

shall be punishable by imprisonment for a term of five to eight years with or without a fine in the amount of up to one hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months.

3. The acts provided for in part one of this article, committed:

a) by a group of persons by prior conspiracy;

b) by a person using his official position;

c) using information and telecommunication networks, including the Internet, -

shall be punishable by imprisonment for a term of six to ten years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of six months to one year, or without it.

4. Acts provided for in the first part of this article, committed by an organized group, -

shall be punishable by imprisonment for a term of eight to twelve years with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one year to eighteen months, or without it.

5. The act provided for in part two of this article, committed:

a) by a group of persons by prior conspiracy;

b) by a person using his official position;

c) using information and telecommunication networks, including the Internet, -

6. An act provided for in part two of this article, committed by an organized group, -

shall be punishable by imprisonment for a term of ten to fifteen years with a fine in the amount of five hundred thousand to eight hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to three years, or without it.

7. Illegal sale of civilian smooth-bore long-barreled firearms, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for them, gas weapons (with the exception of mechanical sprayers, aerosol and other devices filled with tear or irritant substances) , pneumatic weapons with muzzle energy over 7.5 J, bladed weapons or throwing weapons -

shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to four years with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months.

Notes. 1. A person who voluntarily surrendered the items specified in this article is exempt from criminal liability under this article. Their seizure during the detention of a person, as well as during operational search activities or investigative actions for their detection and seizure cannot be recognized as voluntary surrender of the items specified in this article, as well as in Articles 222.1, 222.2, 223 and 223.1 of this Code.

2. For the purposes of this article and other articles of this Code, a firearm is understood to be a weapon designed to mechanically destroy a target at a distance with thrown equipment receiving directed movement due to the energy of a powder or other charge.

3. For the purposes of this article and other articles of this Code, ammunition should be understood as weapons, cartridges and projectile equipment intended to hit a target, containing explosive, propelling, pyrotechnic or expelling charges or a combination thereof, regardless of caliber, manufactured industrially or homemade.

Exceptions

They are not the subject of a crime under Art. 222 CC:

starting, pneumatic, construction and installation, signal revolvers and pistols;
Airguns;
items certified as products for industrial/household needs;
electroshock devices;
sports equipment similar in design to a weapon, but not related to it.

Important point

Analyzing Art. 222 of the Criminal Code with comments from the Supreme Court, it should be noted that liability under the article comes for violation of the rules of circulation not only of usable items. Punishment is also imposed for the illegal trafficking of faulty weapons, including training weapons, if they contained usable components, or the citizen had the intention of putting them into combat readiness and took some actions to achieve this goal.

Illegal actions with sawn-off hunting rifles also form part of the offense provided for in Art. 222.

Who can be convicted under this article?

A person or persons who, without the knowledge of the owner of the land plot, began to carry out construction work on the construction of a structure can be held liable under this article. Of course, most likely, these will be hired personnel who did not know that nothing could be built on this particular site.

Therefore, the responsible and authorized bodies must find the customer for the work. But only a court can recognize a building as unauthorized and issue a court order that it needs to be demolished.

Part 4

It establishes liability for the illegal sale of gas, cold steel (including propellant), long-barreled smooth-bore civilian weapons, as well as weapons of limited destruction. Punishment is imposed for illegal actions with items made in both factory and artisanal ways.

The following items are considered melee weapons:

Used to destroy targets using muscular force with direct contact with the targets. These include bladed weapons (knives, daggers, sabers, swords, etc.), other chopping, cutting, piercing, mixed (battle axes, etc.) or impact-crushing weapons (nunchucks, brass knuckles, etc.).
Used to hit various targets (including moving ones) at a distance with the help of projectiles that receive directed movement using muscular force or a special mechanical device. The first includes darts, axes/throwing knives, etc., the second includes a crossbow, bow, etc.

Commentary on Article 222 of the Criminal Code of the Russian Federation

1. The subject of the crime is firearms, their main parts, ammunition, explosives and explosive devices. It does not include pneumatic weapons, signal, starting, construction and installation pistols and revolvers.

A firearm is a weapon designed to mechanically destroy a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge.

The main parts of a firearm: barrel, bolt, drum, frame, receiver.

Ammunition - weapons and projectile equipment intended to hit a target and containing an explosive, propelling or expelling charge or a combination thereof.

2. On the concept of explosives, see the commentary to Art. 218 CC. Explosive devices are industrial or home-made products that functionally combine an explosive substance and a device for initiating an explosion (fuse, fuse, detonator, etc.).

3. A faulty or training firearm can only be recognized as the subject of a crime when the perpetrator had the intention and real opportunity to bring it into a condition suitable for shooting or it contained components suitable for use.

4. The acquisition of items specified in the law means receiving them into permanent or temporary possession by any means.

Transfer means their temporary assignment to other persons who do not own them.

Sales should be understood as their irrevocable (as opposed to illegal transfer) alienation into the ownership of other persons as a result of any illegal transaction (paid or gratuitous).

Storage means actual possession of them, regardless of the specific location (in a home, outbuildings, special hiding place, etc.); transportation - actions to move these items, regardless of the method of transportation, but not directly in front of the accused.

Carrying occurs in cases where the perpetrator secretly or openly keeps them with him, i.e. in clothes, bag, briefcase, etc.

5. Listed in Part 1 of Art. 222 actions are considered illegal if they are committed in violation of the rules for the circulation of weapons, ammunition, explosives, explosive devices established in regulations.

6. The crime is completed from the moment of commission of any of the actions specified in the law.

7. The subjective side of the crime is characterized by direct intent.

8. The subject of the crime is a sane person who has reached the age of 16 years.

9. In accordance with Part 4 of Art. 222 criminalizes the illegal sale of civilian firearms, smooth-bore long-barreled weapons, firearms of limited destruction, gas weapons, edged weapons, including throwing weapons.

Firearms of limited destruction are short-barreled and barrelless weapons intended for mechanical destruction of a living target at a distance by the throwing equipment of a traumatic cartridge, receiving directed movement due to the energy of a powder or other charge, and not intended to cause death to a person.

Gas means a weapon designed to temporarily destroy a target, which can be a person or animal, by using toxic substances that have a tear-producing, irritating or other effect. To purchase and store it, you must obtain a license.

Mechanical sprayers, aerosols and other devices filled with tear and irritant substances are also classified as gas weapons, but can be purchased freely. In Russia, the circulation of any gas weapons equipped with nerve agents, poisonous or other substances that can cause harm to health is prohibited.

10. Melee weapons are:

- objects intended to defeat a target using human muscular power in direct contact with the target, which include bladed weapons, other weapons of cutting, piercing, chopping or mixed action, as well as weapons of impact-crushing action (brass knuckles, nunchucks, flails, etc.);

- objects intended to hit a target at a distance with a projectile that receives directed movement using human muscular power (throwing knives and axes, darts, etc.) or a mechanical device (bows, crossbows, etc.).

11. The note to the commented article provides for a special type of exemption from criminal liability.

Gas weapon

It is used to temporarily destroy targets. The object can be an animal or a person.

Gas weapons contain charges with toxic substances that have an irritating, tear-producing or other effect. This includes aerosols, pistols, mechanical sprayers, etc.

The subject of the crime under Part 4 of Art. 222 can be a weapon equipped with poisonous, nerve-paralytic or other substances that can cause harm to the health of the victim of an attack, prohibited for circulation by the Law “On Weapons”.

Objective aspect

It can be expressed in various actions provided for in Article 222 of the Criminal Code. However, in Part 4 responsibility is established exclusively for sales.

The commission by a person of any action specified in the disposition of the norm is a complete crime under Part 1. In this regard, a citizen who illegally acquired, stored, transported, and then tried to sell weapons is charged under Part 1 of Article 222. His actions are not additionally qualified under Part 3 30 of the Code.

Characteristics of illegal actions

The acquisition of weapons, the circulation of which is prohibited, is the purchase, receipt as a gift or as a debt, in exchange for a thing (goods), appropriation of what was found, and so on. Part 1 of Article 222 also qualifies actions involving temporary misappropriation of weapons for criminal or other purposes, if the person’s behavior does not show signs of theft.

The transfer of a weapon is the provision of it by the person in whose possession it is located to strangers for temporary use (including for criminal purposes) or for storage.

Sale is considered to be the irrevocable alienation of an item into the ownership of another person as a result of an illegal transaction. If, during the commission of a crime, the owner of a weapon transferred it to another subject (accomplice) for a time for use for criminal purposes, the act is considered as a transfer, not a sale. Providing an item to another citizen for storage is assessed in a similar way.

If a person throws away a weapon during police pursuit, this action does not qualify as sale.

Who makes the decision to demolish an unauthorized building?

In clause 3.1, part 3, art. 222 of the Civil Code of the Russian Federation states that a decision on the demolition of an unauthorized object can be made by a court or an authorized body represented by a local government body. Local authorities may take one of the following decisions:

demolish the squatter building. This is relevant if it was built on a land plot for which there are no title documents and its relevance has not been confirmed on the date when construction began;
demolish the property if it is built on a plot of land, the category of which does not provide for the construction of real estate on it. Alternatively, the decision may be that the building needs to be brought into the appropriate category of land;
remodel the property and put it in order in accordance with established standards. Such a decision can be made if the building is located within a special urban planning zone, but was built without obtaining permits, and this had to be done before construction began.

Actions to destroy the object must be carried out within the established time frame. They are determined by an authorized commission, which makes a decision on demolition. The deadlines are set depending on the characteristics of the building, the building materials used and other nuances. But the period of work cannot be less than 3 months, but not more than 1 year.

The deadline for bringing the facility into compliance is also set by a special commission. It cannot be less than six months from the date of the decision, but no more than 3 years.

Note! In paragraph 4 of Art. 222 of the Civil Code of the Russian Federation states that local authorities cannot make decisions regarding the “fate” of unauthorized buildings if they are not located on municipal or state lands. The exception is for structures erected on private land, but with a threat to the life and health of third parties.

No local authority can issue an act on demolition or putting an object in order if the property right has already been registered in the prescribed manner in Rosreestr or recognized by the court.

Art. 222 Civil Code of the Russian Federation

In 2015, widespread demolition of unauthorized buildings caused widespread public outcry. Such actions are considered as a private law sanction for violation of administrative regulations and legislation.

In the first paragraph of Art. 222 of the Civil Code establishes the main characteristics of unauthorized buildings. According to the norm, such buildings are recognized as objects erected:

On a site that was not provided to a person according to the rules established by law.
Within the boundaries of a plot with permitted use that does not involve construction on it.
Without obtaining permits or in violation of SNiP and urban planning regulations.

In the second paragraph of Art. 222 provides for the consequences of constructing an unauthorized building. The person who created such an object does not acquire ownership rights to it.

It should be said that in order to apply the provisions of Art. 222 the presence of at least one of the three signs is sufficient.

Article 222 of the Civil Code of the Russian Federation. Unauthorized construction (current edition)

The right to demand the demolition of an unauthorized building, along with the owner, the subject of other proprietary rights to the land plot, the legal owner of the land plot on which the unauthorized building is erected, also belongs to other persons whose rights and legally protected interests are violated by the preservation of the unauthorized building. Other persons whose rights and legitimate interests are violated by the preservation of the building, as well as citizens whose life and health are threatened by its preservation also have the right to apply to the court to demand the demolition of an unauthorized building.

According to the meaning of paragraph. 2, paragraph 2, the defendant in a claim for the demolition of an unauthorized building is the person who carried out the unauthorized construction. When creating an unauthorized structure with the involvement of contractors, the defendant is the customer as the person on whose instructions the unauthorized construction was carried out. If an unauthorized structure is in the possession of a person who did not carry out the unauthorized construction, the defendant in the claim for the demolition of the unauthorized structure is the person who would have become the owner if the structure had not been unauthorized. For example, in the case of alienation of an unauthorized building - its acquirer; when making an unauthorized construction as a contribution to the authorized capital - the legal entity that received such property; in the event of the death of an individual or reorganization of a legal entity - the person who received the property into possession. If the defendant, against whom the decision to demolish the unauthorized building was made, did not carry out its construction, he has the right to file a claim for damages against the person who carried out the unauthorized construction (clause 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights”).

The presence of registration in the established manner of ownership of an object that has signs of unauthorized construction does not exclude the filing of a demand for its demolition.

The limitation period does not apply to the requirement to demolish a building created on the plaintiff’s land plot without his consent, if the plaintiff owns this land plot. By virtue of Articles 304, 305 of the Civil Code of the Russian Federation, the owner or other person who owns property on the basis provided by law or contract may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession. The limitation period does not apply to such a claim (Article 208 of the Civil Code of the Russian Federation).

The requirement to demolish an unauthorized building that poses a threat to the life and health of citizens is not subject to the statute of limitations.

5. Clause 3 contains the grounds that allow the court to recognize the ownership right of the owner of the site to an unauthorized construction. Ownership may be recognized if the following conditions are met:

— the presence of a desire (will) of a person to preserve the building on his site;

— absence of violation of the intended purpose of the land plot;

— compliance of the structure with urban planning and building codes and regulations.

The presence of all the above conditions gives the court the right, but does not oblige, to make a decision on recognition of property rights. When considering a case, the court establishes the nature of the violations committed and determines whether there is a threat to the life and health of citizens. In the absence of the necessary conclusions from the competent authorities or if there is doubt about their reliability, the court has the right to order an examination.

The absence of a building permit in itself cannot serve as a basis for refusing a claim for recognition of ownership of an unauthorized construction. A significant circumstance in this case is the establishment of the fact that the person who created the unauthorized construction applied to the authorized bodies in order to legalize it, in particular to obtain a construction permit and/or an act of putting the facility into operation, as well as whether the authorized body lawfully refused to issue such a permit or the act of putting the facility into operation.

A claim for recognition of ownership of an unauthorized construction is subject to satisfaction when the court determines that the only signs of an unauthorized construction are the absence of a construction permit and/or the absence of an act of putting the facility into operation, to obtain which the person who created the unauthorized construction took measures. In this case, the court must also establish whether the preservation of the unauthorized construction does not violate the rights and legally protected interests of other persons and does not create a threat to the life and health of citizens.

If the violations committed are irreparable and entail a violation of the rights and interests protected by law of other persons or pose a threat to the life and health of citizens, the right of ownership cannot be recognized either by the person who carried out the construction or by the owner of the land plot, and the construction itself is subject to liquidation.

6. Paragraph 4 of the commented article provides for the possibility of using the administrative procedure for making a decision on the demolition of an unauthorized building. This right is granted to the local government bodies of the city district (municipal district if the unauthorized building is located on an intersettlement territory) provided that the building was erected (created) on a land plot that was not provided in the prescribed manner for these purposes, if this land plot is located in a zone with special conditions for the use of territories (with the exception of the zone for the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation) or on public territory or in the right of way of utility networks of federal, regional or local significance.

As a general rule, the demolition of a building in this case must be carried out by the person who created the unauthorized structure. Within seven days from the date of the decision to demolish the unauthorized structure, the local government body sends to the specified person a copy of the decision containing the deadline for the demolition of the unauthorized structure. The period for demolition is set taking into account the nature of the unauthorized construction, but cannot be more than 12 months.

If the person who carried out the unauthorized construction has not been identified, the local government body that made the decision to demolish the unauthorized construction must, within seven days from the date of such decision, take measures to locate this person. To do this, publication is carried out in the manner established by the charter of the city district (municipal area if the unauthorized building is located on an intersettlement territory) for the official publication (promulgation) of municipal legal acts, a message about the planned demolition of the unauthorized building. In addition, relevant information is posted on the official website of the authorized local government body on the Internet information and telecommunications network; as well as on an information board within the boundaries of the land plot on which the unauthorized construction was created.

If, as a result of the above actions, the person who carried out the unauthorized construction was not identified, the demolition of the unauthorized construction can be organized by the body that made the relevant decision, no earlier than two months after the date of posting on the official website of the authorized local government body in the information and telecommunications network Online messages about the planned demolition of such a building.

In Art. 22 Federal Law of November 30, 1994 N 52-FZ “On the entry into force of part one of the Civil Code of the Russian Federation” states that the provisions of paragraph 4 do not apply to unauthorized buildings that, in accordance with federal law, belong to property for religious purposes, as well as intended for servicing property for religious purposes and (or) forming with it a single monastery, temple or other religious complex. The concept of “religious property” is given in paragraph 1 of Art. 2 Federal Law of November 30, 2010 N 327-FZ “On the transfer to religious organizations of property for religious purposes that is in state or municipal ownership.”

6. A claim for the demolition of an unauthorized structure created with a significant violation of town planning and construction norms and rules or without obtaining the necessary permits, the preservation of which violates the rights and legally protected interests of third parties or creates a threat to the life and health of citizens, is considered according to the rules of civil proceedings. However, such a claim is not aimed at protecting the civil rights of a specific person. In the described cases, a claim for demolition is brought, in particular, with the aim of suppressing the violation of constitutional rights of man and citizen, for example the right to a healthy environment, eliminating the existing threat to the life and health of citizens, as well as bringing the development into compliance with the requirements for ensuring prevention that have been recognized in the law emergency situations, requirements for the conservation of specially protected natural areas, etc.

Since the filing of a claim for the demolition of an unauthorized building in this case is not associated with a violation of the civil law of a specific person, but with the elimination of the constant threat created by the preservation of the building, the rules on the limitation period established by the Code are not subject to application.

Providing allotments

Plots classified as municipal or state property are transferred to subjects for construction on the basis of Articles 30-32 of the Land Code. At the same time, the Land Code provides for the provision of plots with and without prior approval. If the second option is used, tenders are held.

Traditionally, a developer is considered a person (legal/individual) who carries out construction on his own or on the basis of a contract. This status can also be obtained by an entity that is given ownership of a plot of land or a long-term lease for the implementation of a development project with the subsequent transfer of the objects to another person.

Construction documents

To create an object on a site, you first need to obtain permission and an architectural design. The second document is drawn up on the basis of the architectural and planning assignment. It includes the provisions of the agreed urban planning documentation, mandatory requirements for the facility (sanitary and hygienic, environmental, fire safety), instructions for carrying out work in special conditions. The assignment also specifies requirements to ensure the protection of the rights of legal entities and citizens if their interests are affected by this construction.

If the provisions are violated or there is no architectural and planning assignment or building permit issued by the competent authority, the object erected on the site will be recognized as an unauthorized construction.

By law, the person who built it is obliged to demolish it. If there are grounds, demolition of the building is permitted by court decision.

What building can be considered an unauthorized construction?

Not every building or structure that was erected on municipal (less often, on private) land can be recognized by the court as an unauthorized structure under the Civil Code of the Russian Federation. This requires the presence of certain generic characteristics. This:

lack of permitting documentation for the construction of a building or structure on a specific plot of land. That is, the land plot was not properly allocated for the implementation of these works;
carrying out construction work on a site that has a different purpose for use or a different category not intended for construction;
lack of written approvals and permits for already constructed buildings and structures;
violations of urban planning legislation, as well as norms, rules and requirements for the implementation of construction work, identified after the completion of work.

Note! If the owner of the land did not know (or could not know) that his land plot has legal restrictions on the construction of buildings or structures on it, then all erected structures will not be recognized as unauthorized. But the court will deal with this issue! It is the justice body that will issue a judicial act recognizing the property right as legal.