Hotline of power engineering specialists:
The Judicial Board for Civil Cases of the Supreme Court of the Russian Federation on 8 August considered the cassation appeal of IDGC of Centre to appeal the decision of the Kursk Regional Court on the materials claimed by the case at the suit of the company to a resident of the village of Rybinsk Buda in Oboyansky district of the Kursk region of the demolition of an illegally constructed building, located in the buffer zone of the 35 kV overhead line "Rybinsk Ponds - Gakhovo with a tap to Dolzhenkovo".
The lawsuit was filed by power engineers in Oboyansky District Court after they found in October 2015 directly under wires of the line, passing through the personal land plot of the citizen, a building for storage of equipment erected without the written permission of the power grid organization. On this fact, an act was drawn up on the violation of the security zone of electric grids.
Considering the dispute, the Court of First Instance concluded that the structure was built in violation of both previously existing electrical networks Rules of protection for voltage of 1000 V, and the new Regulation of establishing security zones of power grid facilities and special conditions of use of land plots located within the boundaries of such zones (approved by Resolution of the Government of the Russian Federation No. 160 dated 24.02.2009). Thus, the court found, this construction poses a threat to life and health, can lead to adverse effects in the form of an accident and damage to health and property of citizens in the protection zone, and is therefore unauthorized and subject to demolition at the expense of the defendants.
However, this decision was overturned by the appellate court the Kursk Regional Court, which stated that a ban on the construction of buildings without a written permission of the electric grid organization established by the rules in 2009 does not apply to constructed buildings by the defendant, as they are built up to the date of entry into force of the aforementioned Resolution of the Russian Government. And the need to demolish the unauthorized buildings on other grounds, including, in connection with its danger to others, is not confirmed.
In the cassation appeal IDGC of Centre did not agree with these arguments, pointing out that, when considering the case the parties did not deny, and expert testimony in court confirmed the fact that the structure belonging to the defendant was in the buffer zone of electric networks of the 35 kV overhead line. And this already creates a threat to the life and health of citizens and prevents maintenance of power lines. The Judicial Board for Civil Cases of the Supreme Court of the Russian Federation satisfied the complaint of the power company on the basis of the results of the examination.
This ruling of the highest judicial body will help IDGC of Centre effectively assert its rights in similar legal disputes related to violations of protected zones of power lines in the regions of the company’s service area (11 subjects of the Central Federal District), including in cases where the defendants evade compliance with the requirements of subordinate courts.
So, for example, for two years already the decision of the regional court to dismantle an unauthorized built structure outside the security zone of a 35 kV overhead line has not been performed by a resident of the Lipetsk region. Several years ago, the Lipetsk resident built a garden house on the territory of the horticultural association "Gornyak" in the immediate vicinity of the overhead line, and then began building another capital structure there. IDGC of Centre – Lipetskenergo division repeatedly issued instructions on eliminating violations, but they were ignored by the defendant, which is why the power engineers appealed to the court. In total, in such situations, more than a dozen court decisions were made in favour of Lipetskenergo - and all of them have not yet been executed by the defendants.
In the Voronezh region in 2013, the Kominternovsky District Court of the City of Voronezh satisfied the claim of IDGC of Centre for the demolition of 44 garages erected in an unauthorized way by an individual in the security zone of a 110 kV transmission line. But the defendant voluntarily did not comply with the court’s decision. Currently, he is hiding from the bailiffs-executors.
On 3 September 2016, the Sovetsky District Court of the City of Orel satisfied the claim of IDGC of Centre – Orelenergo division about the demolition of a car wash building erected in an unauthorized way in the security zone of a high-voltage power line. The court presented to the Office of the Federal Bailiff Service in the Orel region writs of execution against the owner of the car wash with the order to oblige him to develop a project to demolish the building and restore the possibility of safe operation of power lines. However, despite the existing threat to the life and health of both staff and customers, the entrepreneur ignores this requirement. Currently, as part of the enforcement proceedings, he pays a monthly fine to the bailiff service for non-enforcement of a court decision.
The Belgorod branch of IDGC of Centre for the first half of 2017 stopped 143 facts of illegal activity near electric grid facilities. During the same period, 48 new violations of security zones of power lines were recorded. In 28 most outrageous cases, the materials were transferred to Rostekhnadzor, another 20 cases are pending before the courts. Seven of them have already received positive conclusions: violators are ordered at their own expense to demolish buildings erected in a dangerous zone without agreement with the power grid company.