the Story of Vladimir and Natalia Belomyttseva from the village Treasury of the village in the suburbs of Barnaul is well illustrated by the presently discussed amendments to the Civil code of the Russian Federation about the neighborhood. Retired for over ten years bred in the garden chickens and rabbits, until the house next door changed owners. The new owners allegedly did not like the smell of a chicken coop, and they began to seek its demolition. And when the court denied them, then filed a lawsuit banning the breeding birds on the neighbouring property because it is allocated for housing and not for smallholders. And courts satisfied this requirement by prohibiting Belomyttseva do keep chickens.
According to the lawyer Anna navrátil was on the formal ground that the land allocated for individual housing construction, the court of first instance took the decision to ban the chicken coop. Although the neighbors presented no real evidence of the stench. Altai regional court considering the appeal, all came to the conclusion that the odor from the life of farm animals is a well known fact, requiring no proof.
– These decisions caused a great public outcry, especially after the publication in “Rossiyskaya Gazeta”, – emphasizes Anna navrátil was. – Because they create a precedent where anyone can forbid you to do subsistence farming on the site. After much publicity the history Belomyttseva in Barnaul simplified the procedure of transfer of land of IZHS in LPH – a public hearing is no longer needed. And senior citizens could change the purpose of your site. But the court of cassation still left the decision on the ban on breeding chickens, as cassation shall review only those documents that are already in business, and new evidence not considered.
the Lawyers also believe that after the execution of smallholders Belomyttseva can again raise poultry in spite of the court decision. Reason for the ban is now no – the site is designed for farms. However, pensioners fear that the neighbors will go back to court.
– We hope to overturn the ban in the Supreme court, says Vladimir Belomyttsev. – Of course, after obtaining the status of LPH I wanted to just take chickens, but, probably, wait, when it will be amendments to the Civil code. They should clearly prescribe the grounds for complaints about noise and smell from the adjacent plot. Then the neighbors will not be grounds to go to court. Because we checked many times and never found no stinking smell, no environmental pollution animal waste.
Elena Mateeva, lawyer:
– it is Impossible to regulate all the subtleties of human relationships. So, from my point of view, Belomyttseva it is not necessary to lay high hopes for the changes that I plan to introduce in the Civil code – the so-called amendments of the neighbors, the specific��serouse their mutual rights and obligations. First, while this is only a draft law, in what form will be taken the changes too early. Secondly, in our country, all the new rules are a long run. Until the practice of applying the new rules, it is difficult to speculate on how they affect a particular situation. And by Belomyttseva will have to wait not one year, this time without the usual assist. They have already made all the necessary: they have changed the designation of the site, respectively, these are new circumstances. The court’s decision they have already done. You can now raise chickens, but so as not to violate the rights and legitimate interests of neighbors. In fact, it is this sense of and incorporated in the proposed changes to the Ledger.
At the same time, in my opinion, the seniors have every reason to challenge entered into force decisions. It is obvious that to prove violation of law must be a party which it refers, that is, the neighbors are retirees, allegedly suffering from the smell. And such evidence, as I understand it, in fact, not. Personally, I once in this position, definitely would prescribe all complaints until the end. And from breeding chickens to give would not.