Such conclusions are consistent with the legal position set forth in the Supreme Court resolutions of 06/27/23! case 320/9108/21! 12/20/23! case 640/12885/21.
Failure by the state architectural and construction control bodies to comply with the Identifying and documenting requirements of the legislation regarding the procedure for carrying out state architectural and construction control will lead to the inspection being declared illegal and the absence of legal consequences.
Since illegal actions cannot lead to legal consequences
(similar conclusions are contained in the Supreme Court resolution of 27.02.24! case 160/20027/21).
If DIAM fails to conduct an inspection on state architectural and construction control issues in accordance with the procedure established by law for the customer of preparatory works to ensure compliance with the legislation in the field of urban planning activities when Identifying and documenting performing the disputed works! and! as a result! fails to draw up an inspection report and issue an order to eliminate the violation of the requirements of the legislation in the field of urban planning activities! norms! standards and rules or to stop preparatory works! does DIAM acquire the right to apply to court with a claim for termination of the right to perform preparatory works?
In this case! DIAM does not have the authority to immediately apply to executions of tie-up people court with a lawsuit! since the inspection does not conduct extrajudicial measures provided for by the Law! namely:
appointment and conduct of an unscheduled inspection;
providing an opportunity to eliminate the specified violations by adopting a relevant prescription;
verification of eliminated violations;
if not eliminated – apply to court to terminate the preparatory work.
Is a court decision to terminate the notification of the completion of preparatory work a last resort or not?
Yes! it is the last resort! preceded by the provision of an opportunity the y generation! which comes right to eliminate the detected violation – this applies to those cases when DIAM applies to the court. And if the claim is not filed by DIAM – this is no longer a last resort! since as a result of the evidence provided to the court! the investigation of the circumstances in court (even without conducting an unschedul inspection)! the court may make an appropriate decision to terminate such a notification! provid that the legality of such a notification or the work performed is proven (performance of work that does not essentially fall under the concept of “preparatory”! other violations of urban planning legislation or work that contradicts aqb directory public interests! violates the rights of individuals! etc.).