ELENA GLADYSHEVA, MANAGING PARTNER OF RI-CONSULTING.

The Prosecutor's Offices of Samara and Samara region sent lawsuits to court against the Mayor's Office and the regional Ministry of Health. The reason was "violation of the constitutional rights of residents to access social and transport infrastructure. The Ministry of Health is required to provide access to medical services for the residents of Proseka 5 area in Samara. The Prosecutor's Office demands that the City Administration provide access to pre-school education for the residents of Proseka 5, as well as the Volgary and Krutye Kluchi neighborhoods.

Lawsuits (HERE)

Elena Gladysheva answers Kommersant's questions about the prospects of these lawsuits. How often are such lawsuits filed? And what decisions are taken by the courts?

"As of the current date, the number of appeals of the Prosecutor's Office to protect the interests of an unlimited number of people, as well as to protect the constitutional rights of citizens, has increased to the maximum. We can see this from our own practice. The Prosecutor's Office has become more and more diligent in exercising its supervisory function.

The problems of infill development could not but bring the problems and difficulties that experts predicted a few years ago: the number of living spaces is growing, but infrastructure facilities are not expanding and there are not more of them. The programs implemented by the state (demography, health, affordable housing, etc.) which allow to improve the quality of life of people do not always coincide with the way they are implemented. Of course, developers are not interested in spending additional funds for the implementation of social facilities, it is easier for them to build an apartment block, and to entrust other issues to the local administration.  Local administrations, with sufficient competence, are not always able to predict the real growth of consumers of services (health, education, etc.), or are somewhat “late” in resolving these problems. in this case, the prosecutor's office has taken on the role, certainly within the law, and helps accelerate the resolution of these issues. Often only this allows people to achieve comfortable living conditions.

However, it should be understood that this lawsuit will definitely not be the last. As we see from practice, the chain will be as follows: the prosecutor's office will win the suit. In order to fulfill the relevant requirement, the defendants need to build these facilities. To build them it will take at least two competitive procedures (project development and construction itself). It will take at least 3 years (from the experience of similar processes). Then the construction will not finish in time (we all know that the builders rarely complete construction in time for objective and non-objective reasons). The next suit of prosecutor's office, in this case, will be to the builders for breach of time performance of state contracts (and there are already monetary penalties, negotiable or tied to the value of the contract). Then, of course, a scenario with unscrupulous market players is possible, and other regulatory authorities will intervene.

In general, the initiative of the Prosecutor's Office should not be unpleasant, but the end users of services will not see the results as quickly as they would like. Again, the number of such appeals to the court by the Prosecutor's Office is growing day by day and we see it in all spheres of the economy and life," the lawyer said.

You can read more about the expert's answers and the case in the Kommersant's publication