COURT REJECTS MUSCOVITES' COMPLAINT AGAINST BUILDING A CHURCH IN VALLEY OF THE YAUZA
It is intended to erect a complex next to an aqueduct of the times of Catherine II
by Elena Nikolaeva
Moskovskii Komsomolets, 20 July 2015
It seems that the idea of "walking-distance churches" does not inspire Russians very much. To the numerous clashes over construction of houses of worship in parks and other public places is now added yet another "hot spot" in the east of the capital. On Monday residents of Rostokin tried for five and a half hours on Monday to challenge a decision of the capital authorities regarding construction of a church complex in the valley of the Yauza river not far from an aqueduct of the times of Catherine II.
The courtroom did not accommodate all who wished to attend so that for some citizens a video broadcast to another floor was arranged. The claims of the complainants came down to the fact that the land where a pit has already been dug and pilings have been driven is considered to be a zone of protected natural landscape including an object of cultural heritage of federal significance, "The Aqueduct over the River Yauza," and it also is a green territory of a natural complex of general use. Therefore any capital construction there violates the law of the General Plan of Moscow and the Land Code of the Russian federation. However Moscow authorities allegedly carved out a parcel in the territory of the natural complex illegally and changed it to a different status (restricted use territory). In turn, representatives of the government insisted that the construction is taking place on a parcel that is not encumbered by either monuments of the cultural heritage or environmental restrictions.
Several times the complainants tried to get the judge disqualified, arguing that he lacked impartiality and that there was no competitive start, but the residents' petitions were rejected. As one of their arguments they mentioned a chapel on the territory of the Moscow city court: the complainants maintained that such emphatic attention of the judicial system toward one of the confessions is a rather awkward circumstance in a situation where, in essence, a dispute between the Russian Orthodox Church and citizens is being resolved. Not to mention that the Russian federation is a secular state, and such a close proximity of one of the branches of government to religious authority seems strange. However the judge did not choose to remove either himself or the entire Moscow city court on the Bogorodskoe embankment from the case.
The representatives of the government acted somewhat wearily as if they had been sent to another routine proceeding. One of the young men in a suit at one time even bowed his head into his hands as if he were exhausted from the long-drawn-out process.
"The outcome is lamentable," one of the complainants, Natalia Zavrazhnova, commented to MK as she exited the courthouse. "All of our claims were rejected, while the judge did not even agree, contrary to regulations, to postpone the session so that we could familiarize ourselves with the explanations and objections offered by the opposing side in this lawsuit and prepare our commentaries. Now we will file an appeal in the Supreme Court and try to obtain justice there. In the near future, we probably will hold a rally in order to react to the situation in the legal field.
Among Rostokinites the disputed territory is known by the name "Million Bridge," or "The Million": according to local legend either the aqueduct was built with great cost overruns of a million rubles or a million egg whites were added into the concrete. Whatever it may be, the place enjoys great popularity among residents of nearby buildings; there is a natural slope on which children love to play and newlyweds come here for photographs.
"Recently we have been surrounded on all sides by building," Evgenia shared with MK, concerned about the fate of a favorite recreation area. "In one place they are building a huge apartment building and in another they are digging out a road. Seeing the preparation of a new pit, not everybody even understood right away that capital church construction is being prepared here; they thought perhaps they are laying some communication lines. Moreover they have already set up a chapel not far away. But apparently this is their tactic: first a chapel appears and then they enlarge the land. When the residents became upset the head of the administration met with us and said that the area of the church will be about half of whet we saw on one of the blueprints, only I am afraid that such promises do not have legal force. There is an order of the government that the height of the church will be 41 meters without the cross and it will be designed for 500 parishioners."
"I do not have anything against churches, but a 'walking-distance church' is, in my opinion, a crazy idea," one local resident, Stanislav, complained. "Why do grannies have to ride a bus to the polyclinic, but they have to get to church on foot? I am not saying anything about closing the road for holidays and funerals and the bell for matins is directly outside."
We recall that a new judicial proceeding is scheduled for 31 July about another disputed church in Torfyanka Park. (tr. by PDS, posted 23 July 2015)
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