On behalf of the Russian Federation
of November 16, 2017 No. 29-P
On the case of check of constitutionality of paragraph one of Item 2 of article 15.1 of the Federal law "About the Status of the Military Personnel" in connection with the claim of the citizen M. V. Fokin
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of paragraph one of Item 2 of article 15.1 of the Federal law "About the Status of the Military Personnel".
Reason for consideration of the case was the claim of the citizen M. V. Fokin. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision challenged by the applicant.
Having heard the message of the judge-speaker S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to paragraph one of Item 2 of article 15.1 of the Federal Law of May 27, 1998 No. 76-FZ "About the status of the military personnel" the serviceman having military rank the colonel, to it equal above, passing military service or discharged from military service on reaching it age limit of stay on military service, for health reasons or in connection with organizational and regular actions the commander of military unit, the serviceman having honorary title of the Russian Federation, the serviceman - the teacher of the military professional educational organization or military educational organization of the higher education, military department under the state educational organization of the higher education, the serviceman - the scientist having academic degree and (or) academic status by provision by it of premises, including office premises, have the right to additional total area of premises ranging from 15 to 25 square meters.
1.1. Constitutionality of the given legislative provision is challenged by the citizen M. V. Fokin who passes military service under the contract for positions of the senior teacher of the educational military center under federal state-funded educational institution of the higher education "Ryazan state radio engineering university", at the same time the general duration of military service of M. V. Fokin constitutes more than 20 years. The decision of the deputy chief of "Western Regional Government of Housing Providing" state-owned federal state institution of the Ministry of Defence of the Russian Federation of December 5, 2016 to the applicant provided housing subsidy for acquisition (construction) of premises at the rate on family as a part of five people without the right to the additional area. Believing the rights broken, M. V. Fokin appealed to the Ryazan garrison military court which the decision of February 13, 2017 left without change appeal determination of judicial board on administrative cases of the Moscow District Military Court of May 18, 2017 refused to the applicant satisfaction of requirements about recognition illegal decisions of the specified official of body of housing providing regarding payment of housing subsidy to M. V. Fokin without its right to additional total area of premises, recognition behind it the appropriate right and recalculation of the provided subsidy. In the decisions courts, referring, in particular, to Item 2 of article 15.1 of the Federal law "About the Status of the Military Personnel", came to conclusion that M. V. Fokin does not treat persons having the right to additional total area of premises as it, being serviceman, replaces the position though relating to teachers, but not at military department of the state educational organization of the higher education, and in the training military center.
1.2. Owing to Articles 36, 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" concretizing Article 125 (part 4) of the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation takes cognizance of claims of citizens to violation of their constitutional rights and freedoms the law applied in specific case which consideration is complete in court if comes to conclusion that the challenged legislative provisions affect constitutional rights and freedoms of citizens and that there is uncertainty in question of whether there correspond these legislative provisions of the Constitution of the Russian Federation; The constitutional court of the Russian Federation accepts the resolution only in the subject specified in the claim and only concerning that part of the act which constitutionality is called in question, estimating both literal sense of the considered legislative provisions, and the sense given them by official and other interpretation or the developed law-enforcement practice and also proceeding from their place in system of legal acts; in case of decision making the Constitutional Court of the Russian Federation is not connected by the bases and arguments stated in the claim.
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