Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 10, 2009 No. 17-P

On the case of check of constitutionality of Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 No. 122-FZ) in connection with request of the Kurchatov city court of Kursk region and claims of citizens A. V. Zhestikov and P. U. Myagchilo

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman - the judge N. V. Seleznyov, judges Yu. M. Danilov, Yu. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, N. V. Melnikov, V. G. Strekozov,

with participation of the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ).

Reason for consideration of the case were the request of the Kurchatov city court of Kursk region and the claim of citizens A. V. Zhestikov and P. U. Myagchilo. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation challenged by applicants of legislative provision.

As the request of court and the claim of citizens concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker L. M. Zharkova, explanation of the agent of the party who published and signed the challenged act, speeches of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Ministry of Justice of the Russian Federation - A. A. Smirnova, from the Ministry of Finance of the Russian Federation - S. V. Yachevskoy, from the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response - T. A. Marchenko, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. The law of the Russian Federation of May 15, 1991 N 1244-I "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in editions of the Federal Law of November 24, 1995 N 179-FZ) for the disabled people owing to the Chernobyl catastrophic crash needing improvement of housing conditions provided one-time free providing with well-planned living space within three months from the date of filing of application, and also one-time free providing with additional living space in the form of the certain room (Item 3 parts one of Article 14); for the participants of mitigation of consequences of the Chernobyl catastrophic crash needing improvement of housing conditions first-priority one-time free providing with well-planned living space was provided (Item 3 parts one of Article 15).

On January 1, 2005 the Federal Law of August 22, 2004 N 122-FZ "About modification of legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Laws "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and "About the General Principles of the Organization of Local Self-government in the Russian Federation" by which articles 14 and 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" were reworded as follows (Items 8 and 9 of Article 3) became effective.

Applicants on this case - the citizen P. U. Myagchilo who is the disabled person owing to the Chernobyl catastrophic crash, the citizen A. V. Zhestikov who is the participant of mitigation of consequences of the Chernobyl catastrophic crash and the Kurchatov city court of Kursk region in which production there is case on the claim of the citizen N. A. Litavrin who is the participant of mitigation of consequences of the Chernobyl catastrophic crash challenge constitutionality of the normative regulation containing in Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" in the editions of the Federal Law of August 22, 2004 N 122-FZ according to which and the citizens who were taking part in mitigation of consequences of the Chernobyl catastrophic crash, registered till January 1, 2005 providing with living space in the sizes and procedure established by the Government of the Russian Federation is guaranteed to the disabled people needing improvement of housing conditions owing to the Chernobyl catastrophic crash and which were registered after January 1, 2005 are provided with living space according to the housing legislation of the Russian Federation.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.