On behalf of the Russian Federation
of June 22, 2017 No. 16-P
On the case of check of constitutionality of provision of Item 1 of Article 302 of the Civil code of the Russian Federation in connection with the claim of the citizen A. N. Dubovts
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,
with participation of the citizen A. N. Dubovts and his representative - the lawyer D. I. Stepanov, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. A. Klishas, 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, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered case on check of constitutionality of provision of Item 1 of Article 302 of Civil Code of the Russian Federation in open session.
Reason for consideration of the case was the claim of the citizen A. N. Dubovts. 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 disputed by the applicant.
Having heard the message of the judge-speaker S. M. Kazantsev, explanation of agents of the parties, speeches of the representative from the Ministry of Justice of the Russian Federation invited in meeting - M. A. Melnikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Item 1 of Article 302 of Civil Code of the Russian Federation if the property is paid acquired at person who had no right to alienate it what the acquirer did not know about and could not know (the fair acquirer), then the owner has the right to request from this property the acquirer in case the property is lost by the owner or person to whom the property was transferred by the owner to ownership, or is stolen at this or that, or was disposed from their ownership of other way in addition to their will.
1.1. By the sentence of the Moscow city court which took legal effect on November 5, 2013 it is determined that according to the forgery documents submitted by group of persons the notary of the city of Moscow addressed to V. A. Sokolova granted on June 21, 2007 the certificate on the right to inheritance concerning premises which owner B. V. Sokolov died in 1994, without having heirs neither according to the will, nor under the law; the granted premises, the property right to which based on this certificate was registered in the Unified State Register of Rights on real estate and transactions with it, became subject of purchase and sale agreements of July 23, 2007 and of August 15, 2007, and on April 28, 2008 it was acquired by A. N. Dubovets; at the same time in the purchase and sale agreement the price of premises was specified in the amount of 999 000 rub, however agrees to the copies of receipts which are available in case the seller received from A. N. Dubovts in addition to the amount specified in the agreement, 6 001 000 more rub.
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