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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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 challenged 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

established:

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.

Claims with which in connection with completion of criminal case the city of Moscow on behalf of Department of city property addressed on November 5, 2014 A. N. Dubovtsu N. A. Dubovets and to the notary who granted the certificate on the right to inheritance concerning the premises acquired by A. N. Dubovts, are satisfied with the decision of Nikulinsky district court of the city of Moscow of May 26, 2015 left without change appeal determination of judicial board on civil cases of the Moscow city court of December 18, 2015 partially: the disputed premises are requested from A. N. Dubovts's ownership, decided to evict it A. N. Dubovtsa and N. A. Dubovets, the property right of the city of Moscow to these premises is recognized; other part (about recognition invalid certificates on the right to inheritance and certificates on state registration of the right to real estate) in satisfaction of claims it is refused. Transfer of writs of appeal on these court decrees for consideration in judicial session of courts of cassation instance it is also refused (determination of the judge of the Moscow city court of March 10, 2016 and determination of the judge of the Supreme Court of the Russian Federation of May 18, 2016).

Satisfying claims of the city of Moscow, the Trial Court referred to the fact that the disputed premises are heirless property, was disposed from ownership of the city of Moscow without volition of the owner as a result of illegal actions of the third parties and based on Articles 301 and 302 of Civil Code of the Russian Federation is subject to reclamation from ownership of A. N. Dubovts who did not produce the evidence that he is fair acquirer of disputed premises. According to Appeal Court, arguments about conscientiousness of the acquirer of premises have no legal value as the property was disposed from ownership of the owner in spite of himself.

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