On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 11, 2017 No. 20-P

On the case of check of constitutionality of provisions of Article 111, parts 5 of Article 247 and Item 2 of part 1 of article 248 of the Code of administrative legal proceedings of the Russian Federation, parts 1 and 2 of Article 110 of the Arbitral Procedure Code of the Russian Federation in connection with claims of the citizen N. B. Slobodyanik and federal state budgetary institution "Russian Agricultural Center"

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 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 in open session case on check of constitutionality of provisions of Article 111, of part 5 of Article 247 and Item 2 of part 1 of article 248 of the Code of administrative legal proceedings of the Russian Federation, parts 1 and 2 of Article of 110 AIC of the Russian Federation.

Reason for consideration of the case were claims of the citizen N. B. Slobodyanik and federal state budgetary institution "Russian Agricultural Center". The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As both claims 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 claims in one production.

Having heard the message of the judge-speaker N. S. Bondar, explanation of the agent of the party, adopted and signed the disputed regulatory legal acts, performance invited in meeting of the representative from the Ministry of Justice of the Russian Federation M. A. Melnikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Article 111 of the Code of administrative legal proceedings of the Russian Federation regulates distribution of court costs between the parties on administrative case. According to part 5 of article 247 of this Code of the party on administrative case shall prove, by the general rule, those circumstances to which they refer in reasons for the requirements and objections; at the same time the obligation of proof of 248 bases for review of results of determination of cadastral cost specified in its Article is assigned to the administrative claimant. The Item 2 of part 1 of article 248 of this Code refers establishment concerning real estate object of its market value for date as of which its cadastral cost is established to number of such bases. Constitutionality of the given legislative provisions in their interrelation is disputed by the citizen N. B. Slobodyanik.

The federal state budgetary institution "Russian Agricultural Center" in which the issue of distribution of court costs was resolved of contest of results of determination of cadastral cost of the parcel of land, just as in the case of the citizen N. B. Slobodyanik, disputes constitutionality of provisions of Article of 110 AIC of the Russian Federation providing that the court costs incurred by persons participating in case for benefit of whom the court resolution is adopted are collected by Arbitration Court from outside and if the claim is satisfied partially, - belong on persons participating in case in proportion to the size of the satisfied claims (part 1); the expenses on fee of the representative incurred by person for benefit of whom the court resolution is adopted are collected by Arbitration Court from other person participating in case, reasonably (part 2).

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