On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 10, 2018 No. 30-P

On the case of check of constitutionality of part 1 of article 157 of the Housing code of the Russian Federation, paragraphs of third and fourth Item 42 (1) Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses in connection with the claim of the citizen S. N. Demints

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, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

with participation of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the representative of the Federation Council - the doctor of jurisprudence P. A. Kucherenko, 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 part 1 of article 157 of the Housing code of the Russian Federation, paragraphs of third and fourth Item 42 in open session (1) Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses.

Reason for consideration of the case was the claim of the citizen S. N. Demints. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the normative provisions challenged by the applicant.

Having heard the message of the judge-speaker Yu. D. Rudkin, explanation of the agent of the party, issued the disputed act, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part 1 of article 157 of the Housing code of the Russian Federation the amount of payment for utilities is calculated proceeding from the amount of the consumed utilities determined by indications of metering devices, and in case of their absence - proceeding from standard rates of consumption of the utilities approved by public authorities of subjects of the Russian Federation according to the procedure, established by the Government of the Russian Federation; rules of provision, suspension and restriction of provision of utilities to owners and users of rooms in apartment houses and apartment houses, feature of provision of separate types of utilities to owners and users of rooms in the apartment house and apartment houses, conditions and procedure for the conclusion of the relevant agreements, and also edited, obligatory in case of the conclusion management company or condominium or housing cooperative or other specialized consumer cooperative of contracts with the resource supplying organizations, the regional operator according to the address with solid utility waste, are established by the Government of the Russian Federation.

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