On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 16, 2018 No. 32-P

On the case of check of constitutionality of Item 3 of article 69 of the Air code of the Russian Federation, the subitem 1 of Item 2 of Article 78 of the Budget code of the Russian Federation, and also Items 3 and 6 of Rules of provision of subsidies from the federal budget to the organizations on compensation of the income from provision of services half-received by them for airport and land ensuring flights of aircrafts of the users of airspace exempted in accordance with the legislation of the Russian Federation from payment for these services in connection with claims of Koltsovo Airport public joint stock company and "International Airport Nizhny Novgorod" joint-stock company

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,

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, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of Item 3 of article 69 of the Air code of the Russian Federation, the subitem 1 of Item 2 of Article 78 of the Budget code of the Russian Federation, and also Items 3 and 6 of Rules of provision of subsidies from the federal budget to the organizations on compensation of the income from provision of services half-received by them for airport and land ensuring flights of aircrafts of the users of airspace exempted in accordance with the legislation of the Russian Federation from payment for these services.

Reason for consideration of the case were claims of PJSC Koltsovo Airport and JSC International Airport Nizhny Novgorod. 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 applicants.

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 L. O. Krasavchikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 3 of article 69 of the Air code of the Russian Federation the procedure for expense recovery for aeronautical servicing, ensuring flights of aircrafts of the users of airspace exempted in accordance with the legislation of the Russian Federation from collection of payment for aeronautical servicing, ensuring flights of aircrafts is established by the Government of the Russian Federation.

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