On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 3, 2019 No. 26-P

On the case of check of constitutionality of Articles 15, 16 and 1069 Civil codes of the Russian Federation, item 4 of Article 242.2 of the Budget code of the Russian Federation and part 10 of article 85 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" in connection with the claim of administration of the city district Verkhnyaya Pyshma

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",

Reason for consideration of the case was the claim of administration of the city district Verkhnyaya Pyshma. 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 the applicant of legislative provision.

Having heard the message of the judge-speaker S. M. Kazantsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The civil code of the Russian Federation provides opportunity to require full recovery of the losses caused to person whose right is violated in Article 15, in Article 16 assigns obligation to the Russian Federation, its appropriate subject or municipality to pay the damages caused to the citizen or the legal entity as a result of illegal actions (failure to act) of state bodies, local government bodies or their officials, including the edition contradicting the law or other legal act of the act of such body, and in Article 1069 establishes responsibility for the harm done by state bodies, local government bodies, their officials. In turn, the Budget code of the Russian Federation fixes procedure for the execution of court resolutions in claims to municipalities for indemnification caused to the citizen or the legal entity by illegal actions (failure to act) of local government bodies or their officials in item 4 of Article 242.2.

1.1. Constitutionality of the called regulations is disputed by administration of the city district Verkhnyaya Pyshma.

As appears from the provided materials, the citizen S. G. Ryazanov appealed to the Kirov district court of the city of Yekaterinburg with the claim to PJSC Gazprom, Gazprom transgaz Ekaterinburg LLC and city district Verkhnyaya Pyshma on behalf of administration of this municipality about claiming damages, connected with need of demolition of the unauthorized constructions built by it in 1984 on the parcel of land provided for conducting gardening and located in the conservation zone of hazardous production facility - trunk gas pipeline. The decision of the called court of August 29, 2017 with which courts of higher instances agreed for benefit of the claimant from administration of the city district Verkhnyaya Pyshma exacts 3 615 749 rub 95 kopeks.

Courts recognized that regional authorities shall inform timely citizens information on availability of restrictions in use of the parcels of land which are in the conservation zone. S. G. Ryazanov was not properly informed on such restrictions though the state acceptance of the gas pipeline is made in 1972, several years prior to provision (1978) to it the site for conducting gardening. Based on it courts considered that administration of the city district Verkhnyaya Pyshma as the legal successor of the Verkhnyaya Pyshma city council of People's Deputies, bears responsibility for causing the losses caused by demolition of the structures built by S. G. Ryazanov in the conservation zone whose conscientiousness, rationality and discretion of actions was not denied by the courts recognizing that the construction did not require preliminary approval and the citizen was not in advance warned by bodies of the public power about impossibility of construction of constructions and consequently he, did not know and shall not know about impossibility of construction of the apartment house in close proximity to the gas pipeline on the site provided to it; the property right to the built apartment house was registered in the procedure established by the law, and claims to the citizen from the organization operating the gas pipeline were shown much later constructions of this house.

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