Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 5, 2020 No. 11-P

On the case of check of constitutionality of subitems 4 and 5 of Item 1 and Item 5 of Article 57 of the Land code of the Russian Federation in connection with the claim of the citizen I. S. Butrimova

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, 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 subitems 4 and 5 of Item 1 and Item 5 of Article 57 of the Land code of the Russian Federation.

Reason for consideration of the case was the claim of the citizen I. S. Butrimova. 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 declarant of legislative provision.

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

established:

1. The land code of the Russian Federation provides in Item 1 of Article 57 that in full, including lost profit, the losses caused, in particular, by restriction of the rights of owners of the parcels of land, land users, land owners and lessees of the parcels of land (the subitem 4), and also change of purpose of the parcel of land based on the petition of public authority or local government body for its transfer from structure of lands of one category in another without approval of his owner (the subitem 5) are subject to compensation.

According to Item 5 of the same Article in the edition operating before entering of changes into it with the Federal Law of August 3, 2018 No. 342-FZ and applied in case with participation of the citizen I. S. Butrimova, and it is equal in the current version the procedure for compensation of such losses is established by the Government of the Russian Federation.

1.1. I. S. Butrimova is owner of the parcel of land with the type of the permitted use established at the time of its acquisition in 2009 "for individual housing construction" and the cadastral cost constituting 5 804 995 rubles 30 kopeks.

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