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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 28, 2021 No. 55-P

On the case of check of constitutionality of part of 1 Article 7, parts of 1 Article 44, parts 5 of Article 46, Item 5 of part 2 of Article 153 and article 158 of the Housing code of the Russian Federation in connection with the claim of the citizen T. S. Malkova

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, V. G. Yaroslavtsev,

being guided by Article 125 (the part Item "and" 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 part of 1 Article 7, of part of 1 Article 44, of part 5 of Article 46, of Item 5 of part 2 of Article 153 and article 158 of the Housing code of the Russian Federation.

Reason for consideration of the case was the claim of the citizen T. S. Malkova. 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 S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the Housing code of the Russian Federation:

in cases if the housing relations are not settled by the housing legislation or the agreement of participants of such relations, and in the absence of the regulations of civil or other legislation which are directly governing such relations to them if it does not contradict their being, the housing legislation governing the similar relations (analogy of the law) is applied (part of 1 Article 7);

general meeting of owners of rooms in the apartment house is governing body of the apartment house; general meeting of owners of rooms in the apartment house is held for the purpose of management of the apartment house by discussion of questions of the agenda and decision making on the questions put to the vote (part of 1 Article 44);

the decision of general meeting of owners of rooms in the apartment house made in the procedure established by this Code on the questions carried to competence of such meeting is obligatory for all owners of rooms in the apartment house, including for those owners who did not participate in vote (part 5 of Article 46);

the obligation on introduction of payment for premises and utilities arises at the owner of the room from the moment of emergence of the property right to such room taking into account the rule established by part 3 of article 169 of this Code (Item 5 parts 2 Articles 153);

the owner of the room in the apartment house shall incur maintenance costs of the room belonging to it, and also participate in maintenance costs of common property in the apartment house is proportional to the share in the right of common property to this property by introduction of payment for content of premises, fees on capital repairs (part of 1 Article 158).

Constitutionality of these regulations is disputed by the citizen T. S. Malkova, and article 158 of the Housing code of the Russian Federation is formally included into subject of its claim in full, however the declarant connects violation of the rights only with content of the given provision of part of 1 same Article which was - along with other disputed regulations - is actually applied by vessels in its case.

1.1. According to the purchase and sale agreement of December 12, 2015 T. S. Malkova acquired in property two parcels of land in the complex of individual apartment houses and the parcels of land with the general infrastructure intended for their use which is referred to as in judgments on its case "territorial education "The solar coast" or "the cottage settlement". It agrees to the statement received in October, 2019 from the Single state real estate register, to the address appropriated by the resolution of administration of the rural settlement to one of T. S. Malkova's sites the apartment house which is also belonging to the declarant on the property right which construction is complete the same year is located.

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