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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 22, 2022 No. 5-r (II)/2022

On case on the constitutional claim of Abramovich Alexey Vladimirovich concerning compliance of the Constitution of Ukraine (constitutionality) of Item 2 parts two of article 40 of the Housing code of Ukraine (concerning discrimination in realization of the right to housing)

Case No. 3-39/2021(86/21)

The second senate of the Constitutional Court of Ukraine in structure:

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich (speaker),

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Slidenko Igor Dmitriyevich,

Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional claim of Abramovich Alexey Vladimirovich concerning compliance of the Constitution of Ukraine (constitutionality) of Item 2 parts two of article 40 of the Housing code of Ukraine.

Having heard the judge-speaker Lemak V. V. and having researched case papers, in particular, line items which were stated by scientists: The Kiev national university of Taras Shevchenko - the associate professor of the civil law of Institute of the right, Candidate of Law Sciences Radchenko L. I.; National legal university of Yaroslav the Wise - the head of the department of the civil law, professor, the member - the correspondent of National academy of legal sciences of Ukraine Borisova V. I.; The state higher educational institution "Uzhhorod National University" - the director of Research institution of comparative public and international law, the doctor of jurisprudence, professor Savchin M. V.; National academy of legal sciences of Ukraine - the leading researcher of Research institution of legal support of innovative development of National academy of legal sciences of Ukraine, Candidate of Law Sciences, associate professor Rozgon A. V.; National university "Lviv Polyequipment" - the head of the department of the constitutional and international law of educational and scientific institute of the right, psychology and innovative education, the doctor of jurisprudence, professor Kovalchuk V. B., the Constitutional Court of Ukraine

established:

1. Abramovich V. V. appealed to the Constitutional Court of Ukraine with the petition to consider question of Article part two compliance 24, of part two of article 47 of the Constitution of Ukraine (constitutionality) of Item 2 parts two of article 40 of the Housing code of the Ukrainian SSR according to which strike off the register the citizens needing improvement of housing conditions in case of "departure on the permanent residence in other settlement".

By decisions of Zarechny of district court of the city of Sumy of May 20, 2020 and the Sumy Appeal Court of August 12, 2020 it is determined that Abramovich A. V. during the period from 1976 to 1990 passed military service. After dismissal on March 22, 1990 from military service, remaining registered in the city of Ulan-Ude, Abramovich A. V. arrived to the city of Sumy where according to the decision of executive committee of the Sumy city council of People's Deputies of September 20, 1990 it was taken on queue for receipt of the state living space and is included in the list of persons who have the right of first-priority receipt of living space. In 1996 Abramovich A. V. left the city of Sumy on the permanent residence to the Kherson region where worked to retirement. Since August 16, 1999 the residence of Abramovich A. V. it is registered in the city of Beryozovka of Odessa region. The decision of executive committee of the Sumy city council of February 18, 2014 Abramovich A. V. it was struck off the room register as not living the city of Sumy, based on Item 2 parts two of article 40 of the Housing code of the Ukrainian SSR.

Making the decision on refusal in satisfaction of claims of Abramovich A. V. about cancellation of the decision of executive committee of the Sumy city council of February 18, 2014 No. 85 about removal from room accounting and recovery in queue on receipt of living space, courts 2 parts two of article 40 of the Housing code of the Ukrainian SSR applied Item.

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