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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 12, 2022 No. 30-P

On the case of check of constitutionality of part 5.1 of article 170 of the Housing code of the Russian Federation and article 7.1 of the Law of the Smolensk region "On regulation of single questions in the field of ensuring timely carrying out capital repairs of common property in the apartment houses located in the territory of the Smolensk region" in connection with the claim of the citizen M. A. Streltsov

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,

with participation of the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation I. V. Rukavishnikova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation A. V. Konovalov, representative from the Smolensk region duma - Candidate of Law Sciences A. A. Magankova,

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

considered in open session case on check of constitutionality of part 5.1 of article 170 of the Housing code of the Russian Federation and article 7.1 of the Law of the Smolensk region "On regulation of single questions in the field of ensuring timely carrying out capital repairs of common property in the apartment houses located in the territory of the Smolensk region".

Reason for consideration of the case was the claim of the citizen M. A. Streltsov. 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, explanation of agents of the parties and speech of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - D. S. Korotkova, from the Prosecutor General of the Russian Federation - V. V. Rosinsky, from the Ministry of Construction and Housing and Communal Services of the Russian Federation - O. V. Speransky, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part 5.1 of article 170 of the Housing code of the Russian Federation (it is entered by the Federal Law of June 29, 2015 No. 176-FZ) the obligation on payment of fees on capital repairs at owners of rooms in the apartment house put into operation after approval of the regional program of capital repairs and included in this program in case of its updating arises after the term established by public authority of the subject of the Russian Federation, but not later than within five years from the date of inclusion of the house in this program.

According to article 7.1 of the Law of the Smolensk region of October 31, 2013 No. 114-z "On regulation of single questions in the field of ensuring timely carrying out capital repairs of common property in the apartment houses located in the territory of the Smolensk region" (it is entered by the Law of the Smolensk region of June 30, 2016 No. 77-z) the obligation on payment of fees on capital repairs at owners of rooms in the apartment house put into operation after approval of the regional program of capital repairs and included in this program in case of its updating arises after three years since the 1st following after month of inclusion of the house in this program.

1.1. Constitutionality of the specified regulations is disputed by the citizen M. A. Streltsov - the owner of premises in the apartment house located in the city of Smolensk. M. A. Streltsov's apartment is in the second section put into operation on October 31, 2014 (the second stage of construction). The first section is put into operation (the first stage of construction) in 2011.

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