On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 21, 2022 No. 34-P

On the case of check of constitutionality of parts 14 and 17 of article 16 of the Federal law "About Introduction of Amendments to the Federal Law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and About Modification of Some Legal Acts of the Russian Federation" and Separate Legal Acts of the Russian Federation", subitems 3 and 3.1 of Item 1 of Article 201. 1, Item 5 of Article 201. 10, paragraph two of Item 2 of Article 201. 15, the subitem 1 of Item 8 of Article 201.15-1, of Item 11 of article 201.15-2 of the Federal law "About Insolvency (Bankruptcy)" in connection with request of the Supreme Court of the Russian Federation and the claim of the citizen A. N. Shalimova

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

being guided by Article 125 (part 4) Constitutions of the Russian Federation, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of parts 14 and 17 of article 16 of the Federal law "About Introduction of Amendments to the Federal Law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and About Modification of Some Legal Acts of the Russian Federation" and Separate Legal Acts of the Russian Federation", subitems 3 and 3.1 of Item 1 of Article 201. 1, Item 5 of Article 201. 10, paragraph two of Item 2 of Article 201. 15, subitem 1 of Item 8 of Article 201.15-1, of Item 11 of article 201.15-2 of the Federal law "About Insolvency (Bankruptcy)".

Reason for consideration of the case were the request of the Supreme Court of the Russian Federation and the claim of the citizen A. N. Shalimova. 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 applicants of legislative provision.

As the request and the claim concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

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

established:

1. By part 14 of article 16 of the Federal Law of June 27, 2019 No. 151-FZ "About introduction of amendments to the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" and separate legal acts of the Russian Federation" (further also - the Law on modification) it is determined that transfer of the parcel of land with the inseparable improvements which are on it and obligations of the builder according to article 201.15-1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (in edition of the Law on modification) is performed taking into account the features provided by this part if concerning the apartment house and (or) other real estate object which shall be built on the transferred parcel of land, the contract with the first participant of construction providing transfer of premises the parking place and the non-residential premise, including the agreement of participation in shared-equity construction, is signed without use of accounts, stipulated in Article 15.4 Federal Laws of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (in editions of the Law on modification), till July 1, 2019 and in relation to agreements of participation in shared-equity construction is provided on state registration till July 1, 2019; transfer of the parcel of land specified in this part with the inseparable improvements which are on it and obligations of the builder according to article 201.15-1 of the Federal law "About Insolvency (Bankruptcy)" (in edition of the Law on modification) is performed with observance of the conditions provided by subitems 2 and 4 of Item 3, and the requirements provided by Items 5, of the 7 and 10 article 201.10 of the Federal law "About Insolvency (Bankruptcy)". According to part 17 of article 16 of the Law on modification of provision of Item 3.2 of Article 201. 1, Articles 201.8-1, 201.8-2, 201. 9, 201.10 - 201.14, 201.15-1, of 201.15-2, 201.15-2-1 Federal Law "About Insolvency (Bankruptcy)" (in edition of the Law on modification) are applied in cases if proceeedings about bankruptcy of builder are initiated about day of entry into force of the Law on modification provided that by this day settlings with creditors of the third queue are not begun.

By the subitem 3 of Item 1 of article 201.1 of the Federal law "About Insolvency (Bankruptcy)" in the edition operating before modification with the Federal Law of December 30, 2021 No. 476-FZ it was determined that the requirement about transfer of premises is requirement of the participant of construction about transfer to it based on the paid agreement in property of premises (the apartment or the room) in the apartment house or premises (part of the apartment house) in the apartment house of the blocked building consisting of three and more blocks which at the time of attraction of money and (or) other property of the participant of construction are not put into operation. Subitem 3.1 of the same Item determines the requirement about transfer of the parking place and the non-residential premise as the requirement of the participant of construction - physical person about transfer to it based on the paid agreement in property of the parking place and (or) non-residential premise in the apartment house which at the time of attraction of money and (or) other property of the participant of construction are not put into operation; the non-residential premise is understood as it which area does not exceed seven square meters.

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