On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 16, 2023 No. 23-P

On the case of check of constitutionality of Item 1 of Article 250 of the Civil code of the Russian Federation in connection with the claim of the citizen V. V. Shestavin

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges 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 (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 Item 1 of Article 250 of Civil Code of the Russian Federation.

Reason for consideration of the case was the claim of the citizen V. V. Shestavin.

The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the provision challenged by the applicant.

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

established:

1. According to Item 1 of Article 250 of Civil Code of the Russian Federation in case of sale of share in the right of common property to the stranger other participants of equity property have the privilege of purchase of the sold share at the price at which it is on sale, and on other equal conditions, except sale case from the public biddings, and also cases of sale of share in the right of common property to the parcel of land by the owner of part of the building located on such parcel of land or construction or the owner of the room in the specified building or construction (paragraph one); the public auction for sale of share in the right of common property in the absence of the consent to it of all participants of equity property can be held in the cases provided by part two of article 255 of this Code and in other cases provided by the law (paragraph two).

1.1. Constitutionality of the given legislative provision is disputed by the citizen V. V. Shestavin.

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