Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 15, 2006 No. 6-P

On the case of check of constitutionality of provisions of the subitem 1 of Item 2 of article 2 of the Federal law "About Enforcement of the Housing Code of the Russian Federation" and part one of article 4 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" (in edition of article 12 of the Federal law "About Enforcement of the Housing Code of the Russian Federation") in connection with request of the Supreme Court of the Russian Federation and the claim of citizens M. Sh. Orlov, H. F. Orlov and Z. H. Orlova

Constitutional court of the Russian Federation as a part of the chairman A. L. Kononov, judges N. S. Bondar, G. A. Gadzhiyev, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin, A.YA. Plums, V. G. Strekozova, B. S. Ebzeev, V. G. Yaroslavtsev,

with participation of the representative of the Supreme Court Russian Federatsiidoktora of jurisprudence of V. V. Yershov, citizen M. Sh. Orlov, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, representative of Council Federatsiidoktor of jurisprudence of E. V. Vinogradova,

being guided by Article 125 (parts 2 and 4) Constitutions of the Russian Federation, the subitem "an" of Item 1 and Item 3 parts one, parts three and the fourth Article 3, Articles 36, 74, 84, 85, 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 provisions of the subitem 1 of Item 2 of article 2 of the Federal law "About Enforcement of the Housing Code of the Russian Federation" and part one of article 4 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" (in edition of article 12 of the Federal law "About Enforcement of the Housing Code of the Russian Federation").

Reason for consideration of the case were the request of the Supreme Court of the Russian Federation and the claim of citizens M. Sh. Orlov, H. F. Orlov and Z. H. Orlova. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the provisions of the Federal Law "About Enforcement of the Housing Code of the Russian Federation" and Law of the Russian Federation challenged by applicants "About privatization of housing stock in the Russian Federation" about cancellation of privatization of premises of the state and municipal housing stocks.

As the request of the Supreme Court of the Russian Federation and the claim of citizens M. Sh. Orlov, H. F. Orlov and Z. H. Orlova 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 S. P. Mavrin, explanation of agents of the parties, the expert opinion - the doctor of the jurisprudence B. M. Gongalo, performance invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: from the Prosecutor General of the Russian Federation - T. A. Ryzhkova, from the Ministry of Regional Development of the Russian Federation - M. V. Dorofeyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to the subitem 1 of Item 2 of article 2 of the Federal Law of December 29, 2004 "About enforcement of the Housing code of the Russian Federation" since January 1, 2007 the containing general provisions of Article 1, of 2, of 4, of 6, of 7, 8 and 9.1 Laws of the Russian Federation of July 4, 1991 "About privatization of housing stock in the Russian Federation" and its Section II establishing the basic principles and conditions of privatization of premises of the state and municipal housing stocks void. Article 12 of the same Federal Law part one of article 4 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation", determining premises, not privatizeable, is added with provision according to which privatizations the premises provided to citizens under agreements of social hiring after March 1, 2005 are not subject.

According to the Federal Law of December 29, 2004 privatization by citizens of the Russian Federation of the state and municipal housing stock is not provided by N189-FZ (of June 30, 2006 of N93-FZ) in editions of the Federal Law since March 1, 2010.

The Supreme Court of the Russian Federation disputing constitutionality of the called legislative provisions claims that cancellation by the legislator of the right of citizens to free privatization of premises of the state and municipal housing stocks (since March 1, 2005 - partial, and since January 1, 2007 - complete) contradicts the concepts of justice following from the Constitution of the Russian Federation, stability and security of the rights of citizens, maintenance of trust of citizens to the law and actions of the state, inadmissibility of the publication of the laws canceling or diminishing rights and freedoms of man and citizen and does not correspond to its Articles 19 (part 1) and 55 (parts 2 and 3).

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.