of April 18, 2006 No. 119-O
About refusal in acceptance to consideration of the claim of Elegiya limited liability company to violation of constitutional rights and freedoms Item 2 of article 43 of the Federal law "About Privatization of the State-owned and Municipal Property"
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin, N. V. Seleznyov, A.YA. Plums, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,
having considered upon the demand of Elegiya LLC question of possibility of adoption of its claim to consideration in meeting of the Constitutional Court of the Russian Federation, established:
1. The resolution of April 13, 2004 the Federal Arbitration Court of the Northwestern Federal District left without change the decision and the resolution of Arbitration Court of St. Petersburg and the Leningrad region by which it is refused satisfaction of the claim of Elegiya LLC to public institution on transactions "Fund of property of St. Petersburg" about compulsion to sign the purchase and sale agreement of the non-residential premise with property. Being guided by Item 2 of article 43 of the Federal law "About Privatization of the State-owned and Municipal Property", the court of cassation instance specified that the draft agreement of purchase and sale before entry into force of the specified Federal Law to the defendant did not go, and the request for privatization the offer is not, and, therefore, the bases for application of earlier existing legislation on privatization are absent.
In the claim in the Constitutional Court of the Russian Federation Elegiya LLC asks to recognize not to the relevant articles 8 (part 2), 15 (parts 1, 2 and 3), 34 (part 1), 35 (parts 1 and 3), 54 (part 1) and 55 (parts 2 and 3) Item 2 of article 43 of the Federal law "About Privatization of the State-owned and Municipal Property" according to which from the effective date this Federal Law sale of the state-owned and municipal property is performed in the procedure provided by it, except as specified, if before the specified date the information message is placed in accordance with the established procedure or the offer for the conclusion of the transaction of privatization of the state-owned or municipal property is otherwise sent to the Constitution of the Russian Federation; based on such information message or the offer shall consist in these cases of the transaction according to earlier existing legislation of the Russian Federation on privatization.
The applicant believes that the called legislative provision requires to stop earlier initiated privatization legal relationship that violates its right to completion of acquisition of rented non-residential premises in property.
The secretariat of the Constitutional Court of the Russian Federation according to the procedure of part two of article 40 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" notified the applicant earlier that its claim does not conform to requirements of the called Federal constitutional Law.
2. Constitutional court of the Russian Federation, having studied the materials provided to Elegiya LLC, does not find the bases for adoption of its claim to consideration.
The right to the privatization caused by transition to variety of patterns of ownership which are recognized and protected in the Russian Federation similarly (article 8 part 2, Constitutions of the Russian Federation) is not among constitutional - it is regulated by the federal legislator. At the same time, affirming this right in the Federal Law, the state shall provide possibility of its realization so that in case of cession of property in property to subjects of private law the corresponding guarantees fixed by the Constitution of the Russian Federation were observed.
For the purpose of protection of the rights of subjects which according to former legal regulation had the right to privatization of the state-owned or municipal property, ensuring the principle of equal access to privatization, the new legislation on privatization provides number of guarantees of its realization.
Item 2 of article 43 of the Federal law "About Privatization of the State-owned and Municipal Property", being transitional provision and establishing coverage of the new legislation on privatization in time, regulates privatization process completion which to the introduction of this Federal Law in force was initiated by placement in accordance with the established procedure of the information message or otherwise the directed offer for the conclusion of the transaction of privatization of the state-owned or municipal property. As the general rule this transitional provision extends to all privatization methods provided earlier, except for for what others are established, special, governed.
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