of December 4, 2007 No. 947-O-P
According to the claim of the citizen Ryzhkova Natalya Viktorovna to violation of its constitutional rights provision of Item 50 of article 35 of the Federal Law of August 22, 2004 N122-FZ "About modification of legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Laws "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and "About the General Principles of the Organization of Local Self-government in the Russian Federation"
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, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, A.YA. Plums, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,
having heard the conclusion of the judge A.YA. Sliva who was carrying out preliminary studying of the claim of the citizen N. V. Ryzhkova based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:
In the claim in the Constitutional Court of the Russian Federation the citizen N. V. Ryzhkova is the health worker of the military hospital located in the rural zone disputes constitutionality of Item 50 of article 35 of the Federal Law of August 22, 2004 of N122-FZ in this part as believes that specifying only on the specialized federal organizations of health care actually deprives of social support of the health workers of other state organizations of health care working according to the employment contract. According to the declarant, the change of the operating legal regulation performed by the federal legislator in defiance of requirements of articles 19 and 55 of the Constitution of the Russian Federation led to cancellation without equivalent compensation of the military hospitals located in the rural zone, housing-and-municipal privileges which were earlier provided to health workers, having put them in unequal position with the health workers of other organizations of health care working and living in the rural zone.
As appears from the provided materials, N. V. Ryzhkova's N122-FZ is refused by the decision of the Kandalaksha city court of Murmansk region of August 9, 2006 left without change by judicial board on civil cases of the Murmansk regional court with reference to Item 50 of article 35 of the Federal Law of August 22, 2004 preserving privilege in the form of free use of the apartment with heating and lighting which till January 1, 2005 was provided to it based on part two of Article 63 of Bases of the legislation of the Russian Federation on protection of public health.
2. The Federal Law of August 22, 2004, according to its preamble, is accepted by N122-FZ for the purpose of protection of the rights and freedoms of citizens of the Russian Federation and solves problems of ensuring the constitutional principle of equality of rights and freedoms of man and citizen, increase in material wealth of citizens, reductions of system of social protection of citizens which use privileges and social guarantees and to which compensations, in compliance with the principles of the constitutional state with socially oriented market economy are provided; regulations of this Federal Law shall be implemented according to the provisions fixed in preamble and cannot be used for derogation of the rights and legitimate interests of man and citizen.
The Federal Law of August 22, 2004 of N122-FZ as it is specified regarding 1 of its Article 153, within the lasting legal relationship for persons who till January 1, 2005 had right to compensations in natural form or the privileges and guarantees having compensation character, fixed in the regulations cancelled by it cannot be considered as not allowing realization arisen during the specified period of the right to these compensations, privileges and guarantees in the forms and the sizes provided by it. In sense of this Article predetermining development of the legislation in the field of social protection and the state support of citizens and also contents of the corresponding precepts of law, change of procedure for granting of social guarantees shall not lead to cancellation of these guarantees or essential decrease in earlier reached level of their provision (The resolution of the Constitutional Court of the Russian Federation of May 15, 2006 N5-P).
2.1. N122-FZ is performed by the Federal Law of August 22, 2004 review of system of the social guarantees determined as of December 31, 2004 for different categories of citizens that was connected with acceptance within process of differentiation of powers between federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies of the Federal Laws of July 4, 2003 "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and of October 6, 2003 "About the general principles of the organization of local self-government in the Russian Federation".
So, according to Article 63 of Bases in the new edition measures of social support of health workers of the federal specialized organizations of health care are established by the Government of the Russian Federation, the organizations of health care which are under authority of subjects of the Russian Federation - their public authorities, the municipal organizations of health care - local government bodies (parts four - the sixth). Respectively, depending on the accessory located in the rural zone (settlements of city type) of the organization of health care the level of legal regulation of measures of social support of the health workers working and living in the same area shall be determined now that in itself as specified the Constitutional Court of the Russian Federation, does not contradict the constitutional instructions (Determination of July 12, 2006 of N375-O).
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