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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 14, 2008 No. 7-P

On the case of check of constitutionality of paragraph two of article 1 of the Federal law "About Gardening, Gardening and Country Non-commercial Associations of Citizens" in connection with claims of number of citizens

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman - the judge 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 citizen Yu. I. Shulevki, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of paragraph two of article 1 of the Federal law "About Gardening, Gardening and Country Non-commercial Associations of Citizens" in open session.

Reason for consideration of the case were claims of citizens T. I. Bulakh and V. D. Sukachyova, G.F. Shulevki and I. V. Shulevki, and also A. Yu. Shulevki, I. B. Shulevki and Yu. I. Shulevki. 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 legislative provision disputed by applicants.

As all three claims 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 claims in one production.

Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of agents of the parties, expert opinions - Candidate of Law Sciences V. N. Litovkin and the doctor of jurisprudence L. V. Shchennikova, performance the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - V. V. Napisanova, from the Federal Migration Service - V. A. Kalanda, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. The paragraph two of article 1 of the Federal Law of April 15, 1998 N 66-FZ "About gardening, gardening and country non-commercial associations of citizens" determines the garden parcel of land as the parcel of land provided to the citizen or acquired by it for cultivation of fruit, berry, vegetable, melon or other crops and potatoes, and also for rest (with the right of construction of residential building without the right of registration of accommodation in it and economic structures and constructions).

Applicants on this case are citizens T. I. Bulakh, V. D. Sukachyov, A. Yu. Shulevka, G.F. Shulevka, I. B. Shulevka, I. V. Shulevka and Yu. I. Shulevka ask to recognize the called legislative provision with reference to which courts of law refused satisfaction of their requirements about recognition illegal refusal of the Office of the Federal Migration Service across Krasnodar Krai in registration at the place of residence in the residential buildings built on belonging to them the garden parcels of land which is not corresponding Articles 15 (part 1), 18, of 19, of 27, 35 (part 2), 39 (part 1), 40 and 41 (part 1) to the Constitution of the Russian Federation.

1.1. Based on the acceptance act in operation of the residential building finished with construction consisting of four rooms, living space of 76,6 of sq.m and total area of 238,9 of sq.m to the address: the city of Krasnodar, the Prikubansky intracity district, gardening partnership "Veteran", Ulitsa Orekhovaya, house N 488, and the relevant resolution of the head of administration of the district of February 4, 2005 the citizen Yu. I. Shulevka received the certificate on state registration of the property right to the specified residential building which is located on the garden parcel of land and in which he lives together with members of the family and parents.

Citizens T. I. Bulakh and V. D. Sukachyov since 1998 constantly live in the house located on the garden parcel of land N 134 down the street Garden in gardening partnership "Pilot" (the settlement of Afipsky of the Seversk district of Krasnodar Krai) Ploshchad 56,8 of sq.m which is accepted in operation in 2001 and belongs to V. D. Sukachyov according to the certificate on state registration of the property right.

The specified residential buildings are, according to applicants, the residence and, therefore, the single place, unique for them, where they can be registered; lack of registration at the place of residence deprives of them opportunity to exercise the constitutional right on social security, including medical care under agreements of compulsory medical insurance, and to use the privileges provided to them.

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