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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 14, 2009 No. 8-P

"On the case of check of constitutionality of provision of the subitem "b" of item 4 of the order of the Government of the Russian Federation "About Approval of the Procedure for Determination of Payment and Its Extreme Sizes for Pollution of the Surrounding Environment, Placement of Waste, Other Types of Harmful Effects" in connection with request of the Supreme Court of the Republic of Tatarstan"

Constitutional court of the Russian Federation as a part of the chairman - the judge L. O. Krasavchikova, judges N. S. Bondar, G. A. Gadzhiyev, S. D. Knyazev, S. P. Mavrin, Yu. D. Rudkin, A.YA. Plums, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the judge of the Supreme Court of the Republic of Tatarstan R. F. Gafarov,

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, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provision of the subitem "b" of item 4 of the order of the Government of the Russian Federation "About Approval of the Procedure for Determination of Payment and Its Extreme Sizes for Pollution of the Surrounding Environment, Placement of Waste, Other Types of Harmful Effects" in open session.

Reason for consideration of the case was the request of the Supreme Court of the Republic of Tatarstan. 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 normative provision challenged by the applicant.

Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of the agent of the party, made inquiry in the Constitutional Court of the Russian Federation, speech of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Ministry of Justice of the Russian Federation - A. A. Smirnova, from the Ministry of Natural Resources and Environmental Protection of the Russian Federation - A. O. Minyaeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to the subitem "b" of item 4 of the order of the Government of the Russian Federation of August 28, 1992 N 632 "About approval of the Procedure for determination of payment and its extreme sizes for pollution of the surrounding environment, placement of waste, other types of harmful effects" (in edition of the order of the Government of the Russian Federation of December 27, 1994 N 1428) executive bodies of republics within the Russian Federation, edges, areas, cities of Moscow and St. Petersburg, autonomous educations in coordination with territorial authorities of the Ministry of Ecology and Natural Resources of the Russian Federation and the State committee of sanitary and epidemiological surveillance can lower the amount of payment for pollution of the surrounding environment or exempt from it the separate organizations of the social and cultural sphere, and also the organizations financed from the federal budget of the Russian Federation, budgets of subjects of the Russian Federation.

The Supreme Court of the Republic of Tatarstan in which production there is case on the statement of the prosecutor of the Republic of Tatarstan on recognition invalid Item 1 of the resolution of the Cabinet of Ministers of the Republic of Tatarstan of March 30, 2007 N 115 "About release of separate categories of users of nature of the Republic of Tatarstan from payment for negative impact on the environment" disputes constitutionality of the subitem "b" of item 4 of the called order of the Government of the Russian Federation in the part assigning power to executive bodies of subjects of the Russian Federation to exempt the specific organizations from payment for pollution of the surrounding environment.

According to the applicant, the challenged normative provision breaks the constitutional order of use of the environment based that the earth and other natural resources are basis of life and activities of the people living in the corresponding territory, and assuming that the payment for negative impact on the environment is obligatory for all users of nature and by that contradicts Articles 9 (part 1) and 19 (parts 1 and 2) of the Constitution of the Russian Federation.

1.1. Establishment of procedure for determination of payment for pollution of the surrounding environment and the extreme amount of such payment was assigned to the Government of the Russian Federation by article 6 of the Law RSFSR of December 19, 1991 N 2060-I "About protection of the surrounding environment". The Federal Law existing now of January 10, 2002 N 7-FZ "About environmental protection" (in editions of the Federal Law of December 30, 2008 N 309-FZ) by which the Law RSFSR "About protection of the surrounding environment" is declared invalid, also provides that the procedure for calculation and collection of payment for negative impact on the environment is established by the Government of the Russian Federation.

The resolution "About Approval of the Procedure for Determination of Payment and Its Extreme Sizes for Pollution of the Surrounding Environment, Placement of Waste, Other Types of Harmful Effects", thus, is accepted the Government of the Russian Federation in pursuance of the power assigned to it by directly Federal Law on the question which did not receive in the most Federal Law of informative regulation and based on this authorization the Government of the Russian Federation performed legal regulation of the corresponding public relations.

In such cases - owing to the legal line item stated by the Constitutional Court of the Russian Federation in a number of decisions including in the Resolution of January 27, 2004 N 1-P, - check by the Constitutional Court of the Russian Federation of the regulation of the Government of the Russian Federation on its compliance to the Constitution of the Russian Federation both on content of regulations, and from the point of view of differentiation of competence between federal bodies of legislative and executive power can take place in procedure of hearing of cases for requests of the courts which appealed to the Constitutional Court of the Russian Federation in connection with consideration of specific case, and therefore the request of the Supreme Court of the Republic of Tatarstan can be recognized as admissible.

1.2. Thus, subject of consideration of the Constitutional Court of the Russian Federation of this case is the provision of the subitem "b" of item 4 of the order of the Government of the Russian Federation "About Approval of the Procedure for Determination of Payment and Its Extreme Sizes for Pollution of the Surrounding Environment, Placement of Waste, Other Types of Harmful Effects" which the Government of the Russian Federation granted to executive bodies of subjects of the Russian Federation the right to exempt (in the presence of necessary approvals) from payment for pollution of the surrounding environment the separate organizations of the social and cultural sphere, and also the organizations financed from the federal budget and budgets of subjects of the Russian Federation.

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