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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 8, 2010 No. 13-P

On the case of check of constitutionality of item 4 of Article 292 of the Civil code of the Russian Federation in connection with the claim of the citizen V. V. Chadayeva

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, V. G. Strekozov,

with participation of the representative citizen V. V. Chadayeva - the lawyer V. S. Tsvil, 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, Article part one 21, 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 item 4 of Article 292 of Civil Code of the Russian Federation in open session.

Reason for consideration of the case was the claim of the citizen V. V. Chadayeva. 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 the declarant.

Having heard the message of the judge-speaker N. V. Seleznyov, explanation of the agents of the parties, performance invited in meeting of the Comissioner for the President of the Russian Federation by the rights child P. A. Astakhov and also representatives: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Ministry of Justice of the Russian Federation - V. V. Karpova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Federal Law of December 30, 2004 N 213-FZ "About modification of part one of the Civil code of the Russian Federation" (Item 2 of Article 1) was reworded as follows item 4 of Article 292 of Civil Code of the Russian Federation regulating the rights of members of the family of the owner of premises: alienation of premises in which the members of the family of the owner of these premises or minor members of the family of the owner who were left without parent care who are under guardianship or custody live (what the guardianship and custody body knows of) agrees to the regulation containing in it if at the same time the rights or interests of specified persons protected by the law are affected, it is allowed with the consent of guardianship and custody body.

1.1. The declarant on this case citizen V. V. Chadayeva, 1993 year of birth, since 1997 lived with parents in the apartment belonging on the property right to her father. In 2007 the apartment was sold to the citizen M. Ya. Velgan who in turn in 2008 sold it to the citizen V. E. Skornyakova.

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