of March 29, 2011 No. 2-P
On the case of check of constitutionality of provision of item 4 of part 1 of article 16 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" in connection with the claim of the municipality - the city district "City of Chita"
On behalf of the Russian Federation
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova,
with participation of the representative of the municipality - the city district "City of Chita" - Candidate of Law Sciences D. V. Hodukin, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the representative of Council Federatsiidoktor of jurisprudence of E. V. Vinogradova,
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 provision of item 4 of part 1 of article 16 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" in open session.
Reason for consideration of the case was the claim of the municipality - the city district "City of Chita". 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 applicant.
Having heard the message of the judge-speaker N. S. Bondar, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - V. V. Karpova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:
1. The applicant on this case municipal obrazovaniyegorodsky the district "City of Chita" disputes constitutionality of item 4 of part 1 of article 16 of the Federal Law of October 6, 2003 N 131-FZ "About the general principles of the organization of local self-government in the Russian Federation" which to questions of local value of the city district carries the organization in borders of the city district electro-, warm, gazo-and water supply of the population, water disposal, supply of the population with fuel.
1.1. The decision of Arbitration Court of the Chita region of June 29, 2009 (it is left without change the resolution of Federal Arbitration Court of the East Siberian Federal District of September 16, 2009) for benefit of federal state unitary enterprise "88th central automobile repair plant" of the Ministry of Defence of the Russian Federation as the organization performing production and distribution of heat energy from the municipality - the city district "City of Chita" claimed damages in the form of difference between approved by Regional Tariff Service and to pricing of Zabaykalsky Krai economically reasonable rate for development of heat energy and the rate for its consumption for the population which did not provide to the power producer absolute expense recovery. By determination of the Supreme Arbitration Court of the Russian Federation of January 11, 2010 case referral in Presidium of the Supreme Arbitration Court of the Russian Federation for review according to the procedure of supervision it is refused.
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