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Герб России

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of August 12, 2013 No. AKPI13-697

About refusal in allowance of the application about recognition invalid paragraphs of the third and seventh subitem "an" of Item 5 of Rules of release and implementation of the state housing certificates within implementation of the subprogramme "Accomplishment of the state obligations on provision of housing for categories of the citizens established by the federal legislation" the federal target program "Dwelling" for 2011 - 2015", утв. The order of the Government of the Russian Federation of 21.03.2006 No. 153

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Tolcheev N. K.,

in case of S.'s secretary,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court civil case according to M.'s statement for recognition partially invalid paragraphs of the third and seventh subitem "an" of Item 5 of Rules of release and implementation of the state housing certificates within implementation of the subprogramme "Accomplishment of the state obligations on provision of housing for categories of the citizens established by the federal legislation" the federal target program "Dwelling" for 2011 - 2015, approved by the order of the Government of the Russian Federation of March 21, 2006 No. 153,

established:

the order of the Government of the Russian Federation of March 21, 2006 No. 153 (edition of February 18, 2013) approves Rules of release and implementation of the state housing certificates within implementation of the subprogramme "Accomplishment of the state obligations on provision of housing for categories of the citizens established by the federal legislation" the federal target program "Dwelling" for 2011 - 2015 (further - Rules). The regulatory legal act is published in the editions "Russian Federation Codes", 2006, No. 13, to "The Russian newspaper", on April 5, 2006.

According to the subitem "an" of Item 5 Governed the right to the social payment certified by the certificate, within the subprogramme the staff of law-enforcement bodies of the Russian Federation containing at the expense of means of the federal budget and dismissed from service on reaching them age limit of stay on service, or for health reasons or in connection with organizational and regular actions which general service life in calendar calculation makes 10 years and more has (the paragraph third); the citizens discharged from military service (services) on reaching them age limit of stay on military service (service), or for health reasons or in connection with organizational and regular actions which general duration of military service (service) in calendar calculation constitutes 10 years and more, and the dismissals staying later on the registry needing premises in federal executive body (the paragraph of the seventh).

The m included in 2004 in the summary list of citizens - participants of the subprogramme and dismissed in 2009 from service in law-enforcement bodies of the Russian Federation on the limited state of health, disputed paragraphs of the third and seventh of the subitem "an" of Item 5 of Rules in the Supreme Court of the Russian Federation. Considers them in the part allowing possibility of provision of housing for the citizens falling under action of part 1 of article 4 of the Federal Law of December 8, 2010 No. 342-FZ "About introduction of amendments to the Federal law "About the Status of the Military Personnel" and about ensuring some categories of citizens with premises" (further - the Federal Law of December 8, 2010 No. 342-FZ), by issue of the state housing certificates, contradicting requirements of this Article owing to which issue of the state housing certificates of the specified category of citizens is stopped with provision at their choice of several new (best) methods of receipt of housing. Refers to the fact that the Government of the Russian Federation did not bring disputed regarding the Rule into accord with provisions of the called Federal Law therefore its housing laws are violated. Asks to consider case in its absence.

The Ministry of Regional Development of the Russian Federation which is acting on the basis of the orders of July 9, 2013 on behalf of the Government of the Russian Federation - the interested person on case, in written objections specified that Rules are approved by the supreme executive body of the government of the Russian Federation within its competence, the challenged normative provisions extend to the citizens who are not falling under operation of the Federal Law of December 8, 2010 No. 342-FZ and realization of the rights granted to them do not interfere, do not violate housing laws of the applicant.

Having discussed M.'s arguments, having listened to objections of the representative of the interested person B., having checked the challenged normative provision for compliance to the regulatory legal acts having big legal force, having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Stepanova L. E., believing to refuse allowance of the application, the Supreme Court of the Russian Federation does not find reasons for satisfaction of the declared requirements.

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