On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 24, 2015 No. 5-P

On the case of check of constitutionality of article 19 of the Federal law "About Enforcement of the Housing Code of the Russian Federation" in connection with the claim of the citizen A. M. Bogatyrev

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, V. G. Yaroslavtsev,

with participation of representatives of the citizen A. M. Bogatyrev - lawyers A. Yu. Kym and V. S. Romanova, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin, 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 article 19 of the Federal law "About Enforcement of the Housing Code of the Russian Federation" in open session.

Reason for consideration of the case was the claim of the citizen A. M. Bogatyrev. 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 L. O. Krasavchikova, explanation of agents of the parties, performances invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, 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. According to article 19 of the Federal Law of December 29, 2004 No. 189-FZ "About enforcement of the Housing code of the Russian Federation" action of provisions of part 4 of article 31 of the Housing code of the Russian Federation does not extend to the former members of the family of the owner of the privatized premises provided that at the time of privatization of these premises specified persons had the equal rights of use of this room with person privatizing it if other is not established by the law or the agreement.

1.1. The citizen A. M. Bogatyrev disputing constitutionality of the called regulation is owner of three-room apartment in the city of St. Petersburg which was acquired by it based on the purchase and sale agreement signed on November 28, 2012 by results of the biddings selling distrained property between territorial authority of Federal Agency for State Property Management on behalf of the organizer of the biddings - JSC Zaslon and A. M. Bogatyrev as their winner, and the property right to which is registered on February 12, 2013 in the Unified State Register of Rights on real estate and transactions with it.

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