On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 4, 2015 No. 13-P

On the case of check of constitutionality of provisions of article 31.1 of the Federal law "About State Registration of the Rights to Real Estate and Transactions with It" in connection with the claim of citizens V. A. Knyazik and P. N. Puzyrin

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, O. S. Hokhryakova, V. G. Yaroslavtsev,

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, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of provisions of article 31.1 of the Federal law "About State Registration of the Rights to Real Estate and Transactions with It".

Reason for consideration of the case was the claim of citizens V. A. Knyazik and P. N. Puzyrin. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

Having heard the message of the judge-speaker G. A. Gadzhiyev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 31.1 of the Federal Law of July 21, 1997 No. 122-FZ "About state registration of the rights to real estate and transactions with it" the owner of premises who has no right to request from it the fair acquirer and also the fair acquirer whom the premises were requested has the right to one-time compensation for the account of treasury of the Russian Federation (Item 1); compensation, stipulated in Item 1 this Article, is paid if for the reasons which are not depending on specified persons according to the judgment which took legal effect about compensation by it of the harm done as a result of loss of the property specified in this Article, collection according to the executive document was not made within one year from the date of the beginning of calculation of term for presentation of this document to execution; the amount of this compensation is estimated from the amount constituting the actual damage, but cannot exceed one million rubles (Item 2); the payment procedure the Russian Federation of compensation, stipulated in Item 1 this Article, is established by the Government of the Russian Federation (Item 3).

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