On behalf of the Russian Federation
of June 25, 2015 No. 17-P
On the case of check of constitutionality of part 3 of article 71 of the Federal law "About Hunting and about Preserving Hunting Resources and about Modification of Separate Legal Acts of the Russian Federation" in connection with request of the Supreme Court 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, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,
with participation of the representative of the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation S. V. Samoylov, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov, 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, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",
considered case on check of constitutionality of part 3 of article 71 of the Federal law "About Hunting and about Preserving Hunting Resources and about Modification of Separate Legal Acts of the Russian Federation" in open session.
Reason for consideration of the case was the request of the Supreme Court of the Russian Federation. 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 in request.
Having heard the message of the judge-speaker S. D. Knyazev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Natural Resources and Environmental Protection of the Russian Federation - S. V. Ivanova, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs - I. A. Neverova, from the All-Russian association of public associations of hunters and fishers "Rosokhotrybolovsoyuz Association" - T. S. Aramileva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 3 of the article 71 "Final provisions" of the Federal Law of July 24, 2009 No. 209-FZ "About hunting and about preserving hunting resources and about modification of separate legal acts of the Russian Federation" legal entities, individual entrepreneurs at whom the right of long-term use by fauna arose based on long-term licenses to use fauna concerning hunting resources about day of entry into force of this Federal Law had the right to sign okhotkhozyaystvenny agreements concerning the hunting grounds specified in agreements on provision in use of the territories or water areas without holding the auction on the right of the conclusion of okhotkhozyaystvenny agreements.
1.1. The protection department, to control and regulation of use of objects of fauna and water biological resources of the Republic of Khakassia to Fart limited liability company granted the long-term license to use fauna objects provided by the Federal Law of April 24, 1995 No. 52-FZ "About fauna" based on which the agreement on provision to society of the territory for use of the fauna objects carried to subjects to hunting, the effective period of 220 568 hectares from September 19, 2008 to September 19, 2018 was signed. According to the lease agreement of the wood lot of May 15, 2009 which was concluded by Fart LLC with the State committee on the wood of the Republic of Khakassia which was acting on the basis of the protocol of auction for sale of the right to the conclusion of the lease agreement of the wood lot of April 30, 2009 society received the wood lot of 215 856 hectares which is in state-owned property located on lands of forest fund in temporary use.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.