On behalf of the Russian Federation
of October 13, 2015 No. 26-P
On the case of check of constitutionality of Item 24 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 administration of the municipality "North Ural City District"
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",
Reason for consideration of the case was the claim of administration of the municipality "North Ural City District". 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 the claim.
Having heard the message of the judge-speaker N. S. Bondar, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
established:
1. According to Item 24 of part 1 of article 16 of the Federal Law of October 6, 2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation" belongs to questions of local value of the city district the organization of collection, export, utilization and conversion of household and industrial wastes.
1.1. The North Ural city court of Sverdlovsk region the decision of December 18, 2013 left without change appeal determination of judicial board on civil cases of the Sverdlovsk regional court of February 27, 2014 satisfied claims of the prosecutor of the city of Severouralsk about assignment on administration of the municipality "North Ural City District" of obligation on liquidation of the unauthorized dump of solid household and building wastes located in the territory of the Peter and Paul local forest area of state governmental agency "Karpinsky Forest Area". By determination of the Sverdlovsk regional court of April 29, 2014 and determination of the Supreme Court of the Russian Federation of August 4, 2014 it is refused transfer of writs of appeal of the defendant for consideration in judicial session of courts of cassation instance. The North Ural city court of Sverdlovsk region the decision of July 15, 2014 satisfied also claims of the prosecutor of the city of Severouralsk about assignment on administration of the municipality "North Ural City District" of obligation to make liquidation of unauthorized warehousing of solid household and building wastes on other sites of the territory of the Peter and Paul local forest area.
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