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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 26, 2016 No. 13-P

On the case of check of constitutionality of Item 18 of part 1 of Article 14 and Item 14 of part 1 of article 15 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 "Neryungrinsky 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",

considered in meeting without carrying out hearing case on check of constitutionality of Item 18 of part 1 of Article 14 and Item 14 of part 1 of article 15 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation".

Reason for consideration of the case was the claim of administration of the municipality "Neryungrinsky District". The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed in the claim of legislative provision.

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 18 of part 1 of Article 14 and Item 14 of part 1 of article 15 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" (in the edition operating before entry into force of the Federal Law of December 29, 2014 with No. 458-FZ) to questions of local value of the residential location belongs the organization of collection and export of household waste and garbage, and to questions of local value of the municipal district - the organization of utilization and conversion of household and industrial wastes.

1.1. Constitutionality of the called legislative provisions is disputed by administration of the municipality "Neryungrinsky District" to which the decision of Neryungrinsky city court of the Republic of Sakha (Yakutia) of September 12, 2014 left without change appeal determination of judicial board on civil cases of the Supreme Court of the Republic of Sakha (Yakutia) of November 17, 2014 in the claim of the prosecutor of the city of Neryungri of the Republic of Sakha (Yakutia) assigned obligation to liquidate unauthorized dump of household waste on the site of the lands of forest fund located in the territory of this municipality (originally the claim was made to administration of this municipal district of the residential location which is part "Settlement of Berkakit"). By determination of the Supreme Court of the Republic of Sakha (Yakutia) of April 23, 2015 it is refused transfer of the writ of appeal of the defendant for consideration in judicial session of court of cassation instance.

In case of adoption of these decisions courts recognized that owing to Item 18 of part 1 of Article 14 and Item 14 of part 1 of article 15 of the Federal law "About the General Principles of the Organization of Local Self-government in the Russian Federation" the organization of collection and export of household waste and garbage treats questions of local value of the municipal district, and therefore if the owner of this household waste cannot be established, local government bodies of the respective municipality shall perform liquidation of the unauthorized dump of household waste located in its territory, including on lands of forest fund. The defendant's argument that the obligation on the organization of collection and export of household waste from the parcel of land which is relating to lands of forest fund and being in federal property shall be assigned to state governmental agency of the Republic of Sakha (Yakutia) "Neryungrinsky forest area" was rejected by courts as based on incorrect interpretation of regulations of the current legislation.

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