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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 5, 2016 No. 15-P

On the case of check of constitutionality of provision of part one of article 24.18 of the Federal law "About Estimative Activities in the Russian Federation" in connection with the claim of administration of the municipality of the city of Bratsk

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, G. A. Gadzhiyeva, Yu. M. Danilova, 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,

with participation of 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 provision of part one of article 24.18 of the Federal law "About Estimative Activities in the Russian Federation" in open session.

Reason for consideration of the case was the claim of administration of the municipality of the city of Bratsk. 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 K. V. Aranovsky, explanation of the representative of the President of the Russian Federation, speech of the representatives invited in meeting: 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 All-Russian public organization "Russian Society of Appraisers" - S. A. Tabakova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part one of article 24.18 of the Federal Law of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation" results of determination of cadastral cost can be disputed by legal entities if results of determination of cadastral cost affect the rights and obligations of these persons, and also public authorities, local government bodies concerning the real estate objects which are in the state-owned or municipal property, in court and the commission on consideration of disputes on results of determination of cadastral cost.

1.1. The order of the Government of the Irkutsk region of November 15, 2013 No. 517-pp approved results of determination of cadastral cost of the parcels of land as a part of lands of settlements in the territory of the Irkutsk region as of January 1, 2012. JSC Group Ilim, being the owner of one of these parcels of land, addressed to the commission on consideration of disputes on results of determination of cadastral cost under Management of Federal Registration Service across the Irkutsk region with the statement for review of its cadastral cost determined as of the specified date and brought in the State Immovable Property Cadastre in the amount of 7 116 608 240, of 55 rub (taking into account the subsequent adjustment - 7 116 590 597, 28 rub). The decision of the commission of August 7, 2014 by which the cadastral cost of this parcel of land was established in the amount of its market value determined by the valuation report and which made 452 840 000 rub was disputed in the Irkutsk regional court by the administration of the municipality of the city of Bratsk which submitted other valuation report according to which market value of the parcel of land made 1 620 000 000 rub.

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