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​On 5 October 2021, the Constitutional Court of the Russian Federation held an open hearing of the case on review of constitutionality of Article 392, part four, item 6 of the CPC RF; Article 222 item 1 of the CC RF; and Article 32 of Gas Supply Act
On 5 October 2021 the Constitutional Court of the Russian Federation held an open hearing of the case on review of constitutionality of Article 392, part four, item 6 of the Civil Procedural Code of the Russian Federation; Article 222 item 1 of the Civil Code of the Russian Federation; and Article 32 of the Federal Law “On Gas Supply in the Russian Federation”. The consideration of case was initiated by the complaint of citizen Yu.Tikhonov.

Factual Background
Yu.Tikhonov owns six hundred square meters in a gardening community near Sergiyev Posad. There is a house on his land plot (constructed in 1975), some utility constructions, a greenhouse and a fence. Recently it has become known to the applicant that all these constructions are subject to demolition ithout any compensation, since they were constructed without approval of the organisation exploiting the object belonging to the system of gas supply. The courts confirmed the necessity of these measures pointing out that the constructions represent danger to life and health of citizens and their property; the applicant’s arguments that he did not know of any limitations with regard to using his land plot were dismissed.

Position of the Applicant
The applicant believes that the challenged provisions are not in conformity with articles 8 (part 2), 15 (part 3), 19 (parts 1 and 2), 35 (parts 1-3), 40 (part 1) and 54 of the Constitution of the Russian Federation. These norms do not allow for review in view of new circumstances (due to changing the grounds for recognition of buildings as unauthorised structure by federal law) of judicial decisions on demolition of disputed objects that were taken without consideration of the issue of guilt of the owners of such real estate. Therefore, the owners are deprived of the right to court protection, as well as of the possibility to compensate the damages.

Presiding Judge Valery ZORKIN
Judge Rapporteur Lyudmila ZHARKOVA​

 
04 October 2021



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