The Constitutional Court allowed free privatize social housing received after March 1, 2005
Posted on Sep 10, 2012
The Constitutional Court declared unconstitutional the rate of housing legislation prohibiting the privatization of social housing, received after March 1, 2005. Another challenged norm legislation repealing free privatization sotszhilya from January 1, 2007, the court upheld. However, the State Duma may extend this period up to 2010.
According to the decree issued a ruling Thursday COP Russia, some articles of the law according to which are not subject to free privatization of dwellings acquired by way of social rent after March 1, 2005, did not comply with the Constitution.
The reason for the consideration of the case was a request of the Supreme Court and the complaint Muscovite disabled World War Haidar Orlov. In April 2005, he received from the city apartment, but the privatization of the veteran was denied on the basis of the Housing Code. Eagles considered it a violation of their rights and freedoms guaranteed by the Constitution.
The applicant pointed out that according to the Constitution in Russia should not make laws, abrogate or derogate from the rights and freedoms of the individual. He also noted that the said provisions of the law contrary to the constitutional requirements of justice and put citizens who received housing after January 1, 2005, at a disadvantage compared to those who received the house earlier on the same grounds. That
have violated the constitutional principle of equality of all before the law.
Satisfy the request in this part, the COP considered unrepugnant Basic Law provision of housing legislation, according to which the free privatization of dwellings or public housing community is prohibited from 1 January 2007.
According to the representative of the Supreme Court of Russia Valentin Yershov, this provision is also contrary to this provision of the Constitution, but the Supreme Court arguments COP agreed.
The Ministry of Justice on the matter took a compromise position. Completely abandon the ban on free privatization is impossible, but it should extend the free privatization of housing until 2010. As stated at the end of 2005 and Head of the Justice Ministry in Moscow Alexander Buksman, until 31 December 2006, “everyone will not have time to make their homes in the free property.”
According to him, in 2005 the number of applicants for free privatization has almost seven and a half times. He noted that these data are problematic megalopolis, first of all, to Moscow. In his opinion, “the paperwork everyone until the end of 2006 will be technically feasible, and who do not have time, will arrange for the property is already a lot of money.”
Now, the state takes over the transmission housing to private ownership fee of 500 rubles, he recalled. After the ban on the entry into force of free privatization for the same will have to pay up to 70% of the purchase price.
Draft amendments to the Housing Code including a ban on the transfer of free privatization of up to 1 January 2010 is being considered by the State Duma.