the Case of indefinite disqualifications, the COP started in March this year, according to the complaint gold mining company “Horizon” from the Altai region. For unpaid at the time the rent is 1.2 million rubles, the company made in the Register of unfair tenants of forest plots and buyers of forest plantations maintained as set out in article 98.1 of the Forest code (LC) of the Russian Federation. However, when the debt was discharged, it was found that the law does not contain the rules and procedures of exclusion from the register, so the miners did not help even the trial.
during public hearings, the representatives of the authorities, who took and signed the contested normative act recognized the existence of the problem. So, the Plenipotentiary representative of RF President in the constitutional court Alexander Konovalov gave the analogy of the Water and Land codes of the Russian Federation, where the procedure of doing the same registries described, and the Plenipotentiary of the government Mikhail Barshchevsky – criminal law, where the degree of punishment depends on the severity of the crime. Preparation of decision on the case “Horizon” after hearings took about a month, the proclamation in connection with the recommended regime of self-isolation took place in an online mode.
Natural resources are of special value for present and future generations, therefore, the legal regulation in this sphere should be based on the principle of priority of public interests, the court recalled its decisions of previous years. At the same time, article 55 of the Constitution allows to restrict the rights and freedoms of citizens, including freedom of economic activities only in strictly stipulated cases. The introduction of unfair tenants of forest plots in a special register cannot be considered as a violation of this article, because it is not a measure of legal liability, but only shows the existence of the additional risk the signing of new agreements with the tenant – debtor. However, the inclusion in the “black list” deprives the company of the right to participate in tenders and auctions.
– the Applicant did not challenge the jurisdiction of the registry it is cared how long can be stay in it, – said the judge-Rapporteur on the case of Sergey Knyazev. – The COP taking a decision, guided by how such regulation meets the criteria of fairness, proportionality and feasibility.
Land and Water codes provide that the entrepreneur enters in the register of unfair users for a period of two years. KS highlighted that tenants of forest plots can be set to a different time. However, until 1 January 2021, they must be defined – the corresponding rate FC of the Russian Federation recognised not corresponding Constitution of the Russian Federation. After this case, “Horizon” is subject to revision.
