the Initiator of the appeal to higher legal authority of the country made gold mining company “Horizon” in the Amur region. It owed the rent for the forest land required for the development of mineral resources, more than 1.2 million rubles.
Russian constitutional court has protected the rights of owners of land within the boundaries of the object culture
the lease was terminated, and the company is included 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. But when the debt was repaid in full, including interest, “Horizon” was not able to return to work. The reason – a number of changes in the legislation result in “lost” the mechanism of exclusion from the registry.
the fact that in the edition of the code 2017 article contained the provision, identify the order of the lists of unfair tenants of the authority of the government. But then, this part was excluded, and “currently, the law lacks the ability to exclude individuals from the registry”, listed in the complaint. Leaned on it Arbitration court, in ruling on the case “Horizon”.
– we Believe that the indefinite deprivation of the opportunity to use forests is a disproportionate punishment for the breach of civil liabilities and does not correspond to articles 19 and 55 of the Constitution of the Russian Federation, – stated in the complaint of the miners.
the Forest as public property of the peoples of Russia, is the Federal property of a special kind
representatives of the authorities, who took and signed the contested normative act, in General agreement with the applicants. As noted by the representative of the State Duma of the Russian Federation Marina Bespalov, the legislator has the right to regulate economic relations in the sphere of forest management up to a total ban. After all, “forest as a public asset of the peoples of Russia is a Federal property of a special kind”. But it is necessary to consider other aspects. For example, the fact that the Land and Water codes of the Russian Federation contain articles regulating the same registers and the exclusion of them. This reminded the Plenipotentiary of the President in KS Alexander Konovalov.
the constitutional court explained the provision of the law on judicial review
– the Registry is the abolition of the presumption of good faith in a particular area, and in relation to a particular person, he believes. And it can not be of a permanent character, as this generates negative consequences for the offender until the liquidation of the enterprise, which is unacceptable.
With this point of view and agree Barschevsky, who said: “If there is a way to enter, there must be a way to go”. In his speech he drew an analogy with criminal law in which the level of the sanction imposed depends on the severity of the crime. That is, it is necessary to follow the principles of fairness, proportionality and reasonableness of the punishment, the requirement of which is repeatedly emphasized by the Constitutional court.
the COP again will examine the arguments of the parties behind closed doors. The date of proclamation of the decision will be announced later.