On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 25, 2019 No. 12-P

On the case of check of constitutionality of provisions of item 4 of article 24 of the Federal law "About the Status of the Military Personnel" in connection with the claim of the citizen G. V. Zhuravel

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

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, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of provisions of item 4 of article 24 of the Federal law "About the Status of the Military Personnel".

Reason for consideration of the case was the claim of the citizen G. V. Zhuravel. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the declarant of legislative provision.

Having heard the message of the judge-speaker S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to item 4 of article 24 of the Federal Law of May 27, 1998 No. 76-FZ "About the status of the military personnel" members of families of the military personnel, the died (dead) during passing of military service, and members of families of the citizens passing military service under the contract and the died (dead) after dismissal from military service on reaching them age limit of stay on military service, to the state of health or in connection with organizational and regular actions which general duration of military service constitutes 20 years and more have the right to compensation payments on payment, in particular, of total area of the premises occupied by them (in utility rooms - living space), and also hiring, content and repair of premises, and owners of premises and members of building (housing) cooperatives - content and repair of common use facilities in apartment apartment houses (paragraphs two and third).

1.1. Constitutionality of the given legislative provisions is disputed by the citizen G. V. Zhuravel who, being widow of the citizen discharged from military service on reaching age limit of stay on military service in the presence of it the general duration of military service more than 20 years and having on the property right the premises located in the apartment house since April, 2008 receive compensation payments in connection with expenses on payment of premises, utility and other types of service, stipulated in Item 4 articles 24 of the Federal law "About the Status of the Military Personnel". Since September, 2015 the declarant pays fees on capital repairs of common property in the apartment house, however by her in connection with expenses on payment of these fees was refused provision of compensation payments by regional state governmental agency of the Kaliningrad region "Center of social support of the population" according to which the corresponding expenses do not belong to maintenance costs and repair of common use facilities in apartment houses.

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