DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 18, 2006 No. 119-O

About refusal in acceptance to consideration of the claim of Elegiya limited liability company to violation of constitutional rights and freedoms Item 2 of article 43 of the Federal law "About Privatization of the State-owned and Municipal Property"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin, N. V. Seleznyov, A.YA. Plums, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having considered upon the demand of Elegiya LLC question of possibility of adoption of its claim to consideration in meeting of the Constitutional Court of the Russian Federation, established:

1. The resolution of April 13, 2004 the Federal Arbitration Court of the Northwestern Federal District left without change the decision and the resolution of Arbitration Court of St. Petersburg and the Leningrad region by which it is refused satisfaction of the claim of Elegiya LLC to public institution on transactions "Fund of property of St. Petersburg" about compulsion to sign the purchase and sale agreement of the non-residential premise with property. Being guided by Item 2 of article 43 of the Federal law "About Privatization of the State-owned and Municipal Property", the court of cassation instance specified that the draft agreement of purchase and sale before entry into force of the specified Federal Law to the defendant did not go, and the request for privatization the offer is not, and, therefore, the bases for application of earlier existing legislation on privatization are absent.

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