RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 10, 2009 No. 17-P

On the case of check of constitutionality of Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 No. 122-FZ) in connection with request of the Kurchatov city court of Kursk region and claims of citizens A. V. Zhestikov and P. U. Myagchilo

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman - the judge N. V. Seleznyov, judges Yu. M. Danilov, Yu. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, N. V. Melnikov, V. G. Strekozov,

with participation of the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ).

Reason for consideration of the case were the request of the Kurchatov city court of Kursk region and the claim of citizens A. V. Zhestikov and P. U. Myagchilo. 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 applicants of legislative provision.

As the request of court and the claim of citizens concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker L. M. Zharkova, explanation of the agent of the party who published and signed the disputed act, speeches of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Ministry of Justice of the Russian Federation - A. A. Smirnova, from the Ministry of Finance of the Russian Federation - S. V. Yachevskoy, from the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response - T. A. Marchenko, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. The law of the Russian Federation of May 15, 1991 N 1244-I "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in editions of the Federal Law of November 24, 1995 N 179-FZ) for the disabled people owing to the Chernobyl catastrophic crash needing improvement of housing conditions provided one-time free providing with well-planned living space within three months from the date of filing of application, and also one-time free providing with additional living space in the form of the certain room (Item 3 parts one of Article 14); for the participants of mitigation of consequences of the Chernobyl catastrophic crash needing improvement of housing conditions first-priority one-time free providing with well-planned living space was provided (Item 3 parts one of Article 15).

On January 1, 2005 the Federal Law of August 22, 2004 N 122-FZ "About modification of legal acts of the Russian Federation and recognition voided some legal acts of the Russian Federation in connection with adoption of the Federal Laws "About modification and amendments in the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and "About the General Principles of the Organization of Local Self-government in the Russian Federation" by which articles 14 and 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" were reworded as follows (Items 8 and 9 of Article 3) became effective.

Applicants on this case - the citizen P. U. Myagchilo who is the disabled person owing to the Chernobyl catastrophic crash, the citizen A. V. Zhestikov who is the participant of mitigation of consequences of the Chernobyl catastrophic crash and the Kurchatov city court of Kursk region in which production there is case on the claim of the citizen N. A. Litavrin who is the participant of mitigation of consequences of the Chernobyl catastrophic crash dispute constitutionality of the normative regulation containing in Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" in the editions of the Federal Law of August 22, 2004 N 122-FZ according to which and the citizens who were taking part in mitigation of consequences of the Chernobyl catastrophic crash, registered till January 1, 2005 providing with living space in the sizes and procedure established by the Government of the Russian Federation is guaranteed to the disabled people needing improvement of housing conditions owing to the Chernobyl catastrophic crash and which were registered after January 1, 2005 are provided with living space according to the housing legislation of the Russian Federation.

1.1. On September 18, 2006 by the head of Zhiryatinsky rural administration of Zhiryatinsky district of the Bryansk region to the citizen P. U. Myagchilo recognized as the disabled person owing to the Chernobyl catastrophic crash since September 14, 2005 it was refused registration for the purpose of providing with premises at the expense of means of the federal budget according to the procedure, provided by the order of the Government of the Russian Federation of December 29, 2004 N 866, accepted in pursuance of instructions of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (edition of the Federal Law of August 22, 2004 N 122-FZ), namely by provision of subsidy for acquisition of housing within the federal target program "Dwelling" for 2002-2010. On accounting of the housing conditions needing improvement it was accepted on June 1, 2007 and delivered in general queue.

The applicant asks to recognize not corresponding to the Constitution of the Russian Federation, its Articles 18, 19 (part 1), 40 (part 1), 42, 45 (part 1), 55 (parts 2 and 3) and 56 (part 3), Item 2 parts one of article 14 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ) in that measure in what it limits the right of the disabled people owing to the Chernobyl catastrophic crash accepted on accounting of the housing conditions needing improvement after January 1, 2005 to receipt of housing at the expense of means of the federal budget as it is provided for those who are accepted on accounting before the specified date.

1.2. The citizen A. V. Zhestikov after moving in 2000 from the Republic of Kazakhstan on permanent residence to the Russian Federation lodged together with family of four people in the settlement Brave Bagrationovsky district of the Kaliningrad region in the house in living space of 40 sq.m belonging to mother of his wife. In November, 2000 he addressed to administration of the Nivensky rural district of Bagrationovsky district of the Kaliningrad region with the statement for its statement as the participant of mitigation of consequences of the Chernobyl catastrophic crash having the right to first-priority provision of housing, to accounting of the housing conditions needing improvement. However it to A. V. Zhestikov it was refused with reference to the fact that, having sold in September, 2000 the two-room apartment belonging to it on the property right still to the residence, it intentionally worsened the housing conditions for the purpose of receipt of new housing. The housing conditions needing improvement by means of provision of premises under the agreement of social hiring the applicant was registered on December 30, 2005. The ministry of social policy and work of the Government of the Kaliningrad region refused to it provision of the state housing certificate, and the Bagrationovsky district court of the Kaliningrad region the decision of October 19, 2007 validated this refusal.

The applicant asks to recognize not to the relevant articles 7, of 19, 40 and 55 Constitutions of the Russian Federation Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ) in that measure in what it cancels privileges on provision of housing to the participants of mitigation of consequences of the Chernobyl catastrophic crash accepted on accounting of the housing conditions needing improvement after January 1, 2005 that puts them in unequal position with citizens of the same category who were accepted on accounting till January 1, 2005.

1.3. The city administration of Kurchatov of Kursk region refused to the citizen N. A. Litavrin allowance of the application about issue of the state housing certificate on obtaining at the expense of means of the federal budget of subsidy for acquisition of premises with reference to the fact that it is registered as the person in need in improvement of housing conditions on July 6, 2007 and has no right to providing with living space according to the procedure and on the conditions determined by the Government of the Russian Federation for persons who were taking part in mitigation of consequences of the Chernobyl catastrophic crash.

The Kurchatov city court of Kursk region where N. A. Litavrin addressed with the claim city administration of Kurchatov, suspended proceeedings and sent to the Constitutional Court of the Russian Federation inquiry for check of constitutionality of Item 9 of article 3 of the Federal Law of August 22, 2004 N 122-FZ which reworded as follows article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP". As affirms as request, the disputed regulation deprives of persons from among participants of mitigation of consequences of the Chernobyl catastrophic crash, the registered persons in need in improvement of housing conditions after January 1, 2005, the right to provision of housing on favorable terms by provision of the state housing certificate that does not correspond to the Constitution of the Russian Federation, its Articles 1 (part 1), 2, 6 (part 2), 7, of 18, of 19, 40 (part 3) and 55 (parts 2 and 3).

1.4. Owing to requirements of Articles 74, of 96, of 97, 101 and 102 Federal constitutional laws "About the Constitutional Court of the Russian Federation" the Constitutional Court of the Russian Federation according to claims of citizens to violation of their constitutional rights and requests of courts accepts the resolution only in the subject specified in the address concerning those legislative provisions which constitutionality is called in question and which are applied or are subject to application in specific case, considering the place of the disputed legislative provisions in system of legal acts.

Proceeding from it subject of consideration of the Constitutional Court of the Russian Federation of this case are Item provisions 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ) in that measure in what they in interrelation with the existing housing legislation of the Russian Federation for the housing conditions of citizens needing improvement - disabled people owing to the Chernobyl catastrophic crash and participants of mitigation of consequences of the Chernobyl catastrophic crash depending on acceptance date on accounting establish different forms of providing with premises in this connection for those from them who was accepted on accounting after January 1, 2005, the possibility of obtaining at the expense of means of the federal budget of social payment is not provided (housing subsidy, subsidies) for acquisition of housing based on orders of the Government of the Russian Federation as it is provided in the relation of those citizens of this category who were accepted on accounting till January 1, 2005.

2. The constitution of the Russian Federation proclaims the person, its rights and freedom the supreme value, and their recognition, observance and protection - obligation of the state (Article 2). The right to health protection, and also the right to the favorable environment and to compensation of the damage caused to health or property of citizens by environmental offense (articles 41 and 42 of the Constitution of the Russian Federation) to which the obligation of the state corresponds to provide ecological wellbeing by environmental protection, prevention of ecologically dangerous activities, the prevention and mitigation of consequences of accidents and catastrophic crashes, including radiation belong to number constitutionally of the recognized and protected rights and freedoms of man and citizen.

Within realization of this obligation according to the purposes of policy of the Russian Federation as social state (article 7 of the Constitution of the Russian Federation) at the legislative level the system of measures of social protection of persons which were affected by radiation owing to the emergency situations of natural and technogenic nature including injured with catastrophic crash on the Chernobyl NPP - the technogenic accident of the 20th century, extraordinary on the effects, which led to incalculable ecological and humanitarian losses is developed.

Estimating constitutionality of the legislation regulating questions of the indemnification caused owing to the Chernobyl accident, the Constitutional Court of the Russian Federation came to conclusion that the state with which activities in the field of development and use of nuclear energy causing this harm is connected when electing methods of its compensation shall be guided by the requirements following from Articles 2, 19 and 42 Constitutions of the Russian Federation which cornerstone recognition as the constitutional value of life and health having equal, identical value for all citizens injured with the Chernobyl catastrophic crash is.

As specified the Constitutional Court of the Russian Federation, the harm done to citizens owing to the Chernobyl catastrophic crash proceeding from its scales and number of victims, is really irreplaceable and it cannot be compensated according to the procedure, established by civil, administrative, penal and other industry legislation and consequently, the state, having assumed obligation on compensation of such harm by provision of monetary and other material compensations, surcharges to social payments and privileges, shall aim at perhaps its more full recovery; besides, this obligation of the state is caused also by the actual impossibility of compensation of such harm in regular court which would shall provide to the victims complete recovery of their violated rights.

Follows from the given legal line items expressed by the Constitutional Court of the Russian Federation in resolutions of December 1, 1997 N 18-P and of June 19, 2002 N 11-P that indemnification, caused to citizens owing to the Chernobyl catastrophic crash, is performed by special legal regulation for the purpose of creation - on the basis of the principle of the greatest possible use by the state of the available means - the compensation mechanism providing measures of social protection both in cash and in natural form (material compensations, privileges, etc.).

Such system of social protection is provided by the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" and includes different types of money payments (monthly money payment; compensations for harm to health, on improvement, on acquisition of food products; compensations working or performing business activity in zones of radioactive pollution; payments in the increased size of pensions and benefits, etc.) and the measures of social support established in addition to them which are directed to creation for injured citizens of optimum (preferential) sales terms of the specific rights and access to the socially important benefits and services in the field of medical, transport, housing-and-municipal and social attendance, provision of medicines, assistance of employment and education to make for them effects of the Chernobyl catastrophic crash less notable.

3. The constitution of the Russian Federation, proclaiming the Russian Federation the social state which policy is directed to creation of the conditions providing worthy life and free development of the person (Article 7), does not establish specific methods and amounts of the social protection provided to these or those categories of citizens. The solution of these questions as repeatedly specified the Constitutional Court of the Russian Federation, is prerogative of the legislator who has rather broad freedom of discretion in case of determination of measures of social protection, the choice of criteria of their differentiation, regulation of conditions of provision; he has the right to choose and change also forms (methods) of their provision - cash or natural.

In case of establishment of the corresponding legal regulation and entering of changes into it the legislator shall observe the constitutional principles of equality and justice, maintenance of trust of citizens to the law and actions of the state and to recognize that owing to Article 55 (part 3) of the Constitution of the Russian Federation distinctions in sales terms separate categories of citizens of this or that right are admissible if they are objectively justified, reasonable and pursue constitutionally the significant aims, and legal means used for achievement of these purposes are proportional to them (resolutions of the Constitutional Court of the Russian Federation of May 24, 2001 N 8-P and of April 5, 2007 N 5-P, Determination of the Constitutional Court of the Russian Federation of December 27, 2005 N 502-O).

3.1. The law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" in the edition operating before entry into force of the Federal Law of August 22, 2004 N 122-FZ provided for disabled people owing to the Chernobyl catastrophic crash one-time free providing irrespective of time of permanent residence in this settlement with well-planned living space within three months from the date of filing of application on condition of recognition them needing improvement of housing conditions or accommodation in communal flats, and also one-time free providing with additional living space in the form of the certain room; for the participants of mitigation of consequences of the Chernobyl catastrophic crash needing improvement of housing conditions first-priority one-time free providing with well-planned living space was provided. On the basis of the called Law were developed by the Government of the Russian Federation the Federal target program for provision of housing for participants of recovery from the accident on the Chernobyl NPP in 1995-1997 (the order of the Government of the Russian Federation of May 24, 1995 N 511), acting till 2001, and the Federal target program "Dwelling" for 2002-2010 (the order of the Government of the Russian Federation of September 17, 2001 N 675).

Such regulation aimed at creation for this category of citizens of preferential terms of realization of constitutional right on the dwelling, and as the basis for free extraordinary or first-priority provision of housing at the expense of means of the federal budget availability at the citizen of special legal status of the victim of impact of radiation in connection with the Chernobyl catastrophic crash which, in turn, causes the corresponding constitutional legal duty of the Russian Federation as the social constitutional state acted.

3.2. The Federal Law of August 22, 2004 N 122-FZ adopted within reforming of system of social protection of the population, part of the privileges which were earlier provided to citizens in natural form was replaced with money payments. In particular, the procedure for provision of housing for disabled people owing to the Chernobyl catastrophic crash and participants of liquidation of its effects changed: that from them who was accepted on accounting of the housing conditions needing improvement till January 1, 2005 is granted the right to providing with living space in the sizes and procedure established by the Government of the Russian Federation, and accepted on accounting after January 1, 2005 are provided with premises according to the housing legislation of the Russian Federation.

In pursuance of the specified instruction the Government of the Russian Federation accepted the resolution of December 29, 2004 N 866, according to which the main form of provision of housing for the citizens having the right to provision of housing at the expense of means of the federal budget according to articles 14 and 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" provision of subsidies for acquisition of housing (since 2006 provision of housing for the called category of citizens is performed according to the order of the Government of the Russian Federation of March 21, 2006 N 153 by provision of social payment (housing subsidy, subsidy) for acquisition of housing) by it was.

Those disabled people owing to the Chernobyl catastrophic crash and to the participants of liquidation of its effects accepted on accounting of the housing conditions needing improvement till January 1, 2005 were granted the participation right in the subprogramme "Accomplishment of the state obligations on provision of housing for categories of the citizens established by the federal legislation" the Federal target program "Dwelling" for 2002-2010 (it is approved by the order of the Government of the Russian Federation of September 17, 2001 N 675 and is effective in the edition of the order of the Government of the Russian Federation of February 14, 2009 N 133) providing social payments on acquisition of housing (housing subsidies). The amount of the corresponding social payment is calculated the executive body performing issue of the certificate proceeding from the cost of 1 sq.m of total area of housing approved in accordance with the established procedure in the Russian Federation (in some subjects of the Russian Federation - taking into account the raising coefficients approved by the Government of the Russian Federation) and the standard rate of providing housing with total area depending on family composition.

Therefore, the cash form of provision entered in the course of reforming of system of social protection to disabled Chernobyl veterans and participants of mitigation of consequences of the Chernobyl catastrophic crash of such measure of social support as provision of housing, remains only concerning those from them who was accepted on accounting of the housing conditions needing improvement till January 1, 2005.

As for the citizens who are also belonging to the specified category, but accepted on accounting of the housing conditions needing improvement after January 1, 2005, they did not receive participants status of the called subprogramme of the Federal target program "Dwelling" for 2002-2010 and are provided with premises according to the housing legislation of the Russian Federation. It does not mean, however, that change in the relation them form of provision of this measure of social support can be performed without establishment of the proper guarantees directed to creation of real possibility of receipt of housing.

4. The purpose of measures of social support, their legal nature predetermine nature of obligations of the state in relation to disabled Chernobyl veterans and participants of mitigation of consequences of the Chernobyl catastrophic crash as to persons having special legal status. Owing to the requirements formulated in preamble and article 153 of the Federal Law of August 22, 2004 N 122-FZ which made corresponding changes to the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" upon transition to system of the social protection of citizens based on provisions of this Federal Law the legislator shall enter the effective legal mechanisms providing preserving and possible increase in earlier reached level of social protection of citizens taking into account specifics of their legal, property status, and also other circumstances, to realize the principle of maintenance of trust of citizens to the law and actions of the state by preserving stability of legal regulation, not to allow when implementing by citizens of the social rights and freedoms of violation of the rights and freedoms of other persons; regulations of this Federal Law cannot be used for derogation of the rights and legitimate interests of citizens.

In sense of the given legislative provisions, upon transition to new legal regulation of providing with premises of the persons which underwent to radiative effects owing to the Chernobyl accident and accepted on accounting of the housing conditions needing improvement after January 1, 2005 the corresponding legal mechanisms allowing to provide taking into account specifics of legal status of these persons preserving the reached level of protection of their rights and freedoms, guarantees of their social security equally with citizens of the same category who were accepted on accounting of the housing conditions needing improvement till January 1, 2005 and shall be provided conditions for providing them are created by premises necessary, including financial.

4.1. In the conditions of market economy citizens of the Russian Federation perform the right to housing generally independently, using different methods. Obliging public authorities to create for this condition, the Constitution of the Russian Federation at the same time fixes that it is provided to the needy and specified in the law other citizens needing the dwelling free of charge or for available payment from the state, municipal and other housing stocks according to the regulations established by the law (Article 40, parts 2 and 3), ordering thereby to the legislator to determine categories of the citizens needing to the dwelling, and also specific forms, sources and procedure for providing them with housing taking into account the financial and economic and other opportunities which are available for the state.

According to Item 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ) disabled people owing to the Chernobyl catastrophic crash and the participants of liquidation of its effects accepted on accounting of the housing conditions needing improvement after January 1, 2005 are provided with premises according to the housing legislation of the Russian Federation, namely the Housing code of RSFSR existing till March 1, 2005 and the Housing code of the Russian Federation which became effective from the designated date according to the Federal Law of December 29, 2004 N 189-FZ.

According to article 49 of the Housing code of the Russian Federation premises under the agreement of social hiring are provided to citizens who taking into account the income falling on each family member, and property value who is in property of family members and taxable are recognized needy; premises under the agreement of social hiring are provided to other categories of citizens if there is special legal regulation establishing them the right to housing from the state housing stock.

As by the existing housing legislation of the basis and procedure for provision of premises under the agreement of social hiring to citizens from among victims owing to the Chernobyl catastrophic crash, as well as their right to extraordinary or first-priority free provision of housing directly are not provided, those from them who was accepted on accounting of the housing conditions needing improvement after January 1, 2005, according to the Housing code of the Russian Federation acquire the right to premises under the agreement of social hiring in accordance with general practice.

4.2. As repeatedly specified in the decisions the Constitutional Court of the Russian Federation, when entering into the legislation of the changes concerning forms of providing citizens with housing, the legislator should mean that any differentiation resulting in distinctions in the rights of citizens in this or that sphere of legal regulation shall meet the requirements of the Constitution of the Russian Federation including following from the principle of equality established by it (Article 19) according to which such distinctions are admissible if they are objectively justified, reasonable and pursue constitutionally the significant aims, and legal means used for achievement of these purposes are proportional to them. In turn, respect for the constitutional principle of the equality guaranteeing protection against all forms of discrimination when implementing the rights and freedoms means, in addition, prohibition to introduce such restrictions in the rights of persons belonging to one category, which have no objective and reasonable justification (prohibition of the different treatment of persons who are in identical or similar situations) (resolutions of May 24, 2001 N 8-P, of June 3, 2004 N 11-P, of June 15, 2006 N 6-P and of April 5, 2007 N 5-P).

Owing to the given legal line items of the Constitutional Court of the Russian Federation change of conditions and procedure for provision of housing for the citizens who were injured owing to the Chernobyl catastrophic crash and needing improvement of housing conditions is admissible only in case of introduction of the guarantees equally providing provision of the specified measure of social support as to the citizens who were registered the housing conditions needing improvement till January 1, 2005 and the citizens belonging to the same category, but who were registered after this date.

Meanwhile introduction of cash form of providing with premises only concerning disabled people owing to the Chernobyl catastrophic crash and participants of liquidation of its effects accepted on accounting of the housing conditions needing improvement till January 1, 2005 in the absence of adequate social guarantees for the persons belonging to the same category of citizens, but who were registered after January 1, 2005 led to decrease in level of their social protection in comparison with persons accepted on accounting till January 1, 2005 and entailed unreasonable differentiation in dependence only on acceptance date on accounting as the person in need in improvement of housing conditions (till January 1, 2005). Such differentiation - in the presence at disabled people owing to the Chernobyl catastrophic crash and participants of liquidation of its effects of the identical bases for preferential (in comparison with generally established procedure) housing providing - in defiance of the constitutional principle of equality results in unreasonable distinctions in volume of their social rights as the citizens belonging to one category of victims of radiative effects in connection with the Chernobyl accident and needing improvement of housing conditions and will not be approved with constitutionally significant purposes of possible restrictions of rights and freedoms of man and citizen.

5. Thus, Item provisions 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ) do not correspond to the Constitution of the Russian Federation, its Articles 19 (part 2), 40, 42 and 55 (part 3), in that measure in what these provisions in interrelation with the housing legislation of the Russian Federation do not establish legal mechanism which similarly would guarantee provision of premises to citizens - disabled people owing to the Chernobyl catastrophic crash and to the participants of mitigation of consequences of the Chernobyl catastrophic crash accepted on accounting of the housing conditions needing improvement both till January 1, 2005 and after this date.

Proceeding from stated and being guided by parts one and the second Article 71, Articles 72, of 74, of 75, of 79, of 80, of 87, 100 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation decided:

1. Recognize Item provisions 2 parts one of Article 14 and Item of 1 part one of article 15 of the Law of the Russian Federation "About social protection of the citizens who were affected by radiation owing to catastrophic crash on the Chernobyl NPP" (in edition of the Federal Law of August 22, 2004 N 122-FZ) not corresponding to the Constitution of the Russian Federation, its Articles 19 (part 2), 40, 42 and 55 (part 3), in that measure in what these provisions in system of the operating legal regulation do not establish legal mechanism which similarly would guarantee provision of premises to grazhdanaminvalida owing to the Chernobyl catastrophic crash and to the participants of mitigation of consequences of the Chernobyl catastrophic crash accepted on accounting of the housing conditions needing improvement both till January 1, 2005 and after this date.

2. The law-enforcement decisions made for citizens Zhestikov Alexander Vladimirovich and Myagchilo Pyotr Ulyanovich are subject to revision in accordance with the established procedure if for this purpose there are no other obstacles.

3. This Resolution is final, is not subject to appeal, becomes effective immediately after declaration and does not require confirmation by other bodies and officials.

4. According to article 78 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" this Resolution is subject to immediate publication in "The Russian newspaper" and "Russian Federation Code". The resolution shall be published also in "the Bulletin of the Constitutional Court of the Russian Federation".

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