国内政策【切换】 国际政策

2022 年 8 月 1 日第 31 号俄罗斯联邦立法大会，艺术。5807(英文）

has lost its force (ultraactivity). At the same time, either the text of the law or the legal act on the procedure for its entry into force contains a special indication of such an action in time. The legislator, exercising his exclusive right to give retroactive effect to the law, takes into account the specifics of regulated social relations: retroactive effect is mainly applied in relations arising between an individual and the state, and in the interests of an individual (for example, criminal, pension legislation), and in relations whose subjects are individuals and legal entities, retroactive effect is usually not applies, because the interests of one side of the legal relationship cannot be sacrificed to the interests of the other, which has not violated the law. Transformations of relations in one or another sphere of life also cannot be carried out contrary to the general principle of the operation of the law in time. The introduction of amendments into the current legal regulation that have an adverse effect on the legal status of citizens must be accompanied by the observance of the principle of maintaining citizens' confidence in the law and the actions of the state, which implies the preservation of reasonable stability of legal regulation and the inadmissibility of introducing arbitrary changes to the current system of norms, as well as, if necessary, providing citizens with the opportunity to adapt to the changes made during a certain transitional period. Such an approach is due to the need to achieve proportionality while respecting the interests of society and the conditions for protecting the fundamental rights of the individual, i.e. balance of constitutionally protected values, and therefore the issue of giving retroactive effect to a law that changes the obligations of legally equal participants in a civil legal relationship requires a differentiated approach that ensures the balance and fairness of the relevant legal regulation,dated April 22, 2014 No. 12-P and dated February 15, 2016 No. 3-P ; definitions dated January 18, 2005 No. 7-O, dated January 25, 2007 No. 37-O-O, dated April 15, 2008 No. 262-O-O, dated November 20, 2008 No. 745-O-O, dated July 16 2009 No. 691-О-О, dated January 29, 2015 No. 211-О, dated April 23, 2015 No. 821-О, dated July 2, 2015 No. 1539-О, etc.).

Taking into account the general rule for the validity of civil legislation in time, which is enshrined in Article 4 of the Civil Code of the Russian Federation and according to which the operation of the law extends to relations, rights and obligations that arose after its entry into force, secured creditors who are not, within the meaning of the Federal Law "On Insolvency" (bankruptcy)" by construction participants, entering into legal relations with the developer before the adoption of Federal Law No. 151-FZ of June 27, 2019, could not predict such a change in regulation that would lead to a deterioration in their property situation and deprivation of their right to priority satisfaction of claims for pledged property account.

Thus, parts 14 and 17 of Article 16 of the Federal Law of June 27, 2019 No. 151-FZ , in conjunction with paragraph 11 of Article 201 15-2 of the Federal Law "On Insolvency (Bankruptcy)" do not comply with Articles 1 (part 1), 2, 17 (Part 1), 18, 19 (Part 1), 35 (Parts 1 and 3), 55 (Part 3) and 75 1 of the Constitution of the Russian Federation, to the extent that they do not provide the necessary legal guarantees in the system of current legal regulation protection of the rights of creditors who are not participants in the construction, in the event of termination of their pledge rights in connection with the transfer of a land plot, an object of construction in progress, to the Fund for the Protection of the Rights of Citizens - Participants in Shared Construction in the framework of the bankruptcy case of the developer.

However, the recognition of these provisions as inconsistent with the Constitution of the Russian Federation should not mean the restoration of the pledge rights of creditors who are not participants in the construction and acquired the rights of mortgagees before the adoption of the disputed regulation, since this could entail obstacles to completion of construction in the event of bankruptcy of the developer and to satisfy the needs of citizens in housing. . The protection of the rights of these persons should be carried out through other legal mechanisms that take into account the transfer of the rights of the developer to the property, in connection with which these obligations arose, to the relevant fund, which operates in order to protect the rights of citizens - participants in shared construction, but not similar in content to the following pledge for this property .

The federal legislator should amend the legal regulation to provide guarantees for the rights of creditors who are not participants in the construction and who acquired the rights of mortgagees before the adoption of the disputed regulation, in the event that they lose their pledge rights. At the same time, the Constitutional Court of the Russian Federation proceeds from the understanding that the expectation of such changes creates uncertainty, which, in particular, may deter the relevant funds from assuming the obligations of the developer to the construction participants, and potential litigation should have legal guidelines for resolution . Therefore, the Constitutional Court of the Russian Federation, in accordance with paragraph 12 of the first part of Article 75 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation"considers it possible to establish that, until changes are made to legislative regulation in accordance with this Decree, parts 14 and 17 of Article 16 of the Federal Law of June 27, 2019 No. 151-FZ in conjunction with paragraph 11 of Article 201 15-2 of the Federal Law "On Insolvency ( bankruptcy)" are applied by the courts taking into account the following.