LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON APPLICATION OF PROVISIONS OF ITEM 4, ARTICLE 222 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION (ABOUT DEMOLITION OF UNAUTHORIZED CONSTRUCTION)

The article deals with the studying of interpretation of provisions of Item 4, Article 222 of the Civil Code of the Russian Federation (CC of RF) by the Constitutional Court of the Russian Federation on the example of a research of the recommendations and positions on the results of consideration of concrete inquiries of deputies of the State Duma. Following the results of studying and understanding of the ruling of the Constitutional Court dated September 27, 2016 it is possible to draw, at least, three basic conclusions about the interpretation of Item 4, Article 222 of CC of RF. Firstly, if the court refused to satisfy the requirements about the demolition of an unauthorized construction, the local government has no right to make the decision on its demolition based on the arguments which were previously rejected by court. On the other hand, in such a situation an authorized body can make the decision on demolition of an unauthorized construction only taking into account new actual circumstances which were not an object of research in the trial and, besides, the built object underwent essential changes which do not meet safety requirements, however, the court did not estimate these changes. Secondly, the existence of state registration of the right for an unauthorized construction does not impede the decision of an authorized body to demolish it. Thirdly, the order of adoption by authorized body of the decision on demolition of unauthorized constructions provided by Item, Article 222 of CC of RF is applied also to those constructions which were built before 01.09.2015. In conclusion it would be desirable to mention that introduction of provisions about administrative order of demolition of unauthorized constructions into a traditionally civil article can hardly be recognized as a norm generating "a lawful arbitrariness" since the need to establish a similar order is substantiated legally, economically and technically and is stipulated by the specifics of actively developing relations in the sphere of building of unauthorized constructions. It supports the principle of coordination of private and public interests in civil law, finding of a steady balance between them, and it is necessary to recognize the need for introduction of such order a long time ago.