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Judgment of the Constitutional Court of 24 December 2013 № 30-П on the review of constitutionality of Arts 4, 5 and paragraph 5 of Article 14 of the Federal law “On the Prevention of Spread of Tuberculosis in the Russian Federation” upon the request of the Government of Volgograd region and the Government of Sakhalin Region

Legal issue: the constitutionality of the rule which allows shifting to regional authorities the duty to provide housing to the persons having a contagious type of tuberculosis.

Ratio decidendi: the Court pointed out that the duties of public authority as regards the ensuring of realisation by any group of citizens of their right to housing must be clearly defined by a law. Therefore, the rule in question does not conform to the Constitution of the Russian Federation to the extent in which it does not allow, by virtue of its uncertainty, to determine precisely, clearly and unequivocally which authorities – federal or regional – have the duty to provide the financial resources necessary for the realization of this right. The federal legislator must amend the current regulation to make it more precise and concrete.

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