The Institute of Precedent

Regular version of the site

Ruling of the Constitutional Court of 24 June 2014 № 1350-O on the refusal to admit for consideration the petition of the citizen V. Ginevskiy against the violation of his constitutional rights by Article 128 of the Civil Code

Court:: Constitutional Court

Legal issue: the constitutionality of the rule which permits considering the relics of saints as objects of civil rights and, accordingly, obtaining them on demand from another person.

Ratio decidendi: the Court held the petition to be inadmissible, because Article 128 of the Civil Code, which lists some kinds of objects of civil rights and permits a court to determine, within the limits of its discretionary powers, whether a certain object falls within this category, seeks to secure the interests of the participants of the civil circulation and may not per se be regarded as violating the constitutional rights of the applicant as set оut in his petition.

Dissenting opinion:

Gadzhiev Gadis

Religious relics are not ordinary objects of civil rights, because they have an ambivalent legal nature. Being parts of bodies of humans who are considered by canon law as saints, they hardly may be regarded as objects of property right at all.

Document

(218.41Kb)

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.