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Judgment of the Constitutional Court of 30 January 2013 № 2-П on the review of constitutionality of the tenth passage of Article 2 of the Law of the Russian Federation “On the Employment of the Population in the Russian Federation” in the version of the Federal Law of 17 July 1999 № 175-ФЗ in connection with the complaint of the citizen K.V.Chumakin

Legal issue: the constitutionality of the aforementioned provision as long as it does not allow members of a “housing saving cooperative” (building society) to be registered as unemployed.

Ratio decidendi: having analysed the status of the members of housing saving cooperative, the Court came to conclusion that the benefits which they might derive from their participation in the cooperative, do not have the character of regular income from economic activities. Therefore, the members of such cooperative may not be regarded as being occupied. Relying on the ratio decidendi of its Judgment from 23 April 2012 №  10-П, the Court recognized the regulation in question to be not corresponding to the Constitution.

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