Panel of the Constitutional Court refuses to initiate a case based on the application submitted by the Moscow City Property Department and the Moscow Centre for International Cooperation
The application was submitted to the Constitutional Court by the Moscow City Property Department and the State Unitary Enterprise of the City of Moscow “Moscow Centre for International Cooperation” (hereinafter – the Moscow Centre), contesting the constitutionality of Section 1 of the law of 30 May 2024, i.e. Amendments to the Law on Assistance to Ukrainian Civilians.
The contested norm prescribes the procedures for the allocation of the State budget funds that would be obtained as a result of alienation of the State immovable property at 7 Marijas Street in Rīga to ensure the assistance to Ukrainian society. According to the applicants, this norm of the Law infringes their right to own property included in Article 105 of the Constitution.
Both Latvian and foreign private persons may claim protection of the fundamental rights enshrined in the Constitution if the infringement is caused by a Latvian legal norm. However, national authorities, local governments, State-owned enterprises acting on behalf of a certain country in the field of public law do not possess the fundamental rights enshrined in the Constitution.
The First Panel of the Constitutional Court established that the Moscow Centre is a legal entity founded and owned by the Moscow City Property Department which in turn is a unit of the municipality of the City of Moscow and is administered by the Mayor of the City of Moscow. Functionally, the Moscow Centre is under the Department for External Economic and International Relations of Moscow, but its principal activity is related to expansion of the international relations of Moscow.
The Constitutional Court Panel did not find any confirmation that the applicants were acting as private persons in respect of the immovable property, instead of exercising public authority of another country. Hence, the Panel refused to initiate a case based on the application submitted by the Moscow City Property Department and the Moscow Centre.