The Collegium of the Supreme Court of the Russian Federation for Administrative Cases ruled that Rosreestr has the right not to disclose the names of property owners. The collegium considered the complaint of oppositionist Alexei Navalny against the decisions of lower courts that rejected his claims against Rosreestr due to the classification of the names of the sons of the Prosecutor General of the Russian Federation Yuri Chaika in the extracts.
In the cassation ruling, the panel referred to the law “On Personal Data”, which prohibits the disclosure of personal data without the consent of the person. The judges concluded that this ban applies in the case of Rosreestr, since the law “On Registration of Rights to Real Estate” does not allow reporting information that is restricted by federal law.
Lawyer of the Anti-Corruption Foundation Vyacheslav Gimadi, commenting on the decision of the board, noted that the law “On Personal Data” contains a clause “unless otherwise provided by federal law” - in his opinion, such a law is just the law “On registration of rights to real estate ”, which requires reporting information about real estate.
According to Gimadi, the collegium's decision "endangers the civil circulation of real estate," since Rosreestr is "the only way to obtain legally valid and up-to-date information about the object," Vedomosti writes.
Lawyers are already discussing the decision in social networks. HSE Professor Artem Karapetov called him “nonsense” on his Facebook page. And the former judge of the Supreme Arbitration Court Roman Bevzenko draws attention to the fact that the judge of the Supreme Court decided to transfer the case to cassation due to the need to cancel the decisions of lower courts, and the definition was very uncomplimentary for them. “But something went wrong at the board meeting and… the acts were left unchanged,” he writes.