Supreme Court allowed Rosreestr to withhold data on property owners for third parties rejecting Navalny's lawsuit
Alexey Navalny tried to challenge this measure.
The Supreme Court Administrative Cases Judicial Board has completed consideration of the cassation appeal of Alexey Navalny against the decision of the Tagansky Court of Moscow, which rejected his suit against Federal Service for State Registration, Cadastre and Cartography (Rosreestr) due to the classification of the names of elite real estate owners. The court recognized the non-disclosure of personal data as legal, Vedomosti reported.
According to the newspaper, the decision was taken at the end of September, but the Supreme Court published a cassation ruling this week. The Board refers to the law "On Personal Data," according to which it is prohibited to disclose personal data without the consent of a person. The court considered that this law is applicable in the case of Rosreestr, as the law "On Registration of Rights to Real Estate" prohibits the reporting of data access to which is restricted by federal legislation.
This decision actually prohibits the provision of information to third parties about the owners of real estate. According to Vyacheslav Gimadi, the lawyer of the Anti-Corruption Foundation, this "jeopardizes the real estate turnover", as legally valid information about the real estate object can only be obtained through Unified State Register of Immovable Property. Gimadi also noted that the law "On Personal Data" has a reservation "unless otherwise established by federal law." That is, in some cases, the data can be disclosed. According to the lawyer, the law "On Registration of Rights to Immovable Property" abrogates the law "On Personal Data", as it requires reporting information on real estate.
Grigory Vaipan of the Institute of Law and Public Policy notes that the decision of the Supreme Court does not necessarily become a precedent, since it was taken by the Judicial Board for Administrative Cases, and not by the Civil or Economic Board specialized for the industry. If the Rosreestr begins to refuse to issue extracts with these property owners to all citizens, they will appeal these refusals in court. The question is whether the lower courts will follow the Supreme Court's position, the expert explains.
In 2016 it became known that Rosreestr changed the names in the extracts of real estate owned by the sons of Prosecutor General Yuri Chaika Artem and Igor. Instead of their names in the extracts meaningless combinations of letters and numbers appeared. Alexey Navalny filed a lawsuit against Rosreestr with a demand to recognize the classification of names as illegal, but the Tagansky court and the Moscow City Court rejected him.