The task № 1-3 B. Citizen filed a lawsuit against the Hell

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Uploaded: 13.12.2012
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The task № 1-3
B. Citizen filed a lawsuit against the administration of Zhukovsky for living space. Her house residence built in the zone, "G" impact airfield bulls that building can not be; noise and gas pollution is significantly greater than the maximum allowable; violated the general development plan. The plaintiff believes that by doing so violated her constitutional right to a healthy environment (Article 42 of the Constitution of the Russian Federation), guaranteed under the Law of the Russian Federation "On Environmental Protection" providing every real possibilities of living in conditions favorable for life and health of the environment (Article .11). The plaintiff demanded to give her another apartment for an equivalent domestic consumer qualities, but in an environmentally safe area.
The court dismissed the case, citing the housing legislation, according to which only the courts of jurisdiction disputes for premises under the requirements of the citizens who have, in accordance with the legislation of the right to an extraordinary provision of premises. The plaintiff in these categories does not apply.
Does the concept of "natural environment" on the living conditions? To which category the dispute - to the housing or environmental?
Assess the validity of the decision of the court?

Additional information

The task № 1-3
B. Citizen filed a lawsuit against the administration of Zhukovsky for living space. Her house residence built in the zone, "G" impact airfield bulls that building can not be; noise and gas pollution is significantly greater than the maximum allowable; violated the general development plan. The plaintiff believes that by doing so violated her constitutional right to a healthy environment (Article 42 of the Constitution of the Russian Federation), guaranteed under the Law of the Russian Federation "On Environmental Protection" providing every real possibilities of living in conditions favorable for life and health of the environment (Article .11). The plaintiff demanded to give her another apartment for an equivalent domestic consumer qualities, but in an environmentally safe area.
The court dismissed the case, citing the housing legislation, according to which only the courts of jurisdiction disputes for premises under the requirements of the citizens who have, in accordance with the legislation of the right to an extraordinary provision of premises. The plaintiff in these categories does not apply.
Does the concept of "natural environment" on the living conditions? To which category the dispute - to the housing or environmental?
Assess the validity of the decision of the court?

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