Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 17, 2018 No. 15-P

On the case of check of constitutionality of provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" in connection with the claim of the citizen P. A. Spiridonov and request of the Bugulma city court of the Republic of Tatarstan

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, G. A. Gadzhiyeva, Yu. M. Danilova, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

with participation of the representative of the Bugulma city court of the Republic of Tatarstan - the vice-chairman of the Bugulma city court of the Republic of Tatarstan Z. Sh. Bikmukhametova, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) of the Constitution of the Russian Federation, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, of 74, of 86, of 96, of 97, of 99, of 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation", considered case on check of constitutionality of provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" in open session.

Reason for consideration of the case were the claim of the citizen P. A. Spiridonov and request of the Bugulma city court of the Republic of Tatarstan. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As the claim of the citizen P. A. Spiridonov and request of the Bugulma city court of the Republic of Tatarstan concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker Yu. D. Rudkin, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, including the conclusion of Russian President's Council for Civil Society and Human Rights, the Constitutional Court of the Russian Federation

established:

1. According to provisions of the subitem "an" of Item 2 of article 24 of the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service" the citizens who are studying full-time in the organizations performing educational activities for the educational programs of the secondary general education having the state accreditation - during development of the specified educational programs, but not over the dates of receipt of the secondary general education established by federal state educational standards (paragraph two) have the right to draft deferment to military service; in the educational organizations and the scientific organizations for the programs of bachelor degree having the state accreditation if the specified students have no bachelor's degree, the diploma of the specialist or the diploma of the master, - during development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to programs of bachelor degree (the paragraph of the seventh); in the educational organizations and the scientific organizations for the programs of magistracy having the state accreditation if the specified students have no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree, - during development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to programs of magistracy (the paragraph the ninth);

at the same time the draft deferment provided by this subitem on military service is granted to the citizen only once, except for, in particular, one of the following cases: if the first draft deferment on military service was granted to the citizen according to the paragraph the second this subitem (in case of receipt of the secondary general education), the citizen can repeatedly use the right to draft deferment to military service according to its paragraph the seventh (in case of receipt of the higher education according to the program of bachelor degree) (the paragraph the twelfth); if the first draft deferment on military service was granted to the citizen according to the paragraph the seventh this subitem (in case of receipt of the higher education according to the program of bachelor degree), the citizen can repeatedly use the right to draft deferment to military service according to its paragraph the ninth (in case of receipt of the higher education according to the program of magistracy) (the paragraph the thirteenth).

1.1. To the applicant on this case citizen P. A. Spiridonov who was born on March 10, 1994 draft deferments on military service were granted originally according to the paragraph to the second the subitem "an" and the subitem "g" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" as reached military age (18 years) before the termination of high comprehensive school and successfully passed State Final Examination according to the educational program of the secondary general education, for a period of up to October 1, 2012 and repeatedly - based on paragraphs of the seventh and twelfth subitem "an" of Item 2 of the same Article for training in full-time courses in the direction of preparation "Construction" at architectural and construction faculty of National research Mordovian state university of N. P. Ogarev according to the program of bachelor degree for a period of up to August 12, 2016. After receipt of the higher education according to the program of bachelor degree P. A. Spiridonov entered the same university on training in the program of magistracy in the same direction of preparation.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.