On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 19, 2018 No. 16-P

On the case of check of constitutionality of part 5 of article 36 of the Federal law "About Modification of Separate Legal Acts of the Russian Federation concerning Military Service in Bodies of Military Prosecutor's Office and Military Investigating Authorities of the Investigative Committee of the Russian Federation" in connection with request of the North Caucasian district military court

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

being guided by Article 125 (part 4) Constitutions of the Russian Federation, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of part 5 of article 36 of the Federal law "About Modification of Separate Legal Acts of the Russian Federation concerning Military Service in Bodies of Military Prosecutor's Office and Military Investigating Authorities of the Investigative Committee of the Russian Federation".

Reason for consideration of the case was the request of the North Caucasian district military court. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker A. I. Boytsova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part 5 of article 36 of the Federal Law of June 4, 2014 No. 145-FZ "About modification of separate legal acts of the Russian Federation concerning military service in bodies of military prosecutor's office and military investigating authorities of the Investigative Committee of the Russian Federation" the Ministry of Defence of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, Federal Security Service of the Russian Federation, other federal executive bodies in which the Federal Law provides military service comes to the end till January 1, 2017 execution of the obligations of financial and economic and social nature to the military personnel of bodies of military prosecutor's office and military investigating bodies of the Investigative Committee of the Russian Federation which arose about day of entry into force of this Federal Law, including on providing them with premises.

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