On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 14, 2018 No. 41-P

On the case of check of constitutionality of article 46 of the Federal law "About Education in the Russian Federation" in connection with the claim of the citizen I. V. Seryogina

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, S. P. Mavrin, N. V. Melnikov, V. G. Yaroslavtsev,

with participation of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation M. P. Bespalova, the representative of the Federation Council - the chairman of committee of the Federation Council on the constitutional legislation and the state construction 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) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of article 46 of the Federal law "About Education in the Russian Federation" in open session.

Reason for consideration of the case was the claim of the citizen I. V. Seryogina. 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 declarant.

Having heard the message of the judge-speaker A. N. Kokotov, explanation of the agent of the party, published and signed the disputed act, performances invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: 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, the Constitutional Court of the Russian Federation

established:

1. The declarant on this case citizen I. V. Seryogina disputes constitutionality of article 46 of the Federal Law of December 29, 2012 No. 273-FZ "About education in the Russian Federation" according to which pedagogical activities the persons having secondary professional or higher education and meeting the qualification requirements specified in job evaluation catalogs and (or) professional standards (part 1) have the right to occupation; the nomenclature of positions of pedagogical employees of the organizations performing educational activities of positions of heads of the educational organizations affirms the Government of the Russian Federation (part 2).

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