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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 22, 2019 No. 15-P

On the case of check of constitutionality of Item 1 of part 2 of article 3 of the Federal law "About Cash Allowance of the Military Personnel and Provision of Separate Payments by It" in connection with the claim of the citizen A. E. Godunov

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, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

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, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of Item 1 of part 2 of article 3 of the Federal law "About Cash Allowance of the Military Personnel and Provision of Separate Payments by It".

Reason for consideration of the case was the claim of the citizen A. E. Godunov. 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 Item 1 of part 2 of article 3 of the Federal Law of November 7, 2011 No. 306-FZ "About cash allowance of the military personnel and provision of separate payments by it" the serviceman who is passing military service under the contract, including enlisted under the contract from inventory when moving on the new place (to the place) military service to other settlement, including on the territory or from the territory of foreign state, in connection with appointment to military position, revenues to military service under the contract, transfer in the military professional educational organization or the military educational organization of the higher education, training term in which exceeds one year, or in connection with re-deployment of military unit is made payment of new start allowance in the amount of one salary of monetary pay on the serviceman and one fourth salaries of monetary pay on each family member, moved to the new place (to the place) military service of the serviceman or to the settlement, nearby from the specified place, or to other settlements (due to the lack of premises).

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