On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 29, 2019 No. 16-P

On the case of check of constitutionality of part 6 of article 21 of the Federal law "About Counteraction to Terrorism" and part 15 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 E. A. Ponkratov

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 part 6 of article 21 of the Federal law "About Counteraction to Terrorism" and part 15 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 E. A. Ponkratov. 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 the applicant of legislative provision.

Having heard the message of the judge-speaker L. M. Zharkova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part 6 of article 21 of the Federal Law of March 6, 2006 "About counteraction to terrorism" in case of simultaneous emergence in accordance with the legislation of the Russian Federation of several bases for the lump sum payments (the lump-sum allowances provided in case of death or damnification to health of person who was taking part in implementation of action for fight against terrorism) specified in this Article payment is performed No. 35-FZ on one basis at the choice of the receiver.

Part 15 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" determines that the lump-sum allowances and monthly monetary compensation provided by parts 8 - 10, 12 and 13 these Articles (the payment appointed to the military personnel and members of their families for the purpose of compensation of the harm done to life and health of persons passing military service), are not made to persons who received such benefits or compensations on the same bases according to other Federal Laws and regulatory legal acts of the Russian Federation.

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