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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 23, 2020 No. 4-P

On the case of check of constitutionality of part 1 of article 63 of the Federal law "About Service in Law-enforcement Bodies of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" in connection with the claim of the citizen V. A. Chistyakov

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, 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 1 of article 63 of the Federal law "About Service in Law-enforcement Bodies of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation".

Reason for consideration of the case was the claim of the citizen V. A. Chistyakov. 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 L. M. Zharkova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part 1 of article 63 of the Federal Law of November 30, 2011 No. 342-FZ "About service in law-enforcement bodies of the Russian Federation and modification of separate legal acts of the Russian Federation" and more in any year from the last three years before achievement of age limit of stay by it on service in law-enforcement bodies or in year of dismissal from service in connection with the state of health or in connection with reducing position in law-enforcement bodies is granted to the employee of law-enforcement bodies in case of service length in law-enforcement bodies in calendar calculation of 20 years at his desire leave on personal circumstances lasting 30 calendar days with preserving cash allowance; the specified leave is granted also to the employee who is serving according to this Federal Law in law-enforcement bodies after achievement of age limit of stay by it on service and not using this leave earlier; the specified leave is granted once for the period services in law-enforcement bodies.

1.1. The citizen V. A. Chistyakov who was the deputy chief constable of Regional Office of the Ministry of Internal Affairs of the Russian Federation on the city of Perm disputing constitutionality of the given regulation was acknowledged on March 14, 2018 not suitable for service in law-enforcement bodies in connection with availability of the disease got during its passing.

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