On behalf of the Russian Federation
of June 25, 2020 No. 29-P
On the case of check of constitutionality of part one of article 21 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation" in connection with the claim of the citizen I. V. Nikolayenko
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 one of article 21 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation".
Reason for consideration of the case was the claim of the citizen I. V. Nikolayenko. 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 G. A. Gadzhiyev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part one of article 21 of the Federal Law of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" if one of parents, adoptive parents, guardians or custodians will declare the disagreement on departure from the Russian Federation of the minor citizen of the Russian Federation, the question of possibility of its departure from the Russian Federation is resolved judicially.
1.1. The decision of May Day district court of the city of Omsk of April 28, 2018 determines the residence of the minor of M. I. Nikolayenko - together with her father I. V. Nikolayenko, and also the procedure for her communication with is determined To., mother having it and now constantly living in the USA. At the same time earlier, being afraid that mother can export the daughter for accommodation abroad, I. V. Nikolayenko in accordance with the established procedure declared the disagreement on departure of the last from the Russian Federation.
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