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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 27, 2020 No. 44-P

On the case of check of constitutionality of Item 1 of article 7 of the Federal law "About Labor Unions, Their Rights and Guarantees of Activities" in connection with the claim of the Novosibirsk regional union of the organizations of labor unions "Federation of Trade Unions of the Novosibirsk Region"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, N. S. Bondar, G. A. Gadzhiyev, 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 Item 1 of article 7 of the Federal law "About Labor Unions, Their Rights and Guarantees of Activities".

Reason for consideration of the case was the claim of the Novosibirsk regional union of the organizations of labor unions "Federation of Trade Unions of the Novosibirsk Region". 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 S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Item 1 of article 7 of the Federal Law of January 12, 1996 "About labor unions, their rights and guarantees of activities" fixes No. 10-FZ that labor unions, their associations (association) independently develop and approve the charters, the structure, form trade-union bodies and determine their competence, will organize the activities, hold meetings, conferences, congresses and other actions; charters of primary trade-union organizations, other trade-union organizations entering into structure of the all-Russian, interregional labor unions, and charters of associations (associations) of the organizations of labor unions shall not contradict charters of the relevant labor unions, their associations (associations).

1.1. The applicant on this case - the Novosibirsk regional union of the organizations of labor unions "Federation of Trade Unions of the Novosibirsk Region" (further - Federation of trade unions of the Novosibirsk region) is territorial merging of the organizations of the labor unions operating in the territory of the Novosibirsk region, and at the same time - one of founders and the member of the all-Russian trade union association the All-Russian union "Federation of Independent Trade Unions of Russia" (further - the Federation of Independent Trade Unions of Russia).

Based on information provided by Head department of the Ministry of Justice of the Russian Federation across the Novosibirsk region, the prosecutor's office of the city of Novosibirsk revealed discrepancy of number of provisions of the charter of Federation of trade unions of the Novosibirsk region to the Charter of the Federation of Independent Trade Unions of Russia and idea of elimination of violations of the law of labor unions is taken out.

The decision of the Central district court of the city of Novosibirsk of September 26, 2018 left without change appeal determination of judicial board on civil cases of the Novosibirsk regional court of December 13, 2018 the claims of the prosecutor of the city of Novosibirsk imposed for the benefit of the uncertain group of people to Federation of trade unions of the Novosibirsk region about recognition of number of provisions of the charter of this organization not corresponding to the Charter of the Federation of Independent Trade Unions of Russia and the federal legislation, and also about duty of Federation of trade unions of the Novosibirsk region to bring provisions of the charter into accord with the Charter of the Federation of Independent Trade Unions of Russia are satisfied in full. At the same time courts recognized that legal status of the territorial merging of the organizations of labor unions which is the member organization of the Federation of Independent Trade Unions of Russia is determined by the Charter of the Federation of Independent Trade Unions of Russia, and, referring, in particular, to Item 1 of article 7 of the Federal law "About Labor Unions, Their Rights and Guarantees of Activities", and also on article 30 of the Charter of the Federation of Independent Trade Unions of Russia according to which territorial merging of the organizations of labor unions develops and approves the charter according to the Charter of Federation, came to conclusion about inadmissibility of availability in the charter of territorial merging of the organizations of labor unions - the member organization of the Federation of Independent Trade Unions of Russia of any provisions which would contradict the Charter of the Federation of Independent Trade Unions of Russia.

To the applicant it was refused transfer of its writs of appeal on the specified court decrees for consideration in judicial session of Presidium of the Novosibirsk regional court, and also in judicial session of Judicial board on civil cases of the Supreme Court of the Russian Federation (determination of the judge of the Novosibirsk regional court of February 21, 2019, determination of the judge of the Supreme Court of the Russian Federation of April 25, 2019, the letter of the vice-chairman of the Supreme Court of the Russian Federation of July 17, 2019).

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