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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 15, 2021 No. 37-P

On the case of check of constitutionality of the subitem 1 of Item 3 of Article 158 and Item 10 of Article 242.3 of the Budget code of the Russian Federation, and also part 1 of article 358 of the Code of administrative legal proceedings of the Russian Federation in connection with the claim of the citizen Yu. A. Reynkhimmel

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, 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 (the part Item "and" 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 the subitem 1 of Item 3 of Article 158 and Item 10 of Article 242.3 of the Budget code of the Russian Federation, and also part 1 of article 358 KAS of the Russian Federation.

Reason for consideration of the case was the claim of the citizen Yu. A. Reynkhimmel. 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 S. M. Kazantsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the subitem 1 of Item 3 of Article 158 of the Budget code of the Russian Federation the main manager of means of the federal budget (state non-budgetary fund of the Russian Federation), the budget of the subject of the Russian Federation (territorial state non-budgetary fund), the budget of the municipality appears in court respectively on behalf of the Russian Federation, the subject of the Russian Federation, municipality as the defendant's representative in claims to the Russian Federation, the subject of the Russian Federation, the municipality for indemnification caused to the physical person or the legal entity as a result of illegal actions (failure to act) of state bodies, local government bodies or officials of these bodies on departmental accessory, including as a result of the publication of acts of public authorities, local government bodies which are not corresponding to the law or other legal act.

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