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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 31, 1995 12-P

On the case of interpretation of article 136 of the Constitution of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. A. Tumanov, judges M. V. Baglaya, N. T. Vedernikov, N. V. Vitruk, Yu. M. Danilov, V. D. Zorkin, A. L. Kononov, V. O. Luchina, T. G. Morshchakova, N. V. Seleznyov, V. G. Strekozov, O. I. Tiunov, B. S. Ebzeev, V. G. Yaroslavtsev, with participation of representatives of the State Duma of Federal Assembly which sent inquiry to the Constitutional Court of the Russian Federation, V. B. Isakov and O. O. Mironov, and also invited in meeting of the representative of the President of the Russian Federation - V. M. Savitsky;

being guided by Article 125 (part 5) Constitutions of the Russian Federation, Item 4 parts one, parts two and third Article 3, Item 2 parts two of Article 21 and article 105 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation",

considered case on interpretation of article 136 of the Constitution of the Russian Federation in open plenary meeting.

Reason for consideration of the case, according to part one of article 36 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", was the request of the State Duma of Federal Assembly about interpretation of article 136 of the Constitution of the Russian Federation.

The basis to consideration of the case, according to part two of article 36 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", was the found uncertainty in understanding of article 136 of the Constitution of the Russian Federation in this connection the State Duma petitions for interpretation of this constitutional regulation concerning the name and the legal document form containing the amendment to the Constitution of the Russian Federation.

Having heard speeches of the judge-speaker V. G. Strekozov, representatives of the State Duma and the representative of the President of the Russian Federation, having studied the provided materials, the Constitutional Court of the Russian Federation established:

1. The constitution of the Russian Federation, regulating amendment procedure in the Constitution of the Russian Federation, determines in Article 136, that amendments to to Chapters 3 - 8 of the Constitution of the Russian Federation are accepted according to the procedure, provided for adoption of the Federal constitutional Law, and at least than two thirds of subjects of the Russian Federation become effective after their approval by regulatory authorities.

The procedure for adoption of the Federal constitutional Law is stipulated in Clause 108 (part 2) Constitutions of the Russian Federation which fixes need of approval of such law by the majority at least three quarters of voices of total number of members of the Federation Council and at least two thirds of voices of total number of deputies of the State Duma; the adopted Federal constitutional Law within fourteen days is subject to signing by the President of the Russian Federation and promulgation.

2. At the same time the procedure of adoption of amendments to to Chapters 3 - 8 of the Constitution of the Russian Federation significantly differs from the procedure of adoption of the Federal constitutional Law.

First, the circle of the subjects given the right of introduction of offers on amendments to the Constitution of the Russian Federation, stipulated in Clause 134 Constitutions of the Russian Federation does not match circle of persons of law of the legislative initiative, stipulated in Clause 104 Constitutions of the Russian Federation.

Secondly, according to article 136 of the Constitution of the Russian Federation the introduction of amendments to force requires their approval by regulatory authorities at least than two thirds of subjects of the Russian Federation.

3. According to Article 76 (part 1) Constitutions of the Russian Federation on areas of jurisdiction of the Russian Federation are adopted the Federal constitutional Laws and the Federal Laws. The Federal Law cannot be form of adoption of the constitutional amendment as owing to direct specifying of articles 136 and 108 of the Constitution of the Russian Federation amending requires the procedure more difficult in comparison with established for adoption of the Federal Laws. Besides, concerning the Federal Law the President of the Russian Federation is given the right of its variation that is not provided by the procedure for adoption of the Federal constitutional Law extended by article 136 of the Constitution of the Russian Federation to the procedure of adoption of amendments.

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