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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 28, 1995 No. 15-P

On the case of interpretation of part 2 of article 137 of the Constitution of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. A. Tumanov, judges E.M.Ametistov, M. V. Baglaya, N. T. Vedernikov, N. V. Vitruk, G. A. Gadzhiyev, Yu. M. Danilov, A. L. Kononov, T. G. Morshchakova, Yu.D.Rudkin, N. V. Seleznyov, V. G. Strekozov, O. I. Tiunov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

with V. B. Isakov's participation - the representative of the State Duma of Federal Assembly which sent inquiry to the Constitutional Court of the Russian Federation

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, articles 36 and 105 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation",

considered case on interpretation of part 2 of article 137 of the Constitution of the Russian Federation in open plenary meeting.

Reason for consideration of the case was the request of the State Duma of Federal Assembly about interpretation of part 2 of article 137 of the Constitution of the Russian Federation.

The basis to consideration of the case was the found uncertainty in understanding of part 2 of article 137 of the Constitution of the Russian Federation in this connection the State Duma petitions for interpretation of this constitutional regulation concerning what body and by what legal act it is authorized to resolve issue of inclusion in article 65 of the Constitution of the Russian Federation of the new name of the subject of the Russian Federation.

Having heard speech of the judge-speaker A. L. Kononov, explanation of the representative of the State Duma, having studied the provided materials, the Constitutional Court of the Russian Federation established:

1. The State Duma of Federal Assembly in the request recognizes that the Constitution of the Russian Federation does not determine who and how performs inclusion of the new name of the subject of the Russian Federation in article 65 of the Constitution of the Russian Federation. The representative of the applicant believes that the specified change can be made by the act of the President of the Russian Federation; in case of disagreements on this matter the President of the Russian Federation has the right to use the powers according to article 85 of the Constitution of the Russian Federation.

2. Articles 71 and 72 of the Constitution of the Russian Federation do not carry question of change of the name of the republic, edge, area, federal city, autonomous region, autonomous area neither to maintaining the Russian Federation, nor to joint maintaining the Russian Federation and its subjects. Therefore, owing to article 73 of the Constitution of the Russian Federation the solution of question of change of the name belongs to exclusive maintaining subjects of the Russian Federation. Such decision made according to the procedure, established by the legislation of the subject of the Russian Federation, is legal basis for entering of the new name into article 65 of the Constitution of the Russian Federation.

3. Article 137 of the Constitution of the Russian Federation provides particular cases of introduction of amendments to article 65 of the Constitution of the Russian Federation. Follows from comparison of parts 1 and 2 of Article 137 and part 5 of article 66 of the Constitution of the Russian Federation that only such changes of Article 65, which are connected with acceptance to the Russian Federation and education in its list of the new subject, with change of constitutional legal status of the subject of the Russian Federation are brought based on the Federal constitutional Law. For inclusion in the Constitution of the Russian Federation only of the new name of the subject of the Russian Federation adoption of the Federal constitutional Law is not required.

Also the procedure, stipulated in Article 136 Constitutions of the Russian Federation which according to the interpretation this in the resolution of the Constitutional Court of the Russian Federation of October 31, 1995 comes to the end with adoption of the special legal act about the constitutional amendment having special status and different both from the Federal Law, and from the Federal constitutional Law is not necessary in this case.

4. The analysis of the regulations of Chapter 9 of the Constitution of the Russian Federation regulating the procedure of review of the Constitution and introduction of the constitutional amendments shows that the simplified procedure for inclusion in Article 65 of the new name of the subject of the Russian Federation provided by part 2 of Article 137 is admissible only in those cases if renaming is not connected with possible departures from sense of other constitutional regulations and therefore does not require application of the procedures listed in Articles 135, 136 and 137 (part 1) Constitutions of the Russian Federation.

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