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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 3, 2005 No. 2-P

On the case of check of constitutionality of provisions of Article 4 and part two of article 9 of the Federal law "About Quarantine of Plants" in connection with request of General Court of Krasnodar Krai

Constitutional court of the Russian Federation as a part of the chairman V. G. Strekozov, judges N. S. Bondar, G. A. Gadzhiyev, A. L. Kononov, L. O. Krasavchikova, A.YA. Plums, B. S. Ebzeeva, V. G. Yaroslavtsev,

with participation of the representative of General Court of Krasnodar Krai - the vice-chairman of General Court of Krasnodar Krai P. M. Kurdyuk, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova,

being guided by Article 125 (the part Item "and" 2) Constitutions of the Russian Federation, the subitem "an" of Item of 1 part one, parts three and the fourth Article 3, the subitem "an" of Item of 1 part two of Article 22, Articles 36, 74, 84, 85 and 86 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of Article 4 and part two of article 9 of the Federal law "About Quarantine of Plants" in open session.

Reason for consideration of the case was the request of General Court of Krasnodar Krai. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the provisions of the Federal Law challenged in request of July 15, 2000 "About quarantine of plants".

Having heard the message of the judge-speaker A.YA. Sliva, explanation of agents of the parties, speeches of the representatives invited in meeting: from Federal Service for Veterinary and Phytosanitary Surveillance - V. V. Popovic, from the Prosecutor General of the Russian Federation - S. N. Fridinsky, from the Federal Customs Service - G. V. Balandina, from the Ministry of Agriculture of the Russian Federation - A. A. Kalyagina, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. In request of General Court of Krasnodar Krai constitutionality of following provisions of the Federal Law "About Quarantine of Plants" is disputed: Article 4 in the part referring to powers of the Russian Federation on providing quarantine of plants development and approval of rules and regulations of providing quarantine of plants, the list of quarantine objects, and also development and establishment of procedure for import to the territory of the Russian Federation, export from the territory of the Russian Federation of quarantine products (quarantine material, quarantine freight); 9, according to which import to the territory of the Russian Federation of the quarantine products (quarantine material, quarantine freight) infected with quarantine objects (except as specified, the plants provided by rules and regulations of providing quarantine), and also quarantine products (quarantine material, quarantine freight) is forbidden to Article part two if in case of its import rules and regulations of providing quarantine of plants are violated.

The applicant claims that the called provisions of article 4 of the Federal law "About Quarantine of Plants" establish special powers of the Russian Federation on providing quarantine of plants, violating thereby constitutional right of Krasnodar Krai as subject of the Russian Federation in this sphere of joint maintaining the Russian Federation and its subjects to exert impact on implementation of the state supervision of quarantine of plants in the territory, to participate in development and establishment of rules and regulations of providing quarantine of plants, control when importing quarantine products to the territory of the subject of the Russian Federation and therefore do not correspond to Articles 11 (part 3) and 72 (part 1) of the Constitution of the Russian Federation.

As for part two of article 9 of the called Federal Law, its provision "except as specified, the plants provided by rules and regulations of providing quarantine" allows, according to General Court of Krasnodar Krai, possibility of import to the territory of the Russian Federation of the infected quarantine products. In reasons for the line item the applicant refers to Rules of providing quarantine of plants during the importing, storage, transportation, conversion and use of grain and products of its conversion imported on the territory of the Russian Federation in the food, fodder and technical purposes, specifying at the same time that their approval by department (The order of the Ministry of Agriculture of the Russian Federation of September 3, 2002 N 681) does not correspond to the importance of the regulated relations. As the applicant as the import ban of the quarantine products infected with quarantine objects provided by the disputed regulation in the called Rules is absent, believes grain and products of its conversion - regardless of availability or lack of seeds of quarantine weeds in them - can freely be transported on the territory of the Russian Federation that is real threat of mass distribution of quarantine weeds, methods of fight against which, and also remedies in Krasnodar Krai are absent; thereby the rights of citizens to health protection, the favorable environment and reliable information about its condition fixed by articles 41 and 42 of the Constitution of the Russian Federation are infringed.

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