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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 31, 2005 No. 6-P

On the case of check of constitutionality of the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles" in connection with requests of the State Meeting - Al Kurultay of Altai Republic, the Volgograd region duma, group of deputies of the State Duma and the claim of the citizen S. N. Shevtsov

Constitutional court of the Russian Federation as a part of the chairman L. O. Krasavchikova, judges N. S. Bondar, G. A. Gadzhiyev, A. L. Kononov, S. P. Mavrin, Yu. D. Rudkin, A.YA. Plums, V. G. Strekozova, B. S. Ebzeev, V. G. Yaroslavtsev,

with participation of the representative of the State Meeting - Al Kurultay of Altai Republic - the doctor of jurisprudence D. I. Tabayev, the representative of the Volgograd region duma - Candidate of Law Sciences M. N. Kozyuk, the representative of group of deputies of the State Duma - the lawyer P. N. Lazunin, 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 (parts 2 and 4) Constitutions of the Russian Federation, part one Items 1 and 3, parts three and the fourth Article 3, part two Items 1 and 3 of Article 22, Articles 36, 74, 84, 85, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles" in open session.

Reason for consideration of the case were requests of the State Meeting - Al Kurultay of Altai Republic, the Volgograd region duma, group of deputies of the State Duma and the claim of the citizen S. N. Shevtsov. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles" in general, and also its separate provisions.

As requests and the claim concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker V. G. Yaroslavtsev, explanation of agents of the parties, the expert opinion - Candidate of Technical Sciences Yu. B. Fogelson, the performances invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and representatives: from Federal Service for Insurance Supervision - I. V. Lomakina-Rumyantsev, from the Russian Association of Motor Insurers - A. B. Zmoyro, from the All-Russian social movement "Movement of Motorists of Russia" - L. D. Olshansky, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. In the addresses to the Constitutional Court of the Russian Federation applicants on this case claim that the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles" - as in general, and separate polozheniyaprotivorechit it to Articles 2, 8 (part 1), 18, of 19, 27 (part 1), 34 (part 1), 35 (parts 1 and 2), 45 (part 1), 55 (parts 2 and 3), 56 (part 3) and 57 Constitutions of the Russian Federation as the universal obligation established by it on risk insurance of the civil responsibility of owners of vehicles (under the threat of application of measures of administrative and legal responsibility to them and in the presence of prohibition of use of vehicles in case of non-execution of this obligation) is restriction of the right to own, use and dispose of the property, the rights to freely use the property for the entrepreneurial and other not prohibited by the law economic activity, and also violation of the constitutional principle of inadmissibility of the publication of the laws canceling or diminishing rights and freedoms of man and citizen.

1.1. As appears from addresses, actually applicants call into question constitutionality of introduction by the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles" of institute of compulsory insurance of risk of the civil responsibility of owners of vehicles, and also constitutionality of separate regulations of the called Federal Law which govern the relations according to the conclusion of the relevant agreement of compulsory insurance.

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