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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 21, 2005 No. 13-P

On the case of check of constitutionality of separate provisions of the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" in connection with claims of number of citizens

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

with participation of citizens V. F. Grishkevich, A. V. Loparev and B. B. Nadezhdin, the lawyer V. Yu. Prokhorov - the representative of the citizens who appealed to the Constitutional Court of the Russian Federation, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation Yu. A. Sharandin, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of separate provisions of the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" in open session.

Reason for consideration of the case were the claim of the citizen V. F. Grishkevich, and also the claim of citizens N. S. Manzhikova, E. S. Morgasov and Zh. A. Sanzhapova, N. A. Anfilatova, V. I. Gurov, M. V. Polezhayev and A. N. Popov, A. N. Varakina, A. V. Moiseenko, M. E. Osovsky, N. B. Smolyanov and S. N. Tremasova, O. V. Babinsky, M. Yu. Vdovenko, V. P. Kolotov, E. V. Klyushnikova, V. P. Nebalzin, P. T. Timofeev, E. A. Fedotov and A. S. Yakusheva, Yu. V. Bogush, I. A. Zharskaya and O. G. Mayerov, Yu. E. Gogolev, V. L. Lunev, G. G. Novikov, O. S. Nosov and I. E. Pankratov, S. S. Bukin, V. A. Gudeev and K. Yu. Kuldasov, A. N. Milostnykh and V. M. Skripkina, O. D. Dyachkina, V. I. Kachanova, V. A. Krysanova, S. A. Nefedova and V. F. Shchedrina, A. V. Lopareva, N. P. Lykhina, B. B. Nadezhdina, S. V. Rudakova, V. V. Sidneva, G.E. Sokolova and K. P. Fokin, V. I. Ivanov, I. A. Lebedeva and V. V. Ulyanov, E. A. Dvilyanskaya, Yu. A. Skvortsov and S. A. Tarasova, A. B. Zaytsev and V. V. Popov, Yu. V. Buhangca, S. A. Zhirkov, M. Yu. Maximov and V. A. Orekhov. 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 by applicants of October 6, 1999 "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation" (in edition of the Federal Law of December 11, 2004 "About introduction of amendments to the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and to the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation").

As all claims 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 claims in one production.

Having heard the message of judges-speakers N. S. Bondar and B. S. Ebzeev, explanation of the parties and their representatives, performances of spetsialistovdoktor of political sciences of V. N. Lysenko and the deputy of the State Duma S. A. Popov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. By determination of the judge of the Tyumen regional court of February 28, 2005 to the citizen V. F. Grishkevich it is refused acceptance to consideration of the application about recognition illegal and subject to cancellation of the decision of the Tyumen region duma of February 17, 2005 "About Sobyanin Sergey Semenovich's investment with powers of the Governor of the Tyumen region" with reference to the fact that the procedure for investment of the citizen of the Russian Federation with powers of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) according to which this decision is passed, is directly stipulated in Article 18 Federal Laws "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation", and permission of question of whether constitutional rights of the citizen V.F. were violated by this Federal Law. Grishkevich, it can be performed only by means of the constitutional legal proceedings.

In the claim in the Constitutional Court of the Russian Federation V. F. Grishkevich disputes constitutionality of article 18 of the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" (in edition of the Federal Law of December 11, 2004) in the part fixing that the citizen of the Russian Federation is allocated with powers of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) on representation of the President of the Russian Federation by legislative (representative) public authority of the subject of the Russian Federation according to the procedure, provided by this Federal Law and the constitution (charter) of the subject of the Russian Federation, and also constitutionality of relevant provisions of the Federal Law of December 11, 2004 "About introduction of amendments to the Federal law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" and to the Federal law "About Basic Guarantees of the Voting Rights and the Participation Rights in Referendum of Citizens of the Russian Federation".

According to the applicant, the disputed legislative provisions as providing investment of the citizen of the Russian Federation with powers of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) on representation of the President of the Russian Federation by legislative (representative) public authority of the subject of the Russian Federation, but not as a result of direct elections by the population of appropriate subject of the Russian Federation as it was established by the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" in initial edition, illegally limit constitutional right of citizens to choose and be elected to public authorities and by that contradict Articles 17, of 18, 32 and 55 (part 2) Constitutions of the Russian Federation.

In meeting of the Constitutional Court of the Russian Federation on this case V. F. Grishkevich in addition made the demand about check of constitutionality of the provisions of the Federal Law "About the General Principles of the Organization of Legislative (Representative) and Executive Bodies of the Government of Subjects of the Russian Federation" regulating competences of the President of the Russian Federation in cases when the legislature of the subject of the Russian Federation does not make the relevant decision.

Meanwhile the citizen - owing to Article 125 (part 4) of the Constitution of the Russian Federation, Item 3 parts one of Article 3, of articles 96 and 97 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" - can appeal to the Constitutional Court of the Russian Federation with the claim to violation of constitutional rights and freedoms the law and its claim can be taken cognizance by the Constitutional Court of the Russian Federation if the law affects constitutional rights and freedoms and it is applied or is subject to application in specific case which consideration is complete or begun in the court or other body applying the law.

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