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DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 27, 2005 No. 491-O

At the request of the St. Petersburg city court about check of constitutionality of separate provisions of the Federal constitutional Law "About Judicial System of the Russian Federation", Law of the Russian Federation "About the status of judges in the Russian Federation" and the Federal Law "About bodies of judicial community in the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, 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, A.YA. Plums, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having heard the conclusion of the judge O. S. Hokhryakova who was carrying out preliminary studying of request of the St. Petersburg city court based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:

1. In production of the St. Petersburg city court there is case on the petition from citizens of Yu. V. Karpenko and I. N. Polovtsev on recognition invalid separate provisions of article 1 of the Law of St. Petersburg of May 27, 2005 "About modification and amendments in the Law of St. Petersburg "About Authorized court of St. Petersburg" on the ground that the changes made by it to the mechanism of forming of Authorized court of St. Petersburg and its competence contradict regulations of the Federal Laws, influence independence and impartiality of this court that can lead to violation of the right of citizens to judicial protection, and also about recognition of the Law in general not corresponding to the federal legislation in the order of acceptance. Besides, Yu. V. Karpenko considers, that fixed by the disputed Law of the requirement to the candidate for judgeship of Authorized court of St. Petersburg (to have faultless reputation and acknowledged high qualification in the field of the right) and the procedure of promotion of candidates and investment of the judge unreasonably limit to their powers its right as citizen of the Russian Federation to apply for holding the post of the judge of Authorized court of Sankt-Petersburg.

The St. Petersburg city court, having come to conclusion that the provisions of Article 12 and part 4 of article 13 of the Federal constitutional Law "About Judicial System of the Russian Federation", Item 1 of Article which are subject to application in case of permission of this case 2, of item 4 of Article 11 and article 14 of the Law of the Russian Federation "About the status of judges in the Russian Federation", and also Item 1 of article 19 of the Federal law "About Bodies of Judicial Community in the Russian Federation" - in that part in what they provide possibility of regulation by the law of the subject of the Russian Federation of the questions concerning the status of judges of the constitutional (authorized) court of the subject of the Russian Federation contradict the differentiation of areas of jurisdiction established by the Constitution of the Russian Federation between the Russian Federation and subjects of the Russian Federation in the field of the organization of judicial authority, and also to the principle of unity of the status of judges, suspended proceeedings and sent to the Constitutional Court of the Russian Federation inquiry for check of constitutionality of the specified legislative provisions.

According to the applicant, article 12 of the Federal constitutional Law "About Judicial System of the Russian Federation" and provision of Item 1 of article 2 of the Law of the Russian Federation "About the status of judges in the Russian Federation" according to which features of legal status of some categories of judges are determined by the Federal Laws and in the cases provided by the Federal Laws, also the laws of subjects of the Russian Federation in their interrelation with article 14 of the Law of the Russian Federation "About the status of judges in the Russian Federation", the judge establishing the bases of the termination of powers, do not correspond to the Constitution of the Russian Federation, its Articles 71 (Item "about"), 118, 120 and 121, as in the sense given to these provisions by law-enforcement practice allow possibility of establishment by the subject of the Russian Federation of the special bases of the termination of the powers of the judge of the constitutional (authorized) court of the subject of the Russian Federation other than the bases, fixed by the Law of the Russian Federation "About the status of judges in the Russian Federation" that can lead to decrease in federal guarantees of the status of the judges extending and on judges of data of courts and by that - to violation by the laws of the subject of the Russian Federation of the principle of unity of the status of judges in the Russian Federation.

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