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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 16, 2009 No. 14-P

On the case of check of constitutionality of article 7.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation", Article parts one 1, parts three of Article 8 and Article 297 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen V. V. Milekhin

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman - the judge Yu. D. Rudkin, judges N. S. Bondar, G. A. Gadzhiyev, S. D. Knyazev, L. O. Krasavchikova, S. P. Mavrin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the citizen V. V. Milekhin, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of article 7.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation", Article parts one 1, of part three of Article 8 and article 297 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of the citizen V. V. Milekhin. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

Having heard the message of the judge-speaker V. G. Yaroslavtsev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation V. V. Kuznetsov, from Judicial council of the Russian Federation - D. A. Krasnova, from the Highest qualification board of judges of the Russian Federation - V. F. Popondopulo, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, the Constitutional Court of the Russian Federation established:

1. According to article 7.1 of the Law of the Russian Federation of June 26, 1992 "About the status of judges in the Russian Federation" (it is entered by the Federal Law of June 21, 1995 N 91-FZ) the judge who is in resignation for a period of up to one year in case of availability of vacant position of the judge, or in case of temporary significant increase in amount of work in court, or in case of absence of the judge or suspension of its powers can be involved N 3132-I in implementation of justice as the judge, except fulfillment of duties of the judge of the Constitutional Court of the Russian Federation, from its consent (Item 1); involvement of the judge who is in resignation to fulfillment of duties of the judge is made by the chairman of superior court in the presence of the positive conclusion of qualification board of judges (Item 2).

The citizen V. V. Milekhin disputing constitutionality of the called legislative provisions was condemned under sentence of the Soviet district court of the city of Ryazan of July 23, 2003 to punishment in the form of three years of imprisonment conditionally for crime execution, stipulated in Item "д" parts two of article 112 UK of the Russian Federation (the intentional causing average weight of harm to health made from hooligan motives). The chairman in judicial session by consideration of this criminal case was involved in implementation of justice as the judge the judge A. V. Sokolov who is in resignation.

A. V. Sokolov was appointed to judgeship of the Soviet district court of the city of Ryazan by the Presidential decree of the Russian Federation of December 16, 1994 N 2184 "About appointment of judges of district (city) courts" for the five-year term after which he filed petition for appointment to the same position without restriction of term of office, however was not appointed to judgeship. Being the judge in resignation, A. V. Sokolov since 2000 was involved in fulfillment of duties of the judge for a period of up to one year three times (in connection with significant increase in amount of work in court and availability of vacant position of the judge).

According to the applicant, article 7.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation" as the allowing possibility of implementation of justice by the judge in resignation who was not appointed the judge without restriction of term of office and not being the honorary judge (i.e. the judge having length of service as the judge at least ten years and being in resignation), does not correspond to Article 47 (part 1) of the Constitution of the Russian Federation.

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