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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 17, 2011 No. 8-P

On the case of check of constitutionality of number of provisions of article 18 of the Federal law "About the Status of the Military Personnel", article 5 of the Federal law "About Compulsory National Insurance of Life and Health of the Military Personnel, the Citizens Called on Military Charges, Faces of the Private and the Commanding Structure of Law-enforcement Bodies of the Russian Federation, the Public Fire Service, Drug Trafficking Monitoring Bodies and Psychotropic Substances, the Staff of Organizations and Bodies of Criminal Executive System" and Article 1084 of the Civil code of the Russian Federation in connection with claims of citizens A. P. Kuzmenko and A. V. Orlov and request of the Izberbash city court of the Republic of Dagestan

 

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of citizens A. P. Kuzmenko and A. V. Orlovaadvokat of I. A. Yashkov, 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, 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, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of number of provisions of article 18 of the Federal law "About the Status of the Military Personnel", article 5 of the Federal law "About Compulsory National Insurance of Life and Health of the Military Personnel, the Citizens Called on Military Charges, Faces of the Private and the Commanding Structure of Law-enforcement Bodies of the Russian Federation, the Public Fire Service, Drug Trafficking Monitoring Bodies and Psychotropic Substances, the Staff of Organizations and Bodies of Criminal Executive System" and Article 1084 of Civil Code of the Russian Federation in open session.

Reason for consideration of the case were claims of citizens A. P. Kuzmenko and A. V. Orlov, and also request of the Izberbash city court of the Republic of Dagestan. 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 applicants of legislative provision.

As claims of citizens and request of court 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 S. M. Kazantsev, explanation of agents of the parties, 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 of representatives: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation I. V. Krupnov, from the Ministry of Justice of the Russian Federation - E. A. Borisenko, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

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