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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 15, 2012 No. 26-P

On the case of check of constitutionality of provision of part 2 of article 10 of the Federal law "About the Public Civil Service of the Russian Federation" in connection with request of General Court of Kamchatka Krai

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, G. A. Gadzhiyev, 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 the Federation Council - the doctor of jurisprudence A. S. Salomatkin,

being guided by Article 125 (the part Item "and" 2) of the Constitution of the Russian Federation, the subitem "an" of Item of 1 part one, parts three and the fourth Article 3, Articles 36, of 74, of 84, 85 and 86 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", considered case on check of constitutionality of provision of part 2 of article 10 of the Federal law "About the Public Civil Service of the Russian Federation" in open session.

Reason for consideration of the case was the request of General Court of Kamchatka Krai. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed in request.

Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of the representative of the Federation Council, speech of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation L. A. Kalinina, 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:

1. According to part 2 of article 10 of the Federal Law of July 27, 2004 N 79-FZ "About the public civil service of the Russian Federation" the register of positions of the public civil service of the subject of the Russian Federation affirms the law or other regulatory legal act of the subject of the Russian Federation taking into account provisions of this Federal Law, and also structure of state bodies, names, categories and groups of the positions of the public civil service of the Russian Federation established by the Register of positions of Federal public civil service.

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