On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 18, 2013 No. 19-P

On the case of check of constitutionality of Item 13 parts one of Article 83, the paragraph of third of part two of Article 331 and article 351.1 of the Labor Code of the Russian Federation in connection with claims of citizens V. K. Barabash, A. N. Bekasova and others and request of the Murmansk region duma

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 citizen O. V. Glikman - the lawyer S. V. Chugunov, the representative citizen A. V. Gumerov - Candidate of Law Sciences V. A. Pimonov, the representative citizen O. A. Kurashkin - the lawyer N. O. Semenov, the citizen K. M. Shcherbina, the representative of citizens O. V. Glikman and K. M. Shcherbina - the lawyer A. V. Pchelintsev, the representative of the Murmansk region duma - Candidate of Law Sciences A. Z. Lysova, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin, 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 (the Item "and" of part 2 and part 4) Constitutions of the Russian Federation, the subitem "an" of Item 1 and Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 84, 85, 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 Item 13 parts one of Article 83, of the paragraph of third of part two of Article 331 and article 351.1 of the Labor Code of the Russian Federation.

Reason for consideration of the case were claims of citizens V. K. Barabash, A. N. Bekasova, I. I. Gardera, O. V. Glikman, E. V. Gorokhova, A. V. Gumerova, O. A. Zhukova, D. A. Karabut, O. A. Kurashkin, V. V. Osintsev, K. M. Shcherbina and request of the Murmansk region duma. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation challenged by applicants of legislative provision.

As all claims and request 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 V. G. Yaroslavtsev, explanation of the parties and their representatives, speeches of the representatives invited in meeting: from the Ministry of Labour and Social Protection of the Russian Federation - S. M. Petrova, from the Ministry of Education and Science of the Russian Federation - O. V. Fedorova, from the Ministry of Justice of the Russian Federation - E. A. Borisenko, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Commissioner for Human Rights in the Russian Federation - A. N. Maximova, and also speech of the Comissioner for the President of the Russian Federation on the rights child P. A. Astakhov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Item fixes 13 parts one of article 83 of the Labor Code of the Russian Federation in quality of the basis of the termination of the employment contract on the circumstances which are not depending on will of the parties, emergence of the obligations established by this Code, other Federal Law and excluding possibility of execution by the worker according to the employment contract of restrictions for occupation with certain types of labor activity.

The paragraph third parts two of article 331 of the Labor Code of the Russian Federation establishes prohibition on occupation pedagogical activities for the persons having or having criminal record, which are exposed or being exposed to criminal prosecution (except for persons concerning whom criminal prosecution is stopped on the rehabilitating bases) for crimes against life and health, freedom, honor and advantage of the personality (except for the illegal room in psychiatric hospital, slander and insult), sexual integrity and sexual freedom, against family and minors, health of the population and public morality, bases of the constitutional system and safety of the state, and also against public safety, and article 351.1 of this Code - prohibition for specified persons on implementation of labor activity in education, education, development of minors, the organization of their rest and improvement, medical support, social protection and social servicing, in the sphere of sport for children and young people, cultures and arts with participation of minors.

The part two of article 331 of the Labor Code of the Russian Federation was added with the paragraph third, and Article 351.1 - is included in this Code by the Federal Law of December 23, 2010 No. 387-FZ "About introduction of amendments to article 22.1 of the Federal law "About State Registration of Legal Entities and Individual Entrepreneurs" and the Labor Code of the Russian Federation" (items 4 and the 5th Articles 2).

1.1. On March 13, 2012 the deputy prosecutor of Oymyakonsky district of the Republic of Sakha (Yakutia) to the director of Ust-Nersky Gymnasium municipal educational institution directed idea of elimination of violations of requirements of the labor law and legislation on education and termination of employment relationships with the citizen V. K. Barabash - the teacher of geography and ecology on the ground that she was found by sentence of the magistrate judge of Oymyakonsky judicial site No. 24 of August 22, 2002 guilty of making of crimes, stipulated in Article 116th "Beating" and part three of the article 118 "Causing Heavy or Average Weight of Harm to Health on Imprudence" UK of the Russian Federation, and by it imposed penalty in the form of corrective works for a period of three months with deduction in the income of the state of 10 percent of earnings.

Satisfaction of the action for declaration about recognition of this representation illegal and violating its rights and freedoms V. K. Barabash it is refused by the decision of Oymyakonsky district court of the Republic of Sakha (Yakutia) of March 30, 2012 left without change appeal determination of judicial board on civil cases of the Supreme Court of the Republic of Sakha (Yakutia) of May 30, 2012, and she was dismissed by the order of July 10, 2012 on the basis, stipulated in Item 3 parts one of article 77 of the Labor Code of the Russian Federation (termination of the employment contract at the initiative of the worker).

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