On behalf of the Russian Federation
of May 13, 2014 No. 14-P
On the case of check of constitutionality of part 1 of article 7 of the Federal law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye" in connection with the claim of the citizen A. N. Yakimov
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,
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, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of part 1 of article 7 of the Federal law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye".
Reason for consideration of the case was the claim of the citizen A. N. Yakimov. 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 the applicant of legislative provision.
Having heard the message of the judge-speaker N. S. Bondar, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 1 of article 7 of the Federal Law of June 19, 2004 No. 54-FZ "About meetings, meetings, demonstrations, processions and piketirovaniye" the notification on holding public action (except for meeting and the picketing which is carried out by one participant) moves his organizer in writing in executive body of the subject of the Russian Federation or local government body not earlier than 15 and no later than 10 days about day of holding public action in time; when carrying out picketing by group of persons the notification on holding public action can move no later than three days about day of its carrying out in time and if the specified days match with Sunday and (or) in the non-working holiday (non-working holidays) - no later than four days about day of its carrying out.
As appears from the materials brought into the Constitutional Court of the Russian Federation, the Committee on questions of legality, law and order and safety of the Government of St. Petersburg refused to the applicant on this case citizen A. N. Yakimov in carrying out coordination on January 19, 2012 of public action in the form of procession on the ground that the notification on holding the specified public action was submitted on January 10, 2012, i.e. with violation of the Federal Law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye" of term established by part 1 of Article 7.
Believing refusal illegal, A. N. Yakimov challenged it in Smolninsky district court of the city of St. Petersburg, having specified in the statement, in particular, that had no opportunity to submit the notification to the time established by the law as it fell on non-working holidays (from December 31, 2011 to January 9, 2012 inclusive). The Trial Court the decision of January 30, 2012 (it is left without change appeal determination of judicial board on civil cases of the St. Petersburg city court of April 24, 2012) in satisfaction of the declared requirements refused, having referred to the fact that the question of submission due dates of the notification on holding public action is settled in the federal legislation and had no right to solve it differently executive body of the subject of the Russian Federation; besides, the applicant was not deprived of opportunity to submit the notification by means of the mailing.
Without calling in question as such specific initial and final terms for submission of the notification on holding public action, A. N. Yakimov sees violation by part 1 of article 7 of the Federal law "About Meetings, Meetings, Processions and Piketirovaniye" of right to liberty of peaceful assemblies that its provisions - taking into account the legal regulation of non-working holidays established by the Labor Code of the Russian Federation, and also in interrelation with the regulatory legal acts of St. Petersburg determining procedure for submission of the notification on holding public action - create absolute obstacles for holding public action in situation when the submission due date of the notification on holding public action provided by the called Federal Law falls on the period of non-working holidays and by that contradict Articles 31 and 55 (part 3) of the Constitution of the Russian Federation.
Respectively, proceeding from requirements of Articles 3, of 36, of 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", part 1 of article 7 of the Federal law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye" are subject of consideration of the Constitutional Court of the Russian Federation of this case so far as it forms the basis for the solution of question of submission due date of the notification on holding public action if this term determined by the general rule (not earlier than 15 and no later than 10 days about day of holding public action), completely matches non-working holidays.
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