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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 30, 2014 No. 26-P

On the case of check of constitutionality of Item 1 of article 3 of the Federal law "About Modification of Separate Legal Acts of the Russian Federation regarding Implementation of Measures for Increase in Prestige and Attractiveness of Military Service" in connection with request of Parliament of the Chechen Republic

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 Parliament of the Chechen Republic - Candidate of Law Sciences H. M. Dadayev, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov, 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 part Item "and" 2) Constitutions of the Russian Federation, the subitem "an" of Item of 1 part one, parts three and the fourth Article 3, Articles 36, 74, 84, 85 and 86 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of Item 1 of article 3 of the Federal law "About Modification of Separate Legal Acts of the Russian Federation regarding Implementation of Measures for Increase in Prestige and Attractiveness of Military Service" in open session.

Reason for consideration of the case was the request of Parliament of the Chechen Republic. 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 S. P. Mavrin, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Ministry of Defence of the Russian Federation - E. A. Struchkova, 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. Item 1 of article 3 of the Federal Law of July 2, 2013 No. 170-FZ "About modification of separate legal acts of the Russian Federation regarding implementation of measures for increase in prestige and attractiveness of military service" part 1 of article 16 of the Federal Law of July 27, 2004 No. 79-FZ "About the public civil service of the Russian Federation" is added with Item 11, according to which the citizen of the Russian Federation cannot be accepted on the public civil service, and the government civil servant cannot be on the public civil service in case of recognition its not undergone military service, without having on that legal causes, according to the conclusion of the draft commission (except for the citizens who passed military service under the contract).

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