Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 11, 2014 No. 29-P

On the case of check of constitutionality of Item 7 of part 3 of article 82 of the Federal law "About Service in Law-enforcement Bodies of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" in connection with claims of citizens D. A. Vasin and I. S. Kravchenko

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 Item 7 of part 3 of article 82 of the Federal law "About Service in Law-enforcement Bodies of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation".

Reason for consideration of the case were claims of citizens D. A. Vasin and I. S. Kravchenko. 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 by applicants.

As both claims 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 claims in one production.

Having heard the message of the judge-speaker V. G. Yaroslavtsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 7 of part 3 of article 82 of the Federal Law of November 30, 2011 No. 342-FZ "About service in law-enforcement bodies of the Russian Federation and modification of separate legal acts of the Russian Federation", become effective since January 1, 2012, the contract on service in law-enforcement bodies is subject to termination, and the employee of law-enforcement bodies - to dismissal from service in law-enforcement bodies in connection with condemnation of the employee for crime, and also in connection with the termination concerning the employee of criminal prosecution behind lapse of time, in connection with conciliation of the parties, owing to the act of amnesty, in connection with active repentance.

1.1. The citizen D. A. Vasin serving in law-enforcement bodies was dismissed by the order of Regional Office of the Ministry of Internal Affairs of the Russian Federation across the Kaluga region of April 15, 2013 from service on the ground that in August, 2002 the criminal case of public accusation brought on part one of the article 264 "Road Traffic Offence and Operation of Vehicles" UK of the Russian Federation was dismissed against it in connection with conciliation of the parties. By the decision of the Kaluga district court of the Kaluga region of June 4, 2013 left without change appeal determination of judicial board on civil cases of the Kaluga regional court of September 23, 2013 satisfaction of requirements about recognition of the dismissal order illegal and reinstatement it is refused. In transfer of writs of appeal D. And. Vasin on the decision of the Kaluga district court of the Kaluga region of June 4, 2013 and determination of judicial board on civil cases of the Kaluga regional court of September 23, 2013 for consideration of court of cassation instance was also refused to it (determination of the chairman of the Kaluga regional court of December 19, 2013 and determination of the judge of the Supreme Court of the Russian Federation of February 19, 2014).

The citizen I. S. Kravchenko serving in law-enforcement bodies was dismissed by the order of Head department of the Ministry of Internal Affairs of the Russian Federation across the Novosibirsk region of June 19, 2012 from service on the ground that the criminal case of public accusation brought on part two of the article 200 "Deception of Consumers" UK of the Russian Federation was dismissed against it in 2000 in connection with active repentance. Its claims about recognition of the dismissal order illegal and recovery on service were satisfied with the decision of the Central district court of the city of Novosibirsk of September 24, 2012. This decision is cancelled by appeal determination of judicial board on civil cases of the Novosibirsk regional court of December 13, 2012, is refused satisfaction of claims of I. S. Kravchenko. Transfer of its writs of appeal on this appeal determination for consideration of court of cassation instance it is also refused (determination of the judge of the Novosibirsk regional court of February 6, 2013 and determination of the judge of the Supreme Court of the Russian Federation of April 16, 2013).

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.