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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 6, 2014 No. 27-P

On the case of check of constitutionality of Article 21 and article 21.1 of the Law of the Russian Federation "About the state secret" in connection with the claim of the citizen O. A. Laptev

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 articles 21 and 21.1 of the Law of the Russian Federation "About the state secret".

Reason for consideration of the case was the claim of the citizen O. A. Laptev. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

Having heard the message of the judge-speaker A. I. Boytsova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The law of the Russian Federation of July 21, 1993 No. 5485-1 "About the state secret", governing the relations arising in connection with reference of data to the state secret, their classification or declassification and protection for the benefit of safety of the Russian Federation (preamble) establishes the general procedure for the admission of officials and citizens to the state secret including, in particular, voluntary acceptance on itself obligations to the state on non-proliferation of the data entrusted them, consent to partial, temporary restrictions of their rights according to article 24 of this Law, the written consent to carrying out concerning them authorities of checking actions, acquaintance with the regulations of the legislation of the Russian Federation on the state secret providing responsibility for its violation (Article 21), and special procedure for the admission to the state secret according to which members of the Federation Council, deputies of the State Duma, judges for execution of the powers by them, and also the lawyers participating as defenders in criminal trial on the cases connected with the data which are the state secret are allowed to the data which are the state secret without holding checking actions, the stipulated in Article 21 this Law; specified persons are warned about nondisclosure of the state secret which became to them known in connection with execution of the powers by them and about attraction them to responsibility in case of its disclosure about what the corresponding receipt is taken away from them; safety of the state secret in such cases is guaranteed by establishment of responsibility of specified persons by the Federal Law (Article 21. 1).

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