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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 26, 2015 No. 3-P

On the case of check of constitutionality of provisions of part 1 of article 9 of the Federal Law of December 25, 2012 No. 269-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of wages system of judges of the Russian Federation, and also recognition voided separate legal acts (provisions of legal acts) of the Russian Federation" in connection with the claim of the citizen V. P. Selezenev

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 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 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 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 provisions of part 1 of article 9 of the Federal Law of December 25, 2012 No. 269-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of wages system of judges of the Russian Federation, and also recognition voided separate legal acts (provisions of legal acts) of the Russian Federation".

Reason for consideration of the case was the claim of the citizen V. P. Selezenev. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed in the claim of legislative provision.

Having heard the message of the judge-speaker N. V. Seleznyov, explanation of representatives of the State Duma, Federation Council and the President of the Russian Federation, speech of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from Judicial department under the Supreme Court of the Russian Federation - T. D. Chekhovskoy, from Judicial council of the Russian Federation - I. N. Samylina, from the Highest qualification board of judges of the Russian Federation - Z. A. Kambegova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part 1 of article 9 of the Federal Law of December 25, 2012 No. 269-FZ "About modification of separate legal acts of the Russian Federation regarding enhancement of wages system of judges of the Russian Federation, and also recognition voided separate legal acts (provisions of legal acts) of the Russian Federation" the qualification classes appropriated on the date of entry into force of this Federal Law to effective judges according to the Regulations on qualification certification of judges approved by the Resolution of the Supreme Council of the Russian Federation of May 13, 1993 No. 4960-1 "About approval of the Regulations on qualification boards of judges and Regulations on qualification certification of judges" are considered corresponding to qualification classes, the established Law of the Russian Federation of June 26, 1992 as No. 3132-1 "About the status of judges in the Russian Federation" (in edition of this Federal Law), according to the provided table of correspondences.

1.1. The applicant on this case citizen V. P. Selezenev since November 30, 2006 till present replaces position of the chairman of Leninsky district court of the city of Smolensk. Before appointment to this post V. P. Selezenev replaced judgeship of the Smolensk regional court on which the second qualification class was appropriated on February 27, 2004 to it. The decision of qualification board of judges of the Smolensk region of February 22, 2013 according to the procedure of reduction of earlier appropriated qualification classes in compliance with the new legal regulation entered by the Federal Law of December 25, 2012 No. 269-FZ, V.P. to Selezenev established the sixth qualification class.

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