On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 17, 2015 No. 2-P

On the case of check of constitutionality of provisions of Item 1 of Article 6, Item 2 of Article 21 and Item 1 of article 22 of the Federal law "About Prosecutor's Office of the Russian Federation" in connection with claims of interregional association of human rights public associations "AGORA", interregional public organization "Human rights center "Memorial", the international public organization "The international historical and educational, benevolent and human rights society "Memorial", regional public charitable organization of the help to refugees and displaced persons "Civil assistance", autonomous nonprofit organization of the legal, information and expert services "Transbaikal Human Rights Center", regional public fund "International standard" in the Republic of Bashkortostan and the citizen S. A. Gannushkina

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, N. V. Seleznyov, V. G. Yaroslavtsev,

with participation of the citizen S. A. Gannushkina, representative of interregional public organization "Human rights center "Memorial", the international public organization "The international historical and educational, benevolent and human rights society "Memorial" both regional public charitable organization of the help to refugees and displaced persons "Civil assistance" - the lawyer S. A. Golubk, the representative of interregional association of human rights public associations "AGORA", autonomous nonprofit organization of the legal, information and expert services "Transbaikal Human Rights Center" and regional public fund "International standard" in the Republic of Bashkortostan - the lawyer R. H. Akhmetgaliyev, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A.I. Alexandrov, 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 Item 1 of Article 6, of Item 2 of Article 21 and Item 1 of article 22 of the Federal law "About Prosecutor's Office of the Russian Federation".

Reason for consideration of the case were the collective claim of interregional public organization "Human rights center "Memorial", the international public organization "The international historical and educational, benevolent and human rights society "Memorial", regional public charitable organization of the help to refugees and displaced persons "Civil assistance" and the citizen S. A. Gannushkina, and also claims of interregional association of human rights public associations "AGORA", autonomous nonprofit organization of the legal, information and expert services "Transbaikal Human Rights Center" and regional public fund "International standard" in the Republic of Bashkortostan. 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 applicants of legislative provision.

As all 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 N. S. Bondar, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from Russian President's Council for Civil Society and Human Rights - I. G. Shablinsky, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the Federal Law of January 17, 1992 No. 2202-1 "About prosecutor's office of the Russian Federation" the requirements of the prosecutor following from its powers on check of execution of the laws by governing bodies and heads of non-profit organizations are subject to unconditional execution at the scheduled time (Item 1 of Article 6); when implementing supervision of execution of the laws bodies of prosecutor's office do not substitute other state bodies; execution of the laws is performed based on the prosecutor's office of information on the facts of violation of the laws requiring taking measures by the prosecutor which arrived in bodies (Item 2 of Article 21); the prosecutor when implementing of the functions assigned to it has the right to enter freely upon presentation of the official ID in the territory and premises of the bodies specified in Item 1 of article 21 of this Federal Law, to have access to their documents and materials, to check execution of the laws in connection with the prosecutor's office which arrived in bodies information on the facts of violation of the law, to demand from heads and other officials of the specified bodies of submission of necessary documents, materials, statistical and other data, allocation of specialists for clarification of the arisen questions, conducting checks on the materials and addresses which arrived in bodies of prosecutor's office, audits of activities of the organizations under control or subordinated to them, to call officials and citizens for explanations concerning violations of the laws (Item 1 of Article 22).

1.1. Constitutionality of paragraph two of Item 2 of Article 21 and Item 1 of article 22 of the Federal law "About Prosecutor's Office of the Russian Federation" is disputed in the collective claim of interregional public organization "Human rights center "Memorial", the international public organization "The international historical and educational, benevolent and human rights society "Memorial", regional public charitable organization of the help to refugees and displaced persons "Civil assistance" and its chairman - the citizen S. A. Gannushkina.

Within the inspection of execution of the current legislation which is carried out in March - April, 2013 the prosecutor's office of the city of Moscow with participation of staff of the Ministry of Justice of the Russian Federation, Ministry of Internal Affairs of the Russian Federation and the Federal Tax Service concerning the specified non-profit organizations, to their heads sent requirements about submission of constituent and statutory documents, the information about founders, other documents concerning activities of the relevant non-profit organization for the checked period including the means disclosing sources and other property confirming timeliness and completeness of submission of reports to the Ministry of Justice of the Russian Federation, documents on expenditure of the money and on use of other property received for organization activity implementation.

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