On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 16, 2015 No. 8-P

On the case of check of constitutionality of Item 3 parts one of article 26 of the Federal law "About Weapon" in connection with the claim of non-state educational institution of additional professional education "The educational and technical center "Kolchuga"

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 3 parts one of article 26 of the Federal law "About Weapon".

Reason for consideration of the case was the claim of non-state educational institution of additional professional education "The educational and technical center "Kolchuga". 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 the applicant.

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

established:

1. According to Item 3 parts one of article 26 of the Federal Law of December 13, 1996 No. 150-FZ "About weapon" the license for acquisition of weapon and permission to storage or storage and carrying weapon are cancelled by the bodies which granted these the license and (or) permission in case of the circumstances excluding possibility of receipt of the license and (or) permission provided by this Federal Law.

With reference to this legislative provision Arbitration Courts left without satisfaction the requirement of the applicant for this case - non-state educational institution of additional professional education "The educational and technical center "Kolchuga" about recognition illegal the conclusions about cancellation of the permissions to storage and use of weapon and cartridges issued to it to it and on use of the weapon and cartridges to it which is taken out by law-enforcement bodies by results of check during which the facts of violation by the applicant of the conditions ensuring safety, accounting and safety of storage of weapon and cartridges to it were elicited.

According to the applicant, the Item applied in its case 3 parts one of article 26 of the Federal law "About Weapon" contradict Articles 8 (part 1), 15 (part 2), 34 (part 1), 35 (parts 1 - 3), 37 (part 1) and 46 (part 1) Constitutions of the Russian Federation as allows to consider abuse of regulations of storage of weapon and cartridges as the basis for cancellation extrajudicially of the permission to storage and use of weapon and cartridges issued to the legal entity to it whereas the part four of the same Article allows cancellation of such permission only judicially and only if the legal entity in the time of administrative suspension of its activities established by court did not eliminate the allowed abuses of regulations in the field of traffic in weapons and cartridges to it which entailed imposing of punishment in the form of administrative suspension of operations.

Thus, proceeding from requirements of Articles 3, 36, 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" concretizing Article 125 (part 4) of the Constitution of the Russian Federation, Item 3 parts one of article 26 of the Federal law "About Weapon" are subject of consideration of the Constitutional Court of the Russian Federation of this case so far as the provision containing in it acts as legal basis for cancellation by authorized body of the permission to storage, use of weapon and cartridges issued to the legal entity to it in connection with identification of the violations of conditions of safety, accounting and safety of storage of weapon allowed by this legal entity.

2. The constitution of the Russian Federation, guaranteeing freedom of economic activity, and also recognition and equal protection private, state, municipal and other patterns of ownership in the Russian Federation, affirms the right of everyone to free use of the capabilities and property for the entrepreneurial and other not prohibited by the law economic activity, the right to have property in property, to own, use and dispose of it as solely, and together with other persons (Article 8; Article 34, part 1; Article 35, part 2).

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