SOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 23, 2015

About approval of the overview of practice of the Constitutional Court of the Russian Federation for the first quarter 2015

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,

having heard information of the Chairman of the Constitutional Court of the Russian Federation on the Overview of practice of the Constitutional Court of the Russian Federation prepared by the Secretariat of the Constitutional Court of the Russian Federation for the first quarter 2015,

solved:

1. Approve the Overview of practice of the Constitutional Court of the Russian Federation for the first quarter 2015.

2. Place the Overview of practice of the Constitutional Court of the Russian Federation for the first quarter 2015 on the official site of the Constitutional Court of the Russian Federation.

3. Publish the Overview of practice of the Constitutional Court of the Russian Federation for the first quarter 2015 in "the Bulletin of the Constitutional Court of the Russian Federation".

The overview of practice of the Constitutional Court of the Russian Federation for the first quarter 2015

This overview is devoted to the most important decisions made by the Constitutional Court of the Russian Federation (further - the Constitutional Court) in the first quarter 2015 (the resolution, determination according to claims and requests).

I. Constitutional fundamentals of public law

1. The resolution of February 17, 2015 No. 2-P the Constitutional Court gave assessment to 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".

According to the challenged bodies of prosecutor's office interconnected by the provisions within supervision of execution of the laws by non-profit organizations are performed during which the requirements of the prosecutor following from its powers are subject to unconditional execution; exercising supervision of execution of the laws by non-profit organizations, bodies of prosecutor's office do not substitute other state bodies; the prosecutor has the right to check execution of the laws in connection with information on the facts of violation of the law requiring taking measures by the prosecutor which arrived in bodies of prosecutor's office and to demand from heads and other officials of the checked organization of submission of necessary documents, materials, statistical and other data, and also to recruit in checking actions of representatives (employees) of other state bodies.

The constitutional court recognized the disputed legislative provisions of not contradicting Constitution of the Russian Federation as they provide accomplishment by prosecutor's office of the Russian Federation of the supervision function as the activities caused on the purpose by requirements of the Constitution of the Russian Federation assigned to it and are aimed at law enforcement, the state and public security, protection of the rights and freedoms of other persons, and also others constitutionally significant values.

The constitutional court recognized the disputed legislative provisions not contradicting the Constitution of the Russian Federation also in that measure, in what they:

assume conducting checks by bodies of prosecutor's office within the certain subject of specific check caused by availability of the data specifying signs of violations of the laws in activities of non-profit organization and its officials who it is impossible to confirm or confute during interdepartmental interaction with the state body exercising federal state supervision of activities of non-profit organizations (Ministry of Justice of the Russian Federation) with removal about that the motivated decision which is subject to bringing to data of the checked non-profit organization, at least, at the time of the beginning of check;

assume possibility of request the prosecutor at heads and officials of non-profit organization of the documents and materials which are directly caused by the purposes and subject of specific check, who are not able to be received at other state bodies or from open sources and not transferred to bodies of prosecutor's office in connection with earlier performed, and do not oblige non-profit organization to submit documents which it shall not have according to the legislation, and also create the documents which are not available at the time of submission of demand of the prosecutor;

do not allow carrying out by bodies of prosecutor's office of the repeated check performed in connection with the facts specifying expected violations of the laws to which following the results of earlier performed already it was this or legal qualification, except for the inspection of elimination of violations of the laws which is carried out in time, reasonable after their identification, shall be this;

assume possibility of attraction to participation in conducting check of representatives (staff) of other state bodies only for the purpose of implementation of support (expert and analytical) functions by them that excludes independent carrying out checking actions from name and within competence of the relevant state bodies and does not allow other departures from the established current legislation of procedure and frequency of the planned actions held by authorized bodies of the state control (supervision);

oblige bodies of prosecutor's office to approval following the results of verification of the act containing ascertaining of availability or absence in activities of non-profit organization of violations of the laws in connection with which possibility public prosecutor's check, and to bringing such act to data of the checked non-profit organization was performed;

assume judicial check according to the statement of non-profit organization of legality of holding the actions of public prosecutor's supervision concerning it made during these actions of decisions, and also the related actions (failure to act) of the prosecutor, besides that the burden of proof of legitimacy of conducting check and the imposed requirements lies on the prosecutor.

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