On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 14, 2015 No. 9-P

On the case of check of constitutionality of Item 5 of article 11 of the Law of the Russian Federation "About the status of judges in the Russian Federation" in connection with request of Presidium of the Supreme Court of the Russian Federation

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, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 101, 102 and 104 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 5 of article 11 of the Law of the Russian Federation "About the status of judges in the Russian Federation".

Reason for consideration of the case was the request of Presidium of the Supreme Court of the Russian Federation. 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 in request.

Having heard the message of the judge-speaker Yu. M. Danilov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 5 of article 11 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "About the status of judges in the Russian Federation" the judge is considered entered position from the moment of bringing of the oath by it, and in case of assumption of office of the judge of person who was earlier taking the oath - from the date of its appointment (election) to judgeship.

1.1. Constitutionality of the called legislative provision is disputed in request of Presidium of the Supreme Court of the Russian Federation in which production there is criminal case in connection with supervising claims to sentence of the Moscow District Military Court of July 11, 2011 and cassation determination of Military board of the Supreme Court of the Russian Federation of April 9, 2012, R. which are taken out concerning citizens and T., the heavy and especially serious crimes condemned for making to punishment in the form of lifelong imprisonment.

This criminal case since July 22, 2010 was considered on the first instance by the Moscow District Military Court as a part of board from three judges. In supervising claims the party of protection asked to cancel sentence as taken out by illegal structure of court, referring to the fact that one of the judges entering into board the Presidential decree of the Russian Federation of June 7, 2011 No. 715 was appointed the judge of the Moscow city court, and therefore could not participate in further review of criminal case and in the resolution of sentence on it.

In the request in the Constitutional Court of the Russian Federation the Presidium of the Supreme Court of the Russian Federation claims that Item 5 of article 11 of the Law of the Russian Federation "About the status of judges in the Russian Federation" contradicts Articles 47 (part 1) and 121 (part 2) of the Constitution of the Russian Federation as in system of the operating legal regulation it generates uncertainty concerning possibility of the end of consideration on the merits of the criminal case begun with participation of the judge appointed during consideration of this case to judgeship in other court.

1.2. As appears from Articles 74, 101 and 102 Federal constitutional laws "About the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation on requests of courts are checked by constitutionality of the challenged normative provisions according to the procedure of specific compliance assessment in that part in what they are subject to application in the case which is in production of court, estimating both literal sense of these provisions, and the sense given them by official and other interpretation, and also the developed law-enforcement practice and considering their place in system of regulations.

Respectively, subject of consideration of the Constitutional Court of the Russian Federation of this case is Item 5 of article 11 of the Law of the Russian Federation "About the status of judges in the Russian Federation" in that measure in what the provision containing in it raises the question of possibility of continuation of consideration on the merits of criminal case by the judge appointed during consideration of this case to judgeship in other court.

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