On behalf of the Russian Federation
of June 16, 2015 No. 15-P
On the case of check of constitutionality of provisions of article 139 of the Family code of the Russian Federation and article 47 of the Federal law "About Acts of Civil Status" in connection with the claim of citizens G. F. Grubich and T. G. Gushchina
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, 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 provisions of article 139 of the Family code of the Russian Federation and article 47 of the Federal law "About Acts of Civil Status".
Reason for consideration of the case was the claim of citizens G. F. Grubich and T. G. Gushchina. 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 L. O. Krasavchikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to article 139 of the Family code of the Russian Federation secrecy of adoption of the child is protected by the law; the judges who passed the decision on adoption of the child or the officials who performed the state registration of adoption, and also person otherwise informed on adoption shall keep secrecy of adoption of the child (Item 1); the persons specified in Item 1 of this Article, which divulged secrecy of adoption of the child against the will of his adoptive parents are made responsible in the procedure established by the law (Item 2).
Article 47 of the Federal Law of November 15, 1997 No. 143-FZ "About acts of civil status" provides that secrecy of adoption is protected by the law (Item 1); employees of bodies of civil registration of the adoptive parents (adoptive father) having no right without consent to report any data on adoption and to issue documents which of content it is visible that adoptive parents (adoptive father) are not parents (one of parents) of the adopted child (Item 2).
1.1. Constitutionality of the called legislative provisions is disputed in the claim of citizens G. F. Grubich and T. G. Gushchina to which by the decision of Khamovnichesky district court of the city of Moscow of August 10, 2010 left without change determination of judicial board on civil cases of the Moscow city court of November 20, 2011 it was refused satisfaction of the requirement about duty of the Khamovniki department the REGISTRY OFFICE of Management the REGISTRY OFFICE of the city of Moscow to provide access to the archive documents concerning the fact of adoption and registration of the birth of the citizen G. I. Grubich - according to the spouse and the father of declarants who as they knew after his death, at juvenile age was adopted on arrival in the USSR from Spain. At the same time courts with reference to the disputed legislative provisions recognized that secrecy of adoption is not subject to disclosure and is protected by the law. Transfer of supervising claims to these court decrees for consideration in judicial session of Supervisory Court to declarants it was also refused (determination of the judge of the Moscow city court of April 13, 2011, determination of the judge of the Supreme Court of the Russian Federation of June 28, 2011).
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