On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 1, 2015 No. 18-P

On the case of interpretation of Articles 96 (part 1) and 99 (parts 1, 2 and 4) Constitutions 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, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of representatives of the Federation Council as the party which made inquiry in the Constitutional Court of the Russian Federation - the chairman of committee of the Federation Council on the constitutional legislation and the state construction, the member of the Federation Council A. A. Klishas and the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov,

being guided by Article 125 (part 5) Constitutions of the Russian Federation, part one item 4, parts three and the fourth Article 3, Articles 36, 74 and 105 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on interpretation of Articles 96 in open session (part 1) and 99 (parts 1, 2 and 4) Constitutions of the Russian Federation.

Reason for consideration of the case was the request of the Federation Council. The basis to consideration of the case was the found uncertainty in understanding of the specified provisions of the Constitution of the Russian Federation of their interrelations.

Having heard the message of the judge-speaker S. D. Knyazev, the explanation of representatives of the Federation Council, performance invited in meeting of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin who was at the same time representing parliamentary fraction of the United Russia Party, the representative of parliamentary fraction of political party "Communist Party of the Russian Federation" - the deputy of the State Duma Yu. P. Sinelshchikov, the representative of parliamentary fraction of political party "Just Russia" - the deputy of the State Duma A. G. Tarnavsky, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Article 96 (part 1) of the Constitution of the Russian Federation provides that the State Duma is elected for a period of five years. According to article 99 of the Constitution of the Russian Federation Federal Assembly is permanent body (part 1); The State Duma gathers for the first meeting for the thirtieth day after election; The President of the Russian Federation can convene meeting of the State Duma before this term (part 2); from the moment of the beginning of work of the State Duma of new convocation of power of the State Duma of former convocation stop (part 4).

Interpretation of the called provisions of the Constitution of the Russian Federation as they do not contain the direct answer to question whether we will allow the transfer in constitutionally significant purposes of date of regular elections of deputies of the State Duma integrated to insignificant reduction of five-year term of office in monthly expression to which according to the Constitution of the Russian Federation the State Duma of the current convocation was elected that it generates uncertainty in their understanding asks to give the Federation Council.

The Federation Council considers that coincidence five-year-old, stipulated in Clause 96 (part 1) of the Constitution of the Russian Federation, and real (actual) term of office of the State Duma is not the unconditional constitutional requirement, and brings the following arguments into reasons for the line item: powers of the State Duma can be stopped before the expiration to which she was elected, in case of its dissolution by the President of the Russian Federation (Article 111, part 4; Article 117, parts 3 and 4, Constitutions of the Russian Federation); the possibility of discrepancy of normative (five-year) and real (actual) term of office of the State Duma follows also from article 99 of the Constitution of the Russian Federation providing the termination of powers of the State Duma of former convocation from the moment of the beginning of work of the State Duma of new convocation (part 4), besides that the State Duma of new convocation can gather for the first meeting as for the thirtieth day after election, and earlier specified term if the decision on it is made by the President of the Russian Federation (part 2); besides, departure from stipulated in Clause 96 (part 1) of the Constitution of the Russian Federation of five-year term can be caused by carrying out repeated elections of the State Duma.

Proceeding from it as believes the Federation Council, Article 96 (part 1) and 99 (parts 1, 2 and 4) of the Constitution of the Russian Federation do not exclude possibility of single insignificant reducing term of office of the State Duma of the current convocation in monthly expression in constitutionally significant purposes, in particular for the purpose of postponement of date of regular elections of the State Duma for single ballot day (especially as the Constitutional Court of the Russian Federation in the decisions recognized earlier that synchronization of terms of elections, combination of ballot days on elections of different level and introduction of single ballot day can form good cause for prolongation or reducing terms of office of public authorities of subjects of the Russian Federation and local government bodies).

2. As appears from request, the actual premises of need for interpretation of Articles 96 (part 1) and 99 (parts 1, 2 and 4) the Constitution of the Russian Federation was served by the legislative initiative of deputies of the State Duma directed to change of date of regular elections of the State Duma of the following (seventh) convocation.

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