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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 8, 2015 No. 31-P

On the case of check of constitutionality of the Item "m" of part one of Article 58 of the Regulations on service in law-enforcement bodies of the Russian Federation in connection with the claim of the citizen A. L. Alborov

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 the Item "m" of part one of Article 58 of the Regulations on service in law-enforcement bodies of the Russian Federation.

Reason for consideration of the case was the claim of the citizen A. L. Alborov. 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 normative provision challenged by the applicant.

Having heard the message of the judge-speaker V. G. Yaroslavtsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Item "m" of part one of Article 58 of the Regulations on service in law-enforcement bodies of the Russian Federation (is approved by the Resolution of the Supreme Council of the Russian Federation of December 23, 1992 No. 4202-1 "About approval of the Regulations on service in law-enforcement bodies of the Russian Federation and the text of the Oath of the employee of law-enforcement bodies of the Russian Federation") operating in edition of the Federal Law of July 22, 2010 with No. 157-FZ fixes such basis of dismissal from service of staff of law-enforcement bodies as conviction of an offense after the introduction in legal force of conviction of court, and also the termination of criminal prosecution behind lapse of time, in connection with conciliation of the parties, except for criminal cases of private prosecution, owing to the act of amnesty, in connection with active repentance.

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