On behalf of the Russian Federation
of March 29, 2016 No. 8-P
On the case of check of constitutionality of the Item "and" of part one of Article 16.1 of the Regulations on service in law-enforcement bodies of the Russian Federation in connection with the claim of the citizen V. V. Chebotarsky
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 "and" of part one of Article 16.1 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 V. V. Chebotarsky. 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 S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
established:
1. The Item "and" of part one of Article 16.1 of the Regulations on service in law-enforcement bodies of the Russian Federation (it 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" and extends to the staff of organizations and bodies of criminal executive system until adoption of the Federal Law on service in criminal executive system) provides that the employee of law-enforcement bodies can be at the disposal of law-enforcement bodies in case of stay behind the state in case of liquidation or reorganization of law-enforcement body (division), reducing number or staff of law-enforcement body (division).
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