On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 20, 2016 No. 20-P

On the case of check of constitutionality of provisions of part four of Article 25.10 and subitem of 1 part one of article 27 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation" in connection with the claim of the citizen of the Republic of Korea X.

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, S. M. Kazantsev, 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",

Reason for consideration of the case was the claim of the citizen of the Republic of Korea H. Osnovany to consideration of the case the found uncertainty in question of was whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

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

established:

1. According to part four of article 25.10 of the Federal Law of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" concerning the foreign citizen or the stateless person which illegally are in the territory of the Russian Federation, or person to whom entry into the Russian Federation is not resolved and also if stay (accommodation) of the foreign citizen or stateless person, legally being in the Russian Federation, creates real threat of defense capability or safety of the state, to either public order, or health of the population, for the purpose of protection of bases of the constitutional system, morality, the rights and legitimate interests of other persons can make the decision on undesirability of stay (residence) of this foreign citizen or stateless person in the Russian Federation, except as specified provided by the paragraph the second Item 3 of article 11 of the Federal Law of March 30, 1995 No. 38-FZ "About the prevention of distribution in the Russian Federation of the disease caused by human immunodeficiency virus (HIV infection)"; procedure for decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation and the list of federal executive bodies, authorized to make such decisions, are established by the Government of the Russian Federation.

The subitem of 1 part one of article 27 of the same Federal Law provides that entry into the Russian Federation is not allowed to the foreign citizen or the stateless person if it is necessary for the purpose of ensuring defense capability or safety of the state, either public order, or the protection of health of the population, except as specified, provided by the paragraph the second Item 3 of article 11 of the Federal law "About the Prevention of Distribution in the Russian Federation the Disease Caused by Human Immunodeficiency Virus (HIV Infection)".

As appears from the claim and the materials attached to it, at the applicant on this case of the citizen of the Republic of Korea X. during its stay the disease - infiltrative tuberculosis of lungs was in the territory of the Russian Federation revealed. During treatment which began directly after detection of disease amputation of lung was offered the applicant. As the treatment methods used in clinics of the Republic of Korea allow to avoid surgical intervention in case of the similar diagnosis, he refused treatment in the Russian Federation and left to the Republic of Korea where since October, 2014 took course of intensive antitubercular therapy, including month of treatment in hospital. According to the medical certificate issued on January 5, 2015 by clinic in which treatment, the state of health of X was carried out. acknowledged satisfactory, allowing to lead regular life and dangers to people around not representing.

After receipt of the medical certificate of X. appealed to Tverskoy district court of the city of Moscow with the statement for cancellation accepted on November 27, 2014 (during passing of treatment by it in the Republic of Korea) Federal Service for the Oversight of Consumer Protection and Welfare of the decision on undesirability of its stay (residence) in the Russian Federation in connection with identification at it the infiltrative tuberculosis carried to the infectious diseases constituting danger to people around. The court did not agree with arguments of the representative H., referring to the fact that from the disease which formed the basis for pronouncement of this decision, the applicant recovered and more source of infection is not, and did not accept the medical documents submitted by it in attention. Refusing to the decision of July 8, 2015 satisfaction of the declared requirements, the court recognized that documents which could confirm legal basis for adjournment of the appealed decision were not provided by the applicant and the procedure for its acceptance by authorized body is observed. Leaving resolution of the Trial Court without change, the judicial board on administrative cases of the Moscow city court in appeal determination of October 28, 2015 also noted that recovery of the foreign citizen does not specify illegality of decision making about undesirability of its stay (residence) in the Russian Federation.

Violation by the disputed legislative provisions of the rights guaranteed by Articles 19 (parts 1 and 2), 45, 46 (parts 1 and 2) and 55 (part 3) of the Constitution of the Russian Federation, the applicant sees that they allow law-enforcement bodies in case of decision making about undesirability of stay (residence) in the Russian Federation of the foreign citizen at whom such infectious disease as infiltrative tuberculosis was revealed, to establish termless prohibition on entry of this foreign citizen into the Russian Federation regardless of the fact of the subsequent treatment from this disease.

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