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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 5, 2017 No. 18-P

On the case of check of constitutionality of part 2 of article 40 of the Federal law "About Education in the Russian Federation" in connection with the claim of administration of the municipality the city district the city of Sibay of the Republic of Bashkortostan

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",

considered in meeting without carrying out hearing case on check of constitutionality of part 2 of article 40 of the Federal law "About Education in the Russian Federation".

Reason for consideration of the case was the claim of administration of the municipality the city district the city of Sibay of the Republic of Bashkortostan. 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 legislative provision disputed by the applicant.

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

established:

1. According to part 2 of article 40 of the Federal Law of December 29, 2012 No. 273-FZ "About education in the Russian Federation" the organization of free transportation of students in the state and municipal educational organizations realizing the main general education programs between settlements is performed by founders of the relevant educational organizations.

1.1. By the decision of the Sibay city court of the Republic of Bashkortostan of February 17, 2016 to the prosecutor of the Baymaksky district of the Republic of Bashkortostan who addressed for the benefit of the minor citizens living in the village of the Cauldron of the municipal district the Baymaksky district of the Republic of Bashkortostan and studying in 5 - 9 classes of the educational organizations in the city district the city of Sibay of the Republic of Bashkortostan it was refused satisfaction of the administrative action for declaration with the requirement to assign to administration of the specified city district obligation on the organization of free transportation of children from the village of the Cauldron to the relevant educational organizations and back on the ground that the distance between these municipalities exceeds sanitary standards of pedestrian availability of the educational organizations.

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