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Judgment of the Constitutional Court of 7 June 2012 № 14-П on the review of constitutionality of provisions of subparagraph 1 of Article 15 of the Federal law “On Procedure for Leaving the Russian Federation and Entering the Russian Federation” and Article 24 of the Law of the Russian Federation “On State Secrecy” in connection with the complaint of citizen A.N.Ilchenko

Legal issue: whether these provisions justifiably restrict the right of persons, who were admitted to the State secrets and informed about the data of special importance or top-secret information, to leave the Russian Federation.

Ratio decidendi: the Court has deemed the contested regulation to be not contradictory to the Constitution, but gave it a binding interpretation saying that the restriction in question is not absolute and may be challenged in court and/or a special interdepartamental commission. When so doing, the requirement of commensurability (proportionality) of the restriction upon the right to leave the Russian Federation implies the assessment of all the circumstances having importance for adopting the decision in question. Consequently, the decision on such complaint requires finding out the nature of the concrete information to which the citizen had access during his professional activity, and the degree of its secrecy, particularly as of the moment of his application to respective authorities in connection with his leaving the territory of the country, as well as the purposes of leaving and other circumstances, whose presence enables one to make conclusion on the necessity to impose the restriction indicated above. The judicial review may not be confined to establishing the fact of the citizen’s being admitted to the data of special importance or top-secret information protected by state secrecy. The contrary approach would mean such a restriction of the right to leave the country that would be incommensurable with constitutionally significant goals.

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