Legal issue: whether regional legislator may establish one-time payment amounting to two monetary remunerations of the deputies of the regional Assembly who exercise their powers on the professional permanent basis at the moment of termination of their powers, given that under Labour Code of Russia the establishment of additional guarantees to particular categories of employees relates to the competence of federal authorities?
Ratio decidendi: the Court endorsed the constitutionality of the contested rule, having pointed out that provision of such payment fully accords to the nature of deputy’s mandate, because by virtue of the principle of independence (free mandate) the parliamentarians are not employees. This payment aims at giving them additional possibilities for adaptation to their living circumstances that have changed due to the termination of their powers. This provision falls within discretionary powers of regional the legislative (representative) body. When realizing these powers, the regional legislator is bound to observe the balance of private and public interests, which requires, inter alia, to take account of the social and economic situation in the region and its budget’s resources, and be guided, when determining the amount of payment, by the provisions of the budget legislation of the Russian Federation.