• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Judgment of the Constitutional Court of 27 June 2013 №  15-П  on the review of constitutionality of  provisions of parts 3 and 10 of Article 40 of the Federal law “On the General Principles of Organisation of Local Self-Government in the Russian Federation” and paragraph 3 of part one of Article 83 of the Labour Code of the Russian Federation in connection with the complaint of citizen Dubkov

Legal issue: Constitutionality of the regulation which precludes the reinstatement of a dismissed head of municipality in his office on the ground that prior to the end of judicial proceedings a new head of municipality has been elected.

Ratio decidendi: pre-term elections should not create obstacles to the implementation of the respective judicial remedies. The court proceedings should, in their turn, be carried out as quickly as possible in order to exclude the procrastination of uncertainty. Therefore, the federal legislator must adjust the conflicting rules to each other, having thus ensured the maximum reduction of the terms for consideration of court appeals against a decision to dismiss the official and immediate judicial review of its legality. As for the rules of the Labour Code, the Court ceased proceedings with regard to them, finding them inapplicable to elected officials of local self-government.

Document  (229.37Kb)


 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.