The Institute of Precedent

Dates

Judgment of the Constitutional Court of 19 March 2014 № 6-П in the case of verification of constitutionality of an international treaty, which has not yet entered into force, between the Russian Federation and the Republic of Crimea on the admission of the Republic of Crimea into the Russian Federation and on the creation within the Russian Federation of new subjects

Court:: Constitutional Court; The constitutionality of the international treaty, which has been signed on 18 March 2014 but has not yet entered into force, between the Russian Federation and the Republic of Crimea on the admission of the Republic of Crimea into the Russian Federation and on the creation within the Russian Federation of new subjects – the Republic of Crimea and the federal city Sevastopol

Court:: Constitutional Court; Сonstitutionality of regulation guaranteeing the right of the victim of crime or his representative to take part in court hearings in which the issue of parole (conditional early release from prison) of the offender is being considered and making the notification of the victim or his representative a precondition of such consideration (even in cases when the court sees no need of receiving an additional information from the victim)

Court:: Constitutional Court; The constitutionality of provisions which preclude imposing upon legal entities a fine which amount would be lower than the minimal level provided for in the Code

Court:: Constitutional Court; The constitutionality of the contested provision, as soon as it enables one or several members of the company, who disagree with the decision of the general meeting of company’s shareholders to increase its charter capital, to obstruct this decision by way of refusal from or delay in contributing their part of additional capital.

Court:: Constitutional Court; The constitutionality of the rule, which confers the status of a disabled veteran of the war only upon those civilians, who participated in mine clearing of the Soviet territory and have been wounded within the period which starts from February 1944.

Court:: Constitutional Court; Whether the contested provision is constitutional, as soon as it prohibits changing the initial selling price of the mortgaged property if its market value has changed

Court:: Constitutional Court; The constitutionality of contested rules as implying the right of the lessee to recover from the lessor at the termination of the contract a part of previously made leasing payments as an unjust enrichment, regardless of the actual financial result of the leasing operation, and in particular regardless of the losses of the lessor, caused by the breach by the lessee of his obligations under contract and its subsequent termination

Court:: Constitutional Court; The constitutionality of the prohibition against adopting children by persons having a criminal record.

Court:: Constitutional Court; Whether the prohibition against self-nomination in the elections of a governor is constitutional
Dissenting opinion:: Knyazev Sergey

Court:: Constitutional Court; The constitutionality of the rule which allows shifting to regional authorities the duty to provide housing to the persons having a contagious type of tuberculosis

Court:: Constitutional Court; Constitutionality of contested provision in the light of the fact that it does not enable making an unequivocal conclusion as to whether the refusal of inheritance for the benefit of a specific person from among other heirs (the so-called “directed refusal of inheritance”) is lawful or not

Court:: Constitutional Court; The right of the leadership of a political party to fill at its own discretion the seats in the regional legislature, which became vacant upon the refusal of the elected persons

Court:: Constitutional Court; How should proceed a court which has the task of reviewing a civil case on the grounds of emergence of new circumstances if two incompatible new circumstances are present simultaneously, namely, contradictory legal opinions of the Constitutional Court of Russia and European Court of Human Rights as to whether applicable rules of Russian law are conformant to the Constitution of Russia, on the one hand, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, on the other?

Court:: Constitutional Court; Legal issues: 1) whether regional legislator, proceeding from the budget opportunities of the region and with due regard to federal legislation, may establish or abolish tax benefits, in particular for pensioners? 2) whether the Constitutional Court of Russia may overcome a decision of a regional charter court, by which the contested rule has been deemed non-conformant to the charter (or constitution) of the region?
Dissenting opinion:: Gadzhiev Gadis

Court:: Constitutional Court; Constitutionality of the rule which conditions the provision of housing to former policemen at the expense of federal budget upon the date of their retirement from service in the police (not later than 1 January 2005)

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The Institute of Precedent

Judgment of the Constitutional Court of 18 March 2014 № 5-П on the review of constitutionality of part 2.1 of Art 399 of the Civil Procedure Code of the Russian Federation in connection with the request of Ketovsk district court of Kurgan region

Judgment of the Constitutional Court of 21 February 2014 № 3-П on the review of constitutionality of paragraph 1 of Article 19 of the Federal law “On Limited Liability Companies” upon the petition of the limited liability company “Firma Reiting”

Judgment of the Constitutional Court of 6 February 2014 № 2-П on the review of constitutionality of subparagraph 5 of Article 4 of the Federal law “On War Veterans” in connection with the petition of citizen Korsakov

Ruling of the Constitutional Court of 4 February 2014 № 221-О on the refusal to accept for consideration the petition of the citizen Riskina against the violation of her constitutional rights by paragraph 2(4) of Article 54 of the Federal law “On Mortgage (The Pledge of Immovables)”

Judgment of the Constitutional Court of 31 January 2014 № 1-П on the review of constitutionality of passage 10 of paragraph 1 of Article 127 of the Family Code of the Russian Federation upon the petition of citizen Anikiev

Ruling of the Constitutional Court of 14 January 2014 № 7-O on the refusal to accept for consideration the petition of citizen Ivanov on the violation of his constitutional rights by the provisions of the Law of Novgorod Region “On the Elections of the Governor of Novgorod Region”

Judgment of the Constitutional Court of 23 December 2013 № 29-П on the review of constitutionality of passage one of paragraph 1 of Article 1158 of the Civil Code of the Russian Federation upon the petition of citizen Kondrachuk

Judgment of the Constitutional Court of 2 December 2013 № 26-П on the review of constitutionality of paragraph 2 Article 4 of the Law of Chelyabinsk Region “On the Transportation Tax” upon request of the Legislative Assembly of Chelyabinsk Region