Judgment of the Constitutional Court of 23 May 2013 № 11-П on the review of constitutionality of paragraph 1 of Article 333.40 of the Tax Code of the Russian Federation in connection with the complaint of the limited liability company “Vstrecha”
- Court:
- Constitutional Court
- The constitutionality of the rule, which precludes the reimbursement of the amount of dues paid for the license for retail sales of spirits, when the license has been denied
- Dissenting opinion:
- Gadzhiev Gadis
Subject areas:
Judgment of the Constitutional Court of 21 May 2013 № 10-П on the review of constitutionality of parts 2 and 4 of Article 443 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen S.A.Pervov and the request of the judge of the peace of judicial circuit N 43 of the city of Kurgan
- Court:
- Constitutional Court
- The constitutionality of provisions which prevents compulsory treatment of a person, who committed a crime of middle gravity in the state of insanity, in spite of continuous social danger from such person
- Dissenting opinion:
- Gadzhiev Gadis
Subject areas:
Judgment of the Constitutional Court of 14 May 2013 № 9-П on the review of constitutionality of para 4 of Article 26 of the Federal law of 22 August 2004 № 122-ФЗ in connection with the complaint of the citizen N.Morenko
- Court:
- Constitutional Court
- Конституционно ли оспариваемое положение, если оно препятствует неработающим пенсионерам реализовать своё право на компенсацию расходов, связанных с их выездом на новое место жительства из районов Крайнего Севера и приравненных к ним местностей?
- Dissenting opinion:
- Aranovskiy Konstantin
Subject areas:
Judgment of the Constitutional Court of 22 April 2013 № 8-П on the review of constitutionality of certain of provisions of the Civil Procedure Code and of Federal Laws “On Fundamental Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” and “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation” in connection with the complaints from citizens A.Andronov, O.Andronova, O.Belov et al., from the Human Rights Ombudsmen of the Russian Federation and from regional division of the political party “Spravedlivaya Rossiya” in Voronezh region
- Court:
- Constitutional Court
- Legal issue: constitutionality of a number of provisions which, while recognizing the voters’ right to judicial protection of their electoral rights, do not at the same time enable them – by virtue of uncertainty as to the subjects, procedure for and conditions of judicial review and as a result of settled judicial interpretation –to appeal against the decisions and actions of electoral commissions pertaining to the determination of the results of voting in respective constituency.
Subject areas:
Judgment of the Constitutional Court of 5 April 2013 № 7-П on the review of constitutionality of the forth passage of the first part of Article 6 of the Labour Code of the Russian Federation in connection with the request of Archangelsk Regional Assembly of Deputies
- Court:
- Constitutional Court
- 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?
Subject areas:
Judgment of the Constitutional Court of 21 March 2013 № 6-П on the review of constitutionality of subparagraph "в" of paragraph 2 of Article 51 of the Federal law “On Military Duty and Military Service” in connection with the complaints of the citizens R.V.Boskachev, I.V.Ovsiannikov and D.A.Savel’ev
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the rule under which the serviceman enrolled under contract may be dismissed from military service before time in connection with his failure to fulfill the terms of contract in case of repeated commission of disciplinary offences and in case of there being a criminal sentence against him, which did not entail imprisonment, the deprivation of rank or the right to hold military offices within a certain term.
Subject areas:
Ruling of the Constitutional Court of 6 March 2013 № 324-O on the review of constitutionality of the provisions of parts 1 and 2 of Article 89 of the Federal law “On the Elections of the Deputies of the State Duma of the Federal Assembly of the Russian Federation”
- Court:
- Constitutional Court
- The right of a political party to freely choose a candidate from its electoral list in order to replace a deputy of its parliamentary faction who left it before time.
- Dissenting opinion:
- Knyazev Sergey , Kokotov Aleksandr
Subject areas:
Judgment of the Constitutional Court of 5 March 2013 № 5-П on the review of constitutionality of Article 16 of the Federal law “On the Protection of Environment” and the Decree of the Government of the Russian Federation “On Approval of the Procedure for Determination of Pay and its Maximum Amounts for Pollution of Natural Environment, Disposal of Waste, Other Kinds of Harmful Affects” in connection with the complaint of limited liability company “Topol”
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the public law payment in the form of pay for the placement of waste, given that the legislation does not determine who bears the duty to pay it – either the person generating the waste or a specialized organization which carries out its removal and burial - thus delegating the issue to courts’ discretion?
- Dissenting opinion:
- Aranovskiy Konstantin
Subject areas:
Ruling of the Constitutional Court of 5 March 2013 № 353-O on the refusal to accept for consideration the complaints of the citizens A.V.Kapaev and A.O.Tsvetkov against the violations of their constitutional rights by paragraph 2"а" of Article 24 of the Federal law “On the Military Duty and Military Service”
- Court:
- Constitutional Court
- The constitutionality of the rule which allows drafting the persons who are receiving secondary professional education as soon as they reach 20 years of age, irrespective of whether they have already graduated or not, thus depriving them of the opportunity to complete their education without breaks and putting them in unequal position as compared to citizens receiving higher professional education.
- Dissenting opinion:
- Aranovskiy Konstantin , Gadzhiev Gadis
Subject areas:
Judgment of the Constitutional Court of 14 February 2013 № 4-П on the review of constitutionality of the Federal law “On Making Changes in the Code of the Russian Federation on Administrative Offences” and Federal law “On Assemblies, Meetings, Demonstrations, Manifestations, and Picketing” in connection with the request of a group of deputies of the State Duma and the complaint of the citizen E.V.Savenko
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the amendments to the legislation on public gatherings, provided that 1) their adoption was associated with a number of concomitant violations of legislative procedure, and 2) they envisage excessive administrative sanctions, prohibitions and restrictions.
- Dissenting opinion:
- Danilov Yuri , Kazantsev Sergey , Yaroslavtsev Vladimir
Subject areas:
Judgment of the Constitutional Court of 30 January 2013 № 2-П on the review of constitutionality of the tenth passage of Article 2 of the Law of the Russian Federation “On the Employment of the Population in the Russian Federation” in the version of the Federal Law of 17 July 1999 № 175-ФЗ in connection with the complaint of the citizen K.V.Chumakin
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the aforementioned provision as long as it does not allow members of a “housing saving cooperative” (building society) to be registered as unemployed.
Subject areas:
Judgment of the Constitutional Court of 30 January 2013 № 3-П on the review of constitutionality of paragraph 7 of Article 17 of the Law of the Russian Federation “On the Social Protection of the Citizens Affected by the Radiation As a Result of the Catastrophe of Chernobyl APP” (in the version of the Federal law of 22 August 2004 № 122-ФЗ) in connection with the complaint of the citizen E.N.Stepantsov and request from Chelyabinsk regional court
- Court:
- Constitutional Court
- Legal issue: whether a differentiation as to the ways of providing new housing to citizens who voluntarily left Chernobyl zone and were registered before or after 1 January 2005 as being in need of improvement of their housing was constitutional?
Subject areas:
Judgment of the Constitutional Court of 17 January 2013 № 1-П on the review of constitutionality of provisions of part 5 of Article 19.8 of the Code of Administrative Offences in connection with the complaint of the LLC “Maslianky Khebopriemtyi Punkt”
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the norm establishing for legal entities a minimal fine of 300,000 RUR for the failure to submit information upon the request of antitrust authorities.
- Dissenting opinion:
- Kokotov Aleksandr
Subject areas:
Judgment of the Constitutional Court of 27 December 2012 № 34-П on the review of constitutionality of the provisions of Item “в” of Section 1 and Section 5 of Article 4 of the Federal Law “On the Status of a Member of the Council of Federation and the Status of a Deputy of the State Duma” in connection with the request of a group of deputies of the State Duma
- Court:
- Constitutional Court
- Legal issue: constitutionality of a pre-term and lacking preliminary judicial review termination of powers of a deputy of State Duma, on the grounds of his violation of “incompatibility requirements”, that is, restrictions upon paid activities other than his work as a deputy.
- Dissenting opinion:
- Kokotov Aleksandr , Gadzhiev Gadis
Subject areas:
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