Judgment of the Constitutional Court of 24 December 2012 № 32-П on the review of constitutionality of individual provisions of Federal Laws “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and “On Fundamental Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” in connection with the request of a group of deputies of the State Duma
- Court:
- Constitutional Court
- Legal issue: 1) the constitutionality of norms which require from the candidates for the office of the head of the subject of the Federation to receive support from between 5 or 10 percent of the elected officials of local self-government; 2) the constitutionality of the norm which permits the President of the Russian Federation to consult by his own initiative the political parties, which nominate candidates, as well as self-nominees.
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Judgment of the Constitutional Court of 6 December 2012 № 31-П on the review of constitutionality of Para 4 of Article 33 and Subparagraph “а” of Item 3 of Section 1 of Article 37 of the Federal Law “On the State Civil Service of the Russian Federation” in connection with the complaint of L.A.Pugieva
- Court:
- Constitutional Court
- Legal issue: the constitutionality of regulations which do not prohibit the dismissal of pregnant women who are civil servants, as opposed to their counterparts working under labour contracts?
Subject areas:
Judgment of the Constitutional Court of 5 December 2012 № 30-П on the review of constitutionality of the provisions of Para 5 of Article 16 of the Federal Law “On the Freedom of Conscience and on Religious Associations” and Para 5 of Article 19 of the Law of the Republic of Tatarstan “On the Freedom of Conscience and on Religious Associations” in connection with the complaint of the Commissioner for Human Rights in the Russian Federation
- Court:
- Constitutional Court
- Legal issue: whether the contested norms constitute an undue intervention by the State into the freedom of religion and the freedom to gather peacefully and without arms, given that these rules prescribe to conduct public religious ceremonies in the procedure established for conducting meetings, manifestations and demonstrations?
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Judgment of the Constitutional Court of 30 November 2012 № 29-П on the review of constitutionality of Section 5 of Article 244.6 and Section 2 of Article 333 of the Civil Procedure Code of the Russian Federation in connection with the complaints of A.G.Kruglov, A.V.Margin, V.A.Martynov and Yu.S.Shardyko
- Court:
- Constitutional Court
- Legal issue: whether contested rules are constitutional, as long as they do enable a participant to court dispute to use his procedural rights, because they do not impose upon appellation court a duty to notify him about the place and time of considering his special appeal?
- Dissenting opinion:
- Zhilin Gennadiy
Subject areas:
Judgment of the Constitutional Court of 26 November 2012 № 28-П on the review of constitutionality of Section 1 of Article 16.2 and Section 2 of Article 27.11 of the Administrative Offences Code of the Russian Federation in connection with the complaint of the Limited Liability Company “Avesta”
- Court:
- Constitutional Court
- Legal issue: whether the constitutional rights of the applicant (a legal entity) were violated by the rules of legislation, which make the amount of fine for the failure to declare a commodity at customs dependent upon such insufficiently clear notion as market value of this commodity in the Russian Federation?
- Dissenting opinion:
- Knyazev Sergey , Melnikov Nikolay , Aranovskiy Konstantin
Subject areas:
Judgment of the Constitutional Court of 19 November 2012 № 27-П on the review of constitutionality of Item 7 of Article 20 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” and a number of provisions of the Federal Law “On Labour Pensions in the Russian Federation” in connection with the complaint of I.Yu.Frolova
- Court:
- Constitutional Court
- Legal issue: whether contested provisions offer an adequate social protection to disabled family members of those judges who died because of the reasons, not relating to the performance of their professional duties?
Subject areas:
Judgment of the Constitutional Court of 15 November 2012 № 26-П on the review of constitutionality of a provision of part 2 of Art 10 of the Federal Law “On the State Civil Service of the Russian Federation” in connection with the request of the Legislative Assembly of Kamchatka Region
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the requirement, according to which a regional register of offices of the State civil service should be composed with due regard to the structure of State bodies, names, categories, and groups of offices established by the federal register, if in practice it is understood as a requirement of identity of two registers and of the formation of the structure of regional State bodies by analogy with the structure of the respective federal State bodies?
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Judgment of the Constitutional Court of 8 November 2012 № 25-П on the review of constitutionality of a provision of part 1 of Article 79 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” in connection with the complaint of the joint-stock company “Transnefteprodukt”
- Court:
- Constitutional Court
- Legal issue: whether courts must follow a constitutional interpretation of a legislative provision, given in a judgment of the Constitutional Court, if this interpretation was issued after the adoption by a court of first instance of a decision in the case in which such provision was subject to application, but before the consideration of the case by superior courts?
Subject areas:
Judgment of the Constitutional Court of 7 November 2012 № 24-П on the review of constitutionality of part 1 of Article 2 of the Federal law of 12 February 2001 № 5-ФЗ “On Making Changes in and Amendments to 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 interpretation given to its provisions in the law-application practice after the entering into force of the Judgment of the Constitutional Court of the Russian Federation of 20 December 2010 № 21-П, in connection with the complaint of the citizen R.Inamov
- Court:
- Constitutional Court
- Legal issue: whether the contested provisions, as interpreted by law-application practice in the wake of the Judgment of the Constitutional Court of the Russian Federation of 20 December 2010 № 21-П, are conformant to the Constitution, as long as they serve as a ground for refusal of calculating the amount of monetary compensation to disabled persons from the ranks of military personnel who took part in the liquidation of Chernobyl catastrophe, on the basis of their money allowance with due regard to the degree of the loss of their work capacity?
Subject areas:
Judgment of the Constitutional Court of 24 October 2012 № 23-П on the review of constitutionality of paras 1, 2 and 4 of part 2 of Article 19 of the Law of the Russian Federation “On the Social Protection of the Citizen Who Have Suffered from Radiation as a Result of the Catastrophe on the Chernobyl Nuclear Power Station” in connection with the complaint of the citizen T.S.Chaplyghina
- Court:
- Constitutional Court
- Legal issue: whether the contested rules are constitutional if they – in the meaning given to them by the continuous law-application practice – make the rendering of measures of social protection to citizens, who work in the territory of the zone of residence with privileged social and economic status, dependent upon their living (or working) there as of 2 December 1995?
Subject areas:
Judgment of the Constitutional Court of 16 October 2012 № 22-П on the review of constitutionality of the rules of part 2 of Article 2 and part 1 of Article 32 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen S.A.Krasnoperov
- Court:
- Constitutional Court
- Legal issue: whether part 1 of Article 32 of the Criminal Procedure Code violates the constitutional right to the State protection (including the judicial one) of rights and freedoms as long as this Article precludes the consideration by Russian courts of an application submitted in the procedure of private accusation, concerning the commission by a Russian citizen of a crime against another citizen of Russia outside of the territory of the Russian Federation?
- Dissenting opinion:
- Knyazev Sergey
Subject areas:
Judgment of the Constitutional Court of 15 October 2012 № 21-П on the review of constitutionality of para 21 of Art 15 of the Federal law “On the Status of the Military Personnel” in connection with the complaint of citizen N.M.Kabulov
- Court:
- Constitutional Court
- Legal issue: whether the contested provisions are constitutional, if their uncertainty allow for depriving of the right to dwelling the citizens dismissed from military service who before 1 January 2005 were registered by the bodies of local self-government as persons in need of dwelling, but subsequently moved to another region for permanent residence and were reregistered there after that date, - as opposed to the citizens of the same category who did not change their place of residence.
Subject areas:
Judgment of the Constitutional Court of 20 July 2012 № 20-П on the review of constitutionality of the provisions of part 1 of Article 125 and part 1 of Article 152 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen R.G.Mishina
- Court:
- Constitutional Court
- Legal issue: whether it is true that the contested provisions permit to arbitrarily establish the territorial jurisdiction of cases concerning the complaints against the decisions and actions (or failure to act) of the officials of investigative agencies and by so doing contradict the Constitution?
Subject areas:
Judgment of the Constitutional Court of 18 July 2012 № 19-П on the review of constitutionality of part 1 of Article 1, Part 1 of Article 2 and Article 3 of the Federal law “On the Procedure for Consideration of Petitions of Citizens of the Russian Federation”
- Court:
- Constitutional Court
- Legal issue: whether the contested provisions are constitutional as long as they: do not extend to legal persons the right to send individual and group petitions to State and municipal bodies; do not determine whether the authorities of constitutive entities of the Russian Federation have the right to provide additional (as compared to the federal law) guarantees of the citizens’ rights to petition, including the guarantees concerning: a) the petitions addressed to State and municipal enterprises and institutions, and б) the extension of guarantees established for petitions of citizens to those of legal persons.
Subject areas:
Judgment of the Constitutional Court of 16 July 2012 № 18-П on the review of constitutionality of part 1 of Article 31 of the Federal law of 24 July 2007 № 216-ФЗ “On Making Changes in the Second Part of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation” in connection with the request of South Sakhalin City Court of Sakhalin Region
- Court:
- Constitutional Court
- Legal issue: whether the contested regulation is constitutional, if according to it the insurance payments under the contracts of voluntary long-term life insurance made by insurance companies (insurers) after 1 January 2008 are included into the tax base for the purposes of personal income tax as an income of the insurants, whereas insurance contributions transferred to insurance companies by their employers before 1 January 2008 were also subject to personal income tax, i.e. the tax was in fact levied twice, although the real income in the form of insurance payment was received by the insurant only once.
Subject areas:
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