Judgment of the Constitutional Court of 5 June 2013 № 12-П on the review of constitutionality of passage 2 of para 14 of Article 15 of the Federal law “On the Status of the Military Personnel” in connection with the complaints of citizens Zorin, Kozhushnyi and others
- Court:
- Constitutional Court
- The constitutionality of rules which confer the right to monthly monetary compensation for renting an apartment only upon those military serviceman who were registered as people in need of housing by the bodies of local self-government, and not by military administration.
Subject areas:
Ruling of the Constitutional Court of 4 June 2013 № 900-O on the refusal to accept for consideration the complaints of the citizen Tamara Chirkova against the violation of her constitutional rights by the provisions of Article 30.1 of the Code of Administrative Offences
- Court:
- Constitutional Court
- The constitutionality of provisions which deprive close relatives of the deceased of the right to challenge termination of proceedings in a case on administrative offence in which he was involved – whether such provisions violate the presumption of innocence and the right to judicial protection, and whether they accord to constitutional requirements as to the protection of honour, dignity and good name.
- Dissenting opinion:
- Rudkin Yuri , Zhilin Gennadiy
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 28 May 2013 № 17481/12 in the case Saint-Petersburg Union of Composers vs The Saint-Petersburg Directorate of the Federal Agency for Managing State Property
- Court:
- Supreme Commercial Court
- Whether non-commercial organisation may be a trustee manager under a contract of trust management of property which had been concluded before the adoption of Chapter 53 of the Civil Code which removed such opportunity for non-commercial organizations?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 28 May 2013 № 17085/12 in the case Administration of Temriuk district vs Mikhail Radzievski, an entrepreneur
- Court:
- Supreme Commercial Court
- Points of law: 1) whether buildings and structures erected by the owner of land plot, but not registered by him in the State Register of Rights to Immovables (hereinafter: the Register), may be considered as his property? 2) whether a football pitch situated on a land plot is a separate object of real estate, the right to which may be registered? 3) may a court give its own qualification to an object, which has been registered as a real estate? 4) under which circumstances a lease-holder of a land plot may acquire the right of ownership to objects erected by him on this land plot?
Subject areas:
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:
Review of court practice on civil cases related to the settlement of disputes on the performance of credit obligations (as affirmed by the Presidium of the Supreme Court on 22 May 2013)
- Court:
- Supreme Court
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 Presidium of the Supreme Commercial Court of 2 April 2013 № 11980/12 in the case Ru-Center vs Federal Antitrust Service
- Court:
- Supreme Commercial Court
- Whether registration of popular domain names in RU zone, selected on the basis of submitted applications, by the accredited registrar for himself, and the subsequent sale thereof in a closed auction may be regarded as a fair competition on the part of the registrar?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 26 March 2013 № 14828/12 in the case Condominium "Skakovaya 5" vs The company "Arteks Corporation"
- Court:
- Supreme Commercial Court
- Points of law: 1) whether findings having pre-judicial significance should be set out in reasoned part of court decision or only in the resolutive one? 2) how the burden of proof should be apportioned by a court if there are reasons to believe that a party to the dispute, an offshore company, abuses the law – namely, it hides its affiliation with a party to an earlier dispute having pre-judicial significance, with the purpose of overcoming pre-judicial effect of the previous decision by appearing as a new party in the later dispute on the same issues.
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:
Judgment of the Presidium of the Supreme Commercial Court of 12 March 2013 № 8711/12 in the case Мunicipal unitary enterprise “Raizhilkombytgazstroy” vs The Administration of Alekseevsk district of Volgograd Region
- Court:
- Supreme Commercial Court
- Whether the recovery of compensation for the failure to execute court decision within a reasonable term is an efficient compulsory measure?
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:
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.