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 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:
The Information Letter of the Presidium of the Supreme Commercial Court of 26 February 2013 № 156 “A Survey of the Practice of Consideration by Commercial Courts of Public Policy Clause as a Ground for Refusal to Recognise and Enforce Foreign Court Decisions and Arbitral Awards”
- Court:
- Supreme Commercial Court
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:
Review on particular issues of court practice related to voluntary insurance of the property of citizens (as affirmed by the Presidium of the Supreme Court on 30 January 2013)
- Court:
- Supreme Court
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 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 Plenary Session of the Supreme Commercial Court of 25 January 2013 № 13 “On making additions to the Judgment of the Supreme Commercial Court of the Russian Federation of 17 November 2011 № 73 “On certain questions of the practice of applying the rules of the Civil Code of the Russian Federation to lease contracts”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Plenary Session of the Supreme Commercial Court of 25 January 2013 № 11 “On the Payment of Value Added Tax at the Sale of Property of a Debtor Held to be Bankrupt”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 22 January 2013 № 11696/12 in the case The company “Rusal Krasnoyarsk Aluminium Plant” vs The Government of the Russian Federation
- Court:
- Supreme Commercial Court
- Whether Government of the Russian Federation should be regarded as a “federal body of executive power” and, consequently, whether its actions, including the issuance of normative acts, may be subject to judicial review for the purposes of the Law on the Protection of Competition?
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:
The Information Letter of the Presidium of the Supreme Commercial Court of 15 January 2013 № 153 “A Survey of Court Practice on Certain Issues Regarding the Protection of Owner’s Rights Against Breaches Not Entailing Dispossession”
- Court:
- Supreme Commercial Court
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:
Judgment of the Constitutional Court of 25 December 2012 № 33-П on the review of constitutionality of the provisions of Article 213.1 of the Tax Code of the Russian Federation in connection with the complaint of V.N.Kononov
- Court:
- Constitutional Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 25 December 2012 № 10765/12 in the case The company “Petrovkagazstroy” vs The Interdistrict Inspection of the Federal Tax Service № 9 in Tambov region
- Court:
- Supreme Commercial Court
- Point of law: whether or not the right of tax office to suspend bank operations of a taxpayer is a separate securing measure?
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.