Judgment of the Constitutional Court of 27 June 2013 № 15-П on the review of constitutionality of provisions of parts 3 and 10 of Article 40 of the Federal law “On the General Principles of Organisation of Local Self-Government in the Russian Federation” and paragraph 3 of part one of Article 83 of the Labour Code of the Russian Federation in connection with the complaint of citizen Dubkov
- Court:
- Constitutional Court
- Constitutionality of the regulation which precludes the reinstatement of a dismissed head of municipality in his office on the ground that prior to the end of judicial proceedings a new head of municipality has been elected
Subject areas:
Decree of the Plenary Session of the Supreme Court of 27 June 2013 № 19 “On the Application by Courts of the Legislation Regulating the Grounds and Procedure for Exoneration from Criminal Liability”
- Court:
- Supreme Court
Subject areas:
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 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 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 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:
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 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:
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.
Subject areas:
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:
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