On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 17, 2018 No. 15-P

On the case of check of constitutionality of provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" in connection with the claim of the citizen P. A. Spiridonov and request of the Bugulma city court of the Republic of Tatarstan

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, G. A. Gadzhiyeva, Yu. M. Danilova, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,

with participation of the representative of the Bugulma city court of the Republic of Tatarstan - the vice-chairman of the Bugulma city court of the Republic of Tatarstan Z. Sh. Bikmukhametova, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) of the Constitution of the Russian Federation, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, of 74, of 86, of 96, of 97, of 99, of 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation", considered case on check of constitutionality of provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" in open session.

Reason for consideration of the case were the claim of the citizen P. A. Spiridonov and request of the Bugulma city court of the Republic of Tatarstan. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As the claim of the citizen P. A. Spiridonov and request of the Bugulma city court of the Republic of Tatarstan concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker Yu. D. Rudkin, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, including the conclusion of Russian President's Council for Civil Society and Human Rights, the Constitutional Court of the Russian Federation

established:

1. According to provisions of the subitem "an" of Item 2 of article 24 of the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service" the citizens who are studying full-time in the organizations performing educational activities for the educational programs of the secondary general education having the state accreditation - during development of the specified educational programs, but not over the dates of receipt of the secondary general education established by federal state educational standards (paragraph two) have the right to draft deferment to military service; in the educational organizations and the scientific organizations for the programs of bachelor degree having the state accreditation if the specified students have no bachelor's degree, the diploma of the specialist or the diploma of the master, - during development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to programs of bachelor degree (the paragraph of the seventh); in the educational organizations and the scientific organizations for the programs of magistracy having the state accreditation if the specified students have no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree, - during development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to programs of magistracy (the paragraph the ninth);

at the same time the draft deferment provided by this subitem on military service is granted to the citizen only once, except for, in particular, one of the following cases: if the first draft deferment on military service was granted to the citizen according to the paragraph the second this subitem (in case of receipt of the secondary general education), the citizen can repeatedly use the right to draft deferment to military service according to its paragraph the seventh (in case of receipt of the higher education according to the program of bachelor degree) (the paragraph the twelfth); if the first draft deferment on military service was granted to the citizen according to the paragraph the seventh this subitem (in case of receipt of the higher education according to the program of bachelor degree), the citizen can repeatedly use the right to draft deferment to military service according to its paragraph the ninth (in case of receipt of the higher education according to the program of magistracy) (the paragraph the thirteenth).

1.1. To the applicant on this case citizen P. A. Spiridonov who was born on March 10, 1994 draft deferments on military service were granted originally according to the paragraph to the second the subitem "an" and the subitem "g" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" as reached military age (18 years) before the termination of high comprehensive school and successfully passed State Final Examination according to the educational program of the secondary general education, for a period of up to October 1, 2012 and repeatedly - based on paragraphs of the seventh and twelfth subitem "an" of Item 2 of the same Article for training in full-time courses in the direction of preparation "Construction" at architectural and construction faculty of National research Mordovian state university of N. P. Ogarev according to the program of bachelor degree for a period of up to August 12, 2016. After receipt of the higher education according to the program of bachelor degree P. A. Spiridonov entered the same university on training in the program of magistracy in the same direction of preparation.

The decision of the draft commission of the city district Saransk on provision to P. A. Spiridonov of delay according to the paragraph the ninth the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" for training in the program of magistracy (from November 1, 2016 to 2018) was cancelled by the decision of the draft commission of the Republic of Mordovia of April 12, 2017. P. A. Spiridonov's requirement about recognition illegal decisions of the draft commission of the city district Saransk of April 14, 2017 by which it was called up for military service, it is left without satisfaction with the decision of Proletarian district court of the city of Saransk of June 28, 2017 what the judicial board on administrative cases of the Supreme Court of the Republic of Mordovia agreed with (appeal determination of September 19, 2017). Courts considered that the draft deferment on military service according to provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" can be provided only two times which the applicant exhausted. The information on appeal of these court resolutions in cassation procedure is not provided to the Constitutional Court of the Russian Federation.

Violation by the specified legislative provisions of Article 19 (parts 1 and 2) Constitutions of the Russian Federation the citizen P. A. Spiridonov sees that they do not allow the recruits who do not have the diploma of the specialist or the diploma of the master and arrived in year of receipt of the higher education according to programs of bachelor degree on training in programs of magistracy to use draft deferment on military service for training in programs of magistracy exclusively for the reason that date of their age of majority which the law is recognized the moment of achievement of military age came during training in the general education organization in this connection they were forced to exercise the right to the first draft deferment to military service for completion of receipt of the secondary general education.

1.2. In production of the Bugulma city court of the Republic of Tatarstan there is administrative case according to the administrative action for declaration of the citizen R. R. Halikov to the draft commission of the Bugulma municipal district of the Republic of Tatarstan, military commissariat of the city of Bugulma and Bugulma district of the Republic of Tatarstan and the draft commission of the Republic of Tatarstan about contest of the decision on his appeal on military service as illegal, violating constitutional right on education and the right to draft deferment to military service of the citizens who reached age of majority during school training.

R. R. Halikov who was born on April 17, 1995 graduated from high comprehensive school in 2013 and was the same year accepted on training in the program of bachelor degree in the direction of preparation "Information systems and technologies" of the Kazan (Volga) federal university for full-time courses, in 2017 ended training with honors and now is the master of the first year of training of Institute of calculus mathematics and information technologies of the same university. As R. R. Halikov exercised the right to delay provision (exhausted) in case of receipt of the higher education according to the program of bachelor degree, it was called up by the decision of the draft commission of the Bugulma municipal district of the Republic of Tatarstan of October 5, 2017 for military service.

Determination of December 21, 2017 the Bugulma city court of the Republic of Tatarstan suspended production on the specified administrative case and appealed to the Constitutional Court of the Russian Federation with request about check of constitutionality of provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" which, in his opinion, providing the citizen of delay only once, except as specified, the specified in paragraphs eleven - the thirteenth the same subitem, contradict Article 43 (parts 1 and 3) of the Constitution of the Russian Federation guaranteeing everyone right to education.

In reasons for the line item the Bugulma city court of the Republic of Tatarstan refers to the SanPiN 2.4.2.2821-10 "Sanitary and epidemiologic requirements to conditions and the organization of training in the general education organizations" according to which Item 10.1 in the 1st classes accept children of the eighth or seventh year of life, and acceptance of children of the seventh year of life is performed in case of achievement by them by September 1 of academic year of age at least six years six months that causes need of provision to the person studying at school which reached before completion of training of full age age, delay for receipt of the secondary general education. Thereby, according to the applicant, such citizen loses opportunity after receipt of the higher education according to the program of bachelor degree without delay, in the same year, to continue training in the program of magistracy that No. 273-FZ "About education in the Russian Federation" owing to which the general, professional, additional education and professional training constituting education system provide sales opportunity of right to education during all life (life-long education) by means of development of the main educational programs and different additional educational programs, and also the accounting which are available educations, qualifications of experience of practical activities in case of education disperses from the instructions of article 10 of the Federal Law concretizing article 43 of the Constitution of the Russian Federation of December 29, 2012.

1.3. As appears from Articles 3, of 36, of 74, of 96, of 97, 101 and 102 Federal constitutional laws "About the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation according to claims of citizens to violation of constitutional rights and freedoms the law and on requests of courts check constitutionality of the law or its separate provisions in that part in what they were applied or are subject to application in specific case, estimating both literal sense of these legislative provisions, and the sense given them by official and other interpretation, and also the developed law-enforcement practice and considering their place in system of precepts of law.

Thus, provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" are subject of consideration of the Constitutional Court of the Russian Federation of this case so far as on their basis the issue of possibility of provision of draft deferment on military service to the citizens who are studying full-time in the educational organizations and the scientific organizations for the programs of magistracy having the state accreditation is resolved if these citizens have no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree in case the first draft deferment on military service was granted to them during training in the organizations performing educational activities for the educational programs of the secondary general education having the state accreditation for the period of development of the specified educational programs, but not over the dates of receipt of the secondary general education established by federal state educational standards in connection with attainment of majority before training completion, and repeated delay - during training in the educational organizations and the scientific organizations for full-time courses for the programs of bachelor degree having the state accreditation for the period of development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to programs of bachelor degree.

2. Owing to the Constitution of the Russian Federation in Russia as the democratic constitutional and social state which obligation are recognition observance and protection of rights and freedoms of man and citizen, is protected advantage of the personality and the conditions providing worthy life and free development of the person are created (Article 1, part 1; Article 2; Article 7, part 1; Article 21, part 1); rights and freedoms of man and citizen which equality is guaranteed by the state are directly acting, determine sense, content and application of the laws, activities of legislative and executive power, local self-government and are provided with justice (Article 18; Article 19, parts 1 and 2).

One of the most important functions of the social state in which implementation all levels of the public power - the Russian Federation, subjects of the Russian Federation and local self-government participate is providing the right of everyone to education. Enshrining in Article 43 (part 1) this right and at the same time proclaiming in Article 59 (parts 1 and 2) protection of the Fatherland debt and obligation of the citizen of the Russian Federation, including by means of execution of military service, the Constitution of the Russian Federation refers to maintaining the Russian Federation regulation and protection of rights and freedoms of man and citizen, defense and safety, federal state, including military, service (Article 71, the Items "in", "m", "t"), and to the sphere of joint maintaining the Russian Federation and its subjects - general questions of education and education (Article 72, the part Item "e" 1).

Realizing provided to it by Article 76 (parts 1 and 2) of the Constitution of the Russian Federation of power in these spheres, the federal legislator provided in the Federal Law "About Education in the Russian Federation" as one of the basic academic rights of students the right to draft deferment to the military service granted to them in connection with education of different type and level according to the Federal Law "About Conscription and Military Service" (Item 8 parts of 1 Article 34).

The draft deferment on military service in connection with training in the organization performing educational activities is, thus, on the one hand, the guarantee of constitutional right for education established by the law, and with another as specified the Constitutional Court of the Russian Federation in the Resolution of October 21, 1999 to No. 13-P, - component of the procedure for realization of the constitutional obligation of execution of military service which is also established by the law for certain categories of citizens, besides that provision of delay does not mean release from military service.

In case of regulation of the bases, conditions and procedure for provision of draft deferment on military service in connection with training in the organization performing educational activities, the federal legislator is allocated with rather wide diskretion which, however, has the limits set by the Constitution of the Russian Federation obliging the state to guarantee equality of rights and freedoms of man and citizen irrespective of floor, races, nationalities, and also any other circumstances (Article 19, part 2). At the same time he shall take into account instructions of the Constitution of the Russian Federation according to which each citizen of the Russian Federation has in its territory all rights and freedoms and performs the equal duties provided by the Constitution of the Russian Federation (Article 6, part 2), is forbidden the publication of the laws canceling or diminishing rights and freedoms of man and citizen (Article 55, part 2), restrictions of rights and freedoms of man and citizen with the Federal Law are admissible only in that measure in what it is necessary in constitutionally significant purposes (Article 55, part 3) and if such restrictions do not encroach on being of the right and do not lead to loss of its main content.

3. Article 43 of the Constitution of the Russian Federation, guaranteeing general availability and free of charge preschool, main general and secondary professional education in state or municipal educational institutions and at the companies and fixing obligation of the main general education, assigns to the parents or persons replacing them, ensuring receipt of the main general education by children, and to the Russian Federation - establishment of federal state educational standards, maintenance of different forms of education and self-education (parts 2, 4 and 5).

Developing the given constitutional provisions, the Federal Law "About Education in the Russian Federation" provides that the general education is implemented on the education levels which are understood as the complete cycle of education which is characterized by certain single set of requirements (part 3 of Article 10 and item 4 of Article 2); the primary general education, the main general education, the secondary general education are the obligatory education levels; studying, not mastered the main educational program of the primary general and (or) main general education, are not allowed to training at the following levels of the general education; the requirement of obligation of the secondary general education in relation to the specific student is valid before achievement of age of eighteen years by it if the corresponding education was not got by the student earlier (part 5 of Article 66). Thereby, in fact, at the legislative level not only the main general education, but also the secondary general education is guaranteed.

The Federal Law of July 21, 2007 No. 194-FZ "About modification of separate legal acts of the Russian Federation in connection with establishment of obligation of the general education" in the Russian Federation enters compulsory eleven years' education according to educational programs of the primary general, main general and secondary general education which term of development is determined by federal state educational standards and constitutes four years, five years and two years respectively (orders of the Ministry of Education and Science of the Russian Federation of October 6, 2009 No. 373, of December 17, 2010 No. 1897 and of May 17, 2012 No. 413). At the same time, according to part 1 of article 67 of the Federal law "About Education in the Russian Federation", obtaining in the educational organizations of the primary general education as first obligatory level of the general education begins on reaching children of age of six years and six months in the absence of contraindications for health reasons, but not later than achievement of age of eight years (the similar rule was stipulated in Item 2 articles 19 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "About education") by them, i.e. from the point of view of realization of the right to the general education children aged from six years and six months up to eight years are considered as one age group (category).

Thus, in system of the operating legal regulation of realization by citizens of constitutional right on education the possibility of training in the general education organization before the end of development of the educational program of the secondary general education of persons who reached eighteen-year age is allowed.

At the same time owing to the Federal Law "About Conscription and Military Service" male citizens aged from 18 up to 27 years, consisting or not consisting, but obliged to stay on the military registry and not staying in inventory, are subject to conscription (the subitem "an" of Item 1 of Article 22) which, by the general rule, is performed two times a year from April 1 to July 15 and from October 1 to December 31 based on presidential decrees of the Russian Federation (Item 1 of Article 25). However from this rule exceptions are established: according to Item 2 of article 22 of the same Federal Law the citizens exempted according to this Federal Law from execution of conscription, conscription, citizens who are granted draft deferment on military service, and also the citizens who are not subject to conscription are not called up for military service. In particular, according to the paragraph the second the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" the citizens who are studying full-time in the organizations performing educational activities for the educational programs of the secondary general education having the state accreditation have the right to delay during development of the specified educational programs, but not over the dates of receipt of the secondary general education established by federal state educational standards.

As appears from the given legislative provisions in their interrelation, the citizens who reached eighteen-year age before the end of development of educational programs of the secondary general education in the relevant general education organization if they exercise the right to formation of this level in the limits set by federal state educational standards of terms, cannot be called up for military service before the end of training and passing of the final assessment completing development of educational programs of the secondary general education. Such approach considers the lasting educational relations in which citizens of the specified category consist and which they entered before achievement of military age, and is predetermined by legislatively provided guarantees of constitutional right for education and requirements to regulation of procedure and conditions of its realization in relation to the secondary general education.

4. Fixing with the Constitution of the Russian Federation among the basic constitutional rights of the right of everyone to education and as its component - the right of everyone on competitive basis free of charge to graduate in state or municipal educational institution and at the company (Article 43, parts 1 and 3) implies obligation of the state to create not only necessary social and economic conditions, but also legal guarantees of free functioning and educational development, obtaining by citizens not only the main general and average professional, but also (on the basis of equality and depending on capabilities of everyone) the higher education.

Proceeding from it the Federal Law "About Education in the Russian Federation" particular purpose of the higher education - ensuring training of highly qualified personnel in all main directions of socially useful activities according to requirements of society and state, requirements satisfaction of the personality in intellectual, cultural and moral development, deepening and expansion of education, scientific and pedagogical qualification (part of 1 Article 69), and also its levels - bachelor degree are established; specialist programme, magistracy; training of the top skills (part 5 of Article 10); to development of programs of bachelor degree or programs of specialist programme persons having secondary general education are allowed to development of programs of magistracy - persons having the higher education of any level (parts 2 and 3 of Article 69).

For ensuring balance between the specified purpose and the purpose of ensuring defense of the country and safety of the state, completions of the Armed Forces of the Russian Federation by conscription are provided draft deferments on military service for the citizens getting professional education, including the higher education in the Federal Law "About Conscription and Military Service".

According to provisions of article 24 of the called Federal Law has the right to use draft deferment on military service studying full-time in the educational organizations and the scientific organizations for the programs of bachelor degree having the state accreditation (if they have no bachelor's degree, the diploma of the specialist or the diploma of the master), specialist programme (if they have no bachelor's degree, the diploma of the specialist or the diploma of the master), magistracy (if they have no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree) - during development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to these programs (paragraphs of the seventh - the tenth and twelfth the subitem "an" of Item 2).

Besides, the subitem "g" of Item 2 of the same Article provides delay for citizens who successfully passed State Final Examination according to the educational program of the secondary general education, - for the period till October 1 of year of passing of the specified certification that allows such persons including if it during receipt of the secondary general education already performed 18 years to arrive in the educational organization for receipt of the higher education without delay after receipt of the secondary general education.

Thus, the federal legislator within realization of the discretionary powers - besides that the Constitution of the Russian Federation does not guarantee receipt of the higher education as obligatory and, respectively, does not cause need of establishment for persons who are getting higher education of draft deferments on military service - gave to citizens opportunity to complete the higher education, without being called up for military service.

However this opportunity regarding receipt of the higher education according to programs of magistracy, as appears from the Federal Law "About Conscription and Military Service", is limited number of draft deferments on military service which the citizen, exercising the right to formation of each subsequent type and level, can consistently use. As appears from the subitem "an" of Item 2 of its Article 24, if the first delay was granted to the citizen who reached age of majority during training in the organization performing educational activities for the educational programs of the secondary general education having the state accreditation for the period of development of the specified educational programs, but not over the dates of receipt of the secondary general education established by federal state educational standards, repeatedly it can use the right to delay during training in the educational organization or the scientific organization for full-time courses for the programs of bachelor degree having the state accreditation for the period of development of the specified educational programs, but not over the dates of receipt of the higher education established by federal state educational standards, educational standards according to programs of bachelor degree (the paragraph the twelfth); if the first delay was granted to the citizen in connection with training in programs of bachelor degree for the period of their development, but not over dates of receipt of the higher education according to these educational programs, then repeatedly he has the right to use delay for training in full-time courses in the educational or scientific organization for the programs of magistracy having the state accreditation if it has no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree (the paragraph the thirteenth).

Respectively, citizens who belong to the same category, namely exercised the right to the secondary general education according to established procedure (i.e. taking into account age criterion for receipt in the general education organization and terms of development of the appropriate educational programs of the general education) appear in unequal conditions from the point of view of access to higher education on programs of magistracy if before completion of training in the general education organization and development of the educational program of the secondary general education one of them reached eighteen-year age in this connection were forced to use draft deferment on military service, and others did not reach this age and therefore did not need such delay.

5. Performing differentiation in legal status of citizens depending on such criterion as achievement of certain age which owing to the Constitution of the Russian Federation can be considered as the event attracting legal effects (Article 60; Article 81, part 2; Article 97, part 1; Article 119), the federal legislator has the right to use this criterion only if it allows to divide citizens into objectively different categories.

Need of observance of this requirement follows from the constitutional principle of equality of all before the law which extends not only to the rights which are directly fixed by the Constitution of the Russian Federation but also to the related other rights acquired based on the law (in this case - the right to draft deferment to military service in connection with receipt of the higher education according to the programs of magistracy having the state accreditation).

The specified principle as repeatedly noted the Constitutional Court of the Russian Federation, guarantees the identical rights and obligations for the subjects belonging to one category and does not exclude establishment of different conditions for different categories of persons of law; such distinctions, however, cannot have any character, they shall be based on objective characteristics of appropriate subjects. Other would mean violation following from Article 19 (parts 1 and 2) Constitutions of the Russian Federation of the principle of the equal execution by citizens of the Russian Federation of the constitutional obligations formulated by the Constitutional Court of the Russian Federation in relation to obligation to pay legally established taxes (resolutions of July 14, 2005 to No. 9-P and of December 8, 2017 in No. 39-P) and fully the citizen of the Russian Federation, applicable to the constitutional obligation, on protection of the Fatherland, including by means of execution of military service.

Departure in legislative regulation from the principle of equality in relation to execution of the constitutional obligations, especially when it is connected with realization of any constitutional right (even if specific legal opportunity within this right in relation to which belonging to one category of the person are put in unequal position directly does not follow from the Constitution of the Russian Federation and is result of declaration of will of the legislator), has also signs of disproportionate (disproportionate) restriction of rights and freedoms of man and citizen that will not be approved with instructions of Article 55 (part 3) of the Constitution of the Russian Federation. Moreover, availability at one persons - within legislatively established sales terms of the constitutional obligation - opportunity actually delay its execution can lead to receipt of benefits by them at the expense of other persons belonging to the same category deprived of such opportunity and forced to fulfill the corresponding duty in full without delay that is departure from concept of justice and finally conflicts to prohibition of implementation of rights and freedoms of man and citizen contrary to the rights and freedoms of other persons (Article 17, part 3, of the Constitution of the Russian Federation).

Thus, absence at the citizens who received draft deferment on the military service provided by the paragraph the second the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" in connection with achievement of eighteen-year age by them before the end of development of the educational program of the secondary general education in the general education organization within the terms established by federal state educational standards, opportunities to receive repeated draft deferment on military service in connection with training in programs of magistracy - besides that such opportunity is given to citizens of one with them categories in the field of realization of the right to the higher education - has no objective and reasonable justification, puts the citizens belonging to this category in case of realization of this right in unequal position in relation to execution of conscription, what does not accord with the constitutional principles of equality and justice and criteria of proportionality (proportionality) of admissible restrictions of the rights and freedoms following from them (Article 17, part 3; Article 19, parts 1 and 2; Article 55, part 3, Constitutions of the Russian Federation).

Respectively, it is necessary to the federal legislator - proceeding from requirements of the Constitution of the Russian Federation and taking into account the legal line items of the Constitutional Court of the Russian Federation expressed in this Resolution - to make necessary changes to the operating legal regulation, taking at the same time into account that this Resolution in itself cannot be regarded as orienting to use as legal means of its execution of cancellation of draft deferment on military service in connection with receipt of the higher education according to the programs of magistracy having the state accreditation.

Until entering into legal regulation of the proper changes following from this Resolution, law-enforcement bodies shall not consider the fact of provision of draft deferment on military service according to the paragraph the second the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" to the citizen who is studying full-time in the educational organization or the scientific organization for the programs of magistracy having the state accreditation if it has no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree.

Proceeding from stated and being guided by Articles 71, of 72, of 74, of 75, of 78, of 79, of 87, 100 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation

decided:

1. Recognize not corresponding to the Constitution of the Russian Federation, its Articles 17 (part 3), 19 (parts 1 and 2), 43 (parts 1 and 3), 55 (part 3) and 59 (parts 1 and 2), provisions of the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" in that measure in what in system of the operating legal regulation these provisions, installing system of draft deferments on military service for the citizens who are studying full-time cause provision of draft deferment on military service to citizens who have no diploma of the specialist or the diploma of the master and arrived on training in the educational organizations or the scientific organizations for the programs of magistracy having the state accreditation in year of receipt of the higher education according to programs of bachelor degree, subjects whether such citizens used draft deferment on military service when training in the organization, performing educational activities for the educational programs of the secondary general education having the state accreditation, also deprive of opportunity to receive draft deferment on military service in connection with training in programs of magistracy of those from them who mastered educational programs of the secondary general education within the terms of its obtaining established by federal state educational standards, but it was forced to use the corresponding delay for completion of training in the general education organization and passings of the final assessment completing development of educational programs of the secondary general education.

2. It is necessary to the federal legislator - proceeding from requirements of the Constitution of the Russian Federation and taking into account the legal line items of the Constitutional Court of the Russian Federation expressed in this Resolution - to make the necessary changes following from this Resolution to the operating legal regulation.

Until entering into legal regulation of the proper changes following from this Resolution, law-enforcement bodies shall not consider the fact of provision of draft deferment on military service according to the paragraph the second the subitem "an" of Item 2 of article 24 of the Federal law "About Conscription and Military Service" to the citizen who is studying full-time in the educational organization or the scientific organization for the programs of magistracy having the state accreditation if it has no diploma of the specialist or the diploma of the master and arrived on training in programs of magistracy in year of receipt of the higher education according to programs of bachelor degree.

3. The law-enforcement decisions made in the matter of the citizen Spiridonov Pavel Andreevich are subject to revision in accordance with the established procedure taking into account this Resolution.

4. This Resolution is final, is not subject to appeal, becomes effective immediately after declaration, is effective directly and does not require confirmation by other bodies and officials.

5. This Resolution is subject to immediate publication in "The Russian newspaper", "Russian Federation Code" and on "The official Internet portal of legal information" (www.pravo.gov.ru). The resolution shall be published also in "the Bulletin of the Constitutional Court of the Russian Federation".

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