On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 17, 2019 No. 4-P

On the case of check of constitutionality of article 19.1 of the Law of the Russian Federation "About mass media" in connection with the claim of the citizen E. G. Finkelstein

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

with participation of the representative citizen E. G. Finkelstein - Candidate of Law Sciences D. V. Kozhemyakin, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation M. P. Bespalova, the representative of the Federation Council - the chairman of committee of the Federation Council on the constitutional legislation and the state construction 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) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of article 19.1 of the Law of the Russian Federation "About mass media".

Reason for consideration of the case was the claim of the citizen E. G. Finkelstein. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of agents of the parties, performances invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation E. N. Zolotova, from the Ministry of digital development, communication and mass communications of the Russian Federation - M. N. Kharlamova, 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, the Constitutional Court of the Russian Federation

established:

1. The applicant on this case citizen E. G. Finkelstein disputes constitutionality of article 19.1 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 "About mass media" according to which, if other is not provided by the international treaty of the Russian Federation, foreign state, the international organization, and also the organization which is under their control, the foreign legal entity, the Russian legal entity with foreign participation, the foreign citizen, the stateless person, the citizen of the Russian Federation having nationality of other state, in total or everyone, having no right to act as the founder (participant) of mass media, to be the editorial office of mass media, the organization (legal entity) performing broadcasting (part one);

if other is not provided by the international treaty of the Russian Federation, foreign state, the international organization, and also the organization which is under their control, the foreign legal entity, the Russian legal entity whose share of foreign participation in the authorized capital constitutes more than 20 percent, foreign citizens, the stateless person, the citizen of the Russian Federation having nationality of other state, in total or everyone, having no right to exercise ownership, control or control directly or indirectly (including through under control persons or by means of ownership in total of more than 20 percent of shares (shares) of any person) concerning more than 20 percent of shares (shares) in the authorized capital of person who is the member (the member, the shareholder) of the founder of mass media, the editorial office of mass media, the organization (legal entity) performing broadcasting (part two);

establishment by persons specified in part one of this Article, any other forms of control over the founder of mass media over the editorial office of mass media, the organization (legal entity) performing broadcasting is not allowed as well as over persons who are members (members, shareholders) of the founder of mass media as a result of whom specified persons acquire opportunity directly or indirectly to own, manage such founder, such edition, such organization to control them, and also to actually determine the decisions (part three) made by them;

persons who are members (founders) of founders of mass media or editorial offices of mass media and also the organizations (legal entities) performing broadcasting in case of discrepancy to requirements of this Article have no right to perform the rights provided by paragraphs the second - the sixth Item 1 of Article 65.2 of Civil Code of the Russian Federation; the voices belonging to these persons are not considered in case of determination of quorum of general meeting of participants (members, shareholders) and in case of counting of votes (part four);

any transactions which lead to violation of requirements of this Article are insignificant (part five);

the list of the documents testimonial of observance of requirements of this Article affirms the Government of the Russian Federation and is subject to provision by persons determined by this Law of the Russian Federation (part six).

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