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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 24, 1993 No. 13

About some questions connected using articles 23 and 25 of the Constitution of the Russian Federation

(as amended on on February 6, 2007)

According to article 23 of the Constitution of the Russian Federation, restriction of the right to the mystery of correspondence, telephone negotiations, post, cable and other messages is allowed only based on the judgment, and according to article 25 penetration into the dwelling against the will of persons living in it perhaps precisely in the cases established by the Federal Law or based on the judgment.

Proceeding from it and considering that the Constitution of the Russian Federation has the highest legal force and direct action, the Plenum of the Supreme Court of the Russian Federation decides:

Recommend to the Supreme Courts of the republics, to regional, regional courts, courts of the federal cities, courts of the autonomous region and autonomous areas, district (naval) public courts to accept to the consideration the materials confirming need of restriction of the right of the citizen to the mystery of correspondence, telephone negotiations, post, cable and other messages.

District courts and garrison military courts cannot refuse consideration of such materials in case of their submission to these courts.

1. Recommend to the Supreme Courts of the republics, to regional, regional courts, the Moscow and St. Petersburg city courts, courts of the autonomous region and autonomous areas, public vessels of districts, groups of troops, the fleet and types of Armed Forces to accept to the consideration the materials confirming need of restriction of the right of the citizen to the mystery of correspondence, telephone negotiations, post, cable and other messages.

District (city) national courts, military courts of armies, flotillas, connections and garrisons cannot refuse consideration of such materials in case of their submission to these courts.

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