RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 15, 2005 No. 3-P

On the case of check of constitutionality of provisions of Item 2 of Article 278 and article 279 of the Labor Code of the Russian Federation and paragraph two of item 4 of article 69 of the Federal law "About Joint-stock Companies" in connection with requests of the Volkhov city court of the Leningrad region, October district court of the city of Stavropol and claims of number of citizens

On behalf of the Russian Federation

Constitutional court of the Russian Federation as a part of the chairman N. V. Seleznyov, judges M. V. Baglaya, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, V. D. Zorkin, S. M. Kazantsev, M. I. Kleandrov, O. S. Hokhryakova,

with participation of the judge of the Volkhov city court of the Leningrad region A. G. Bogdanov, the judge of October district court of the city of Stavropol V. Yu. Shishova, citizens L. A. Elfimova, N. L. Ignatyev, Z. L. Kovrizhnykh, G. A. Kolosova, the citizen V. D. Kodyrkova and her representative - the lawyer A. N. Mashtakova, the citizen V. I. Koptelov and his representative - the doctor of jurisprudence V. I. Mironov, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. A. Mityukov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of Item 2 of Article 278 and article 279 of the Labor Code of the Russian Federation and paragraph two of item 4 of article 69 of the Federal law "About Joint-stock Companies" in open session.

Reason for consideration of the case were requests of the Volkhov city court of the Leningrad region and October district court of the city of Stavropol, the claim of citizens A. Yu. Golikov, B. A. Gromkov, I. H. Dzybova, L. A. Elfimov, N. K. Yemelyanova, A. N. Zhurbenko, N. L. Ignatyev, Z. L. Kovrizhnykh, V. D. Kodyrkova, G. A. Kolosov, V. I. Koptelov and N. P. Martynov in whom constitutionality of provisions of Item 2 of Article 278 and article 279 of the Labor Code of the Russian Federation, and also paragraph of third Item 3 and paragraphs of the first, second and third item 4 of article 69 of the Federal Law of December 26, 1995 "About joint-stock companies" is disputed (in edition of August 7, 2001). 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.

Considering that requests of courts and the claim of citizens 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 O. S. Hokhryakova, explanation of the parties and their representatives, speeches of the representatives invited in meeting: from the Ministry of Health and Social Development of the Russian Federation - M. A. Kowalewski, from Federal Service for Labour and Employment - I. I. Shklovtsa, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

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