RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 28, 2008 No. 3-P

On the case of check of constitutionality of number of provisions of Articles 6.1. and 12.1. The law of the Russian Federation "About the status of judges in the Russian Federation" and Articles 21, 22 and 26 Federal Laws "About Bodies of Judicial Community in the Russian Federation" in connection with claims of citizens G. N. Belyusova, G. I. Zimina, H. B. Sarkitov, S. V. Semak and A. A. Filatova

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

with participation of citizens G. I. Zimina, H. B. Sarkitov and A. A. Filatova, representatives of the citizen G. N. Belyusova - lawyers E. V. Morozova and I. Yu. Pavlov, the citizen's representative S. V. Semak - the lawyer A. V. Kiryanov, the representative of the State Duma - Candidate of Law Sciences D. D. Tsabriya, 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. 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, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of number of provisions of Articles 6.1 in open session. and 12.1. The law of the Russian Federation "About the status of judges in the Russian Federation" and Articles 21, 22 and 26 Federal Laws "About Bodies of Judicial Community in the Russian Federation".

Reason for consideration of the case were claims of citizens G. N. Belyusova, G. I. Zimina, H. B. Sarkitov, S. V. Semak and A. A. Filatova. 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 all claims 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 claims in one production.

Having heard the message of the judge-speaker G. A. Zhilin, explanation of the parties and their representatives, speeches of the representatives invited in meeting: from the Supreme Arbitration Court Russian Federatsiizamestitelya Predsedatelya of the Supreme Arbitration Court of the Russian Federation of V. L. Slesarev, from Judicial council of the Russian Federation - A. I. Parshina, from the Highest qualification board of judges of the Russian Federation - A. S. Velichko, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. Citizens G. N. Belyusova, G. I. Zimina, H. B. Sarkitov, S. V. Semak and A. A. Filatova, whose powers of judges of courts of law are ahead of schedule stopped by decisions of qualification boards of judges of appropriate subjects of the Russian Federation, dispute constitutionality of Items 11 and 13 of Article 6.1. and Item 1 of Article 12.1. The law of the Russian Federation of June 26, 1992 N 3132-1 "About the status of judges in the Russian Federation" (in edition of the Federal Law of December 15, 2001 N 169-FZ), Item 6 of Article 21, Items 1 and 2 of Article 22 and paragraph two of Item 2 of article 26 of the Federal Law of March 14, 2002 N 30-FZ "About bodies of judicial community in the Russian Federation", and also Article 4 of the Regulations on qualification boards of judges (it is approved by the Highest qualification board of judges of the Russian Federation on July 15, 2002).

1.1. As initiators of initiation of disciplinary production also G. I. Ziminoyispolnyayushchy obligations of the chairman of the St. Petersburg city court acted concerning G. N. Belyusova's judges, concerning the chairman of district court H. B. Sarkitov - the Judicial council of the Karachay-Cherkess Republic which considered the representation and materials which arrived from the chairman of the Supreme Court of the Karachay-Cherkess Republic concerning the magistrate judge S. V. Semak is the chairman of the Taganrog city court of the Rostov region, concerning the judge A. A. Filatova - the Judicial council of the Novosibirsk region which considered the representation and materials which arrived from the chairman of the Novosibirsk regional court.

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