RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 20, 2009 No. 7-P

On the case of check of constitutionality of provision of Item 11 of article 38 of the Federal law "About Conscription and Military Service" in connection with the claim of the citizen I. N. Kuashev

On behalf of the Russian Federation

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

with participation of the representative citizen I. N. Kuashev - the lawyer A. H. Bittirov, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova,

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 provision of Item 11 of article 38 of the Federal law "About Conscription and Military Service" in open session.

Reason for consideration of the case was the claim of the citizen I. N. Kuashev. 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 normative provision challenged by the applicant

Having heard the message of the judge-speaker N. V. Seleznyov, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Investigative Committee under prosecutor's office of the Russian Federation - A. P. Spitsyna, from the Ministry of Defence of the Russian Federation - V. V. Vinogradova, having researched the provided documents and other materials, the Constitutional Court of the Russian Federation established:

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