RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 15, 2011 No. 28-P

On the case of check of constitutionality of part four of article 261 of the Labor Code of the Russian Federation in connection with the claim of the citizen A. E. Ostayev

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, L. M. Zharkova, G. A. Zhilin, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the citizen A. E. Ostayev, 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, 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 case on check of constitutionality of part four of article 261 of the Labor Code of the Russian Federation in open session.

Reason for consideration of the case was the claim of the citizen A. E. Ostayev. 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 O. S. Hokhryakova, 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 of representatives: from the Ministry of Justice of the Russian Federation - E. A. Borisenko, from the Ministry of health and social development Russian Federatsiis.M. Petrova, from the Attorney-General of Russian Federatsiit.A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

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