RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 21, 2013 No. 6-P

On the case of check of constitutionality of the subitem "v" of Item 2 of article 51 of the Federal law "About Conscription and Military Service" in connection with claims of citizens R. V. Boskachev, I. V. Ovsyannikov and D. A. Savelyev

On behalf of the Russian Federation

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

with participation of the citizen D. A. Savelyev, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin, 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 the subitem "v" of Item 2 of article 51 of the Federal law "About Conscription and Military Service" in open session.

Reason for consideration of the case were claims of citizens R. V. Boskachev, I. V. Ovsyannikov and D. A. Savelyev. 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 applicants.

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 O. S. Hokhryakova, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Court of Russian Federatsiisudyi of the Supreme Court of the Russian Federation of I. V. Krupnov, from the Ministry of Justice of the Russian Federation - E. A. Borisenko, from the Ministry of Defence of the Russian Federation - N. V. Elina, from Federal Security Service of the Russian Federation - Yu. A. Kostina, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the subitem "v" of Item 2 of article 51 of the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service", establishing the dismissal bases from military service, the serviceman passing military service under the contract can be ahead of schedule discharged from military service in connection with failure to carry out of terms of the contract by it.

On this basis applicants on this case kapitanleytenant R. V. Boskachev passing military service as divisional artilleristanachalnik of air defense of the headquarters of division of the ships of protection of the waterway region of naval base, the ensign I. V. Ovsyannikov passing military service as the controller of the first category of post of border control of check-point of boundary commandant's office and the senior lieutenant D. A. Savelyev passing military service as the engineer of radio engineering military unit were discharged from military service.

1.1. The lieutenant commander R. V. Boskachev was found by the sentence of Polyarninsky garrison military court of February 17, 2011 which took legal effect on April 21, 2011 guilty of crime execution, stipulated in Item "and" parts three of article 286 UK of the Russian Federation (the abuse of office integrated using violence). In case of punishment determination the court counted possible to order to pay to it fine in the amount of thirty thousand rubles, i.e. milder pinishment in comparison with provided by the sanction of the specified regulation, and not to apply additional punishment in the form of deprivation of the right to hold certain positions and to be engaged in certain activities. R. V. Boskachev was ahead of schedule discharged by the order of the commander of the Northern Fleet of May 30, 2011 from military service in connection with failure to carry out of terms of the contract by it. Feasibility of dismissal on this basis it was specified also in the conclusion of certifying commission of White Sea naval base of the Northern Fleet preceding the publication of the order (the protocol of April 20, 2011).

Refusing allowance of the application of R. V. Boskachev about contest of actions of the commander of the Northern Fleet, the commander of military unit and certifying commission, the Severodvinsk garrison military court in the decision of June 21, 2011 left without change cassation determination of Northern naval military court of August 4, 2011 proceeded from the following: having signed the contract on passing of military service, R. V. Boskachev assumed liability to honesty carry out all general, job and special responsibilities of the military personnel established by legislative and other regulatory legal acts of the Russian Federation, including the Federal law "About the Status of the Military Personnel" which article 26 refers strict observance of the Constitution of the Russian Federation, the laws of the Russian Federation and requirements of all-army regulations to number of general obligations of the military personnel; making by the serviceman of crime during passing of military service means failure to carry out of this obligation and consequently, and failure to carry out of terms of the contract about passing of military service that can entail its early dismissal from military service.

By determination of the judge of Northern naval military court of October 11, 2011 and determination of the judge of the Supreme Court of the Russian Federation from November 24, 2011 in transfer of supervising claims R. V. Boskachev to the court decrees which took place on case for consideration judicial session of Supervisory Court it was also refused.

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