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Monitoring of the Federal Legislation dated 15.04.2002

Decision of the Constitutional Court of the Russian Federation of April 12, 2002 on the Case of Constitutionality of Provisions of Articles 13 and 14 of the Federal Law on the General Principles of Organization of Legislation (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation Pursuant to the Appeal of Citizen A.P.Bykov, As Well As Requests of the Supreme Court of the Russian Federation and the Legislative Assembly of the Krasnoyarsk Territory

The Constitutional Court of the Russian Federation recognized as not complying with the Constitution of the Russian Federation the provisions of Items 1, 2 and 3 of Article 13 and Items 1, 2 and 4 of Article 14 of the Federal Law on the general principles of organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation inasmuch as they prohibit to sue a deputy and carry out criminal and administrative procedural measures without the consent of the legislative (representative) body of state power of the subject of the Russian Federation.
Provision of Item 4 of Article 13 stating that if there is a suit against a deputy envisaging a criminal or administrative responsibility imposed by a court for the actions not pertaining to execution of his authority, such case may not be handed over to the court without the consent of the legislative (representative) body of state power of the subject of the Russian Federation after the preliminary investigation, as well as the provision of Item 3 of Article 14 used as the basis by the Prosecutor of the subject of the Russian Federation to make a presentation to the legislative (representative) body of state power of the subject of the Russian Federation to obtain such consent, are also recognized as not complying with the Constitution of the Russian Federation.
Provision of Item 1 of Article 13 stating that the deputy of the legislative (representative) body of state power of the subject of the Russian Federation enjoys immunity within the whole period of his authority is recognized as complying with the Constitution of the Russian Federation because it secures the principle of parliamentary immunity as a guarantee of free execution of the deputy's authority. Also complying with the Constitution of the Russian Federation are recognized the provisions of Item 5 of Article 13 not permitting to sue a deputy for the expressed opinion, position during the vote and other actions pertaining to the deputy's status, including the period after expiry of his authority, except for the cases of public insults, slander or other violations on his part envisaging responsibility under the federal law.
The Federal Assembly of the Russian Federation must amend the appropriate legislative acts to regulate the procedural guarantees pertaining to criminal and administrative responsibility of the deputies of legislative (representative) bodies of state power of the subjects of the Russian Federation imposed by a court in compliance with the requirements of the Constitution of the Russian Federation.
The Decision is entered into force immediately after the annunciation.

Federal Law No. 36-FZ of April 11, 2002 on the Amendments to Articles 7 and 8 of the Federal Law on the State Registration of the Rights for Immovable Property and Deals with It

The list of persons that may have access to information on the presence or absence of registration and the contents of the documents of title is extended to include the Chairman of the Counting Chamber of the Russian Federation, his Deputy and auditors of the Counting Chamber of the Russian Federation, thus ensuring the strengthening of the state control of the Counting Chamber of the Russian Federation over the use of state property.
The Federal Law is entered into force from the day of its official publication.

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