Full text Art. 29.9 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 29.9 of the Code of Administrative Offenses of the Russian Federation.

1. Based on the results of the consideration of the case regarding administrative offense a decision may be made:
1) on imposing an administrative penalty;
2) on termination of proceedings in the case of an administrative offense.

(Part as amended, put into effect on August 22, 2009 by Federal Law of July 17, 2009 N 160-FZ.

1.1. A decision to terminate proceedings in a case of an administrative offense is made in the following cases:
1) the presence of at least one of the circumstances provided for in Article 24.5 of this Code;
2) announcement of an oral comment in accordance with Article 2.9 of this Code;
3) termination of proceedings in the case and transfer of case materials to the prosecutor, the preliminary investigation body or the inquiry body if the actions (inaction) contain signs of a crime;
4) releasing a person from administrative liability for administrative offenses provided for in Articles 6.8, 6.9, 14.32, 15.11, Part 2 of Article 16.2, Part 3 of Article 20.20 of this Code, in accordance with the notes to these articles.

(Clause as amended by Federal Law of November 25, 2013 N 313-FZ; as amended by Federal Law of February 12, 2015 N 17-FZ; as amended by Federal Law of February 12, 2015 N 17-FZ; as amended by , put into effect on April 10, 2016 by Federal Law of March 30, 2016 N 77-FZ.

(Part additionally included from August 22, 2009 by Federal Law of July 17, 2009 N 160-FZ)
2. Based on the results of consideration of a case of an administrative offense, a determination is made:
1) on transferring the case to a judge, body, official authorized to impose administrative penalties of a different type or size or apply other measures of influence in accordance with the law Russian Federation;
2) on transferring the case for consideration according to jurisdiction, if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it.

Commentary on Article 29.9 of the Code of Administrative Offenses of the Russian Federation

1. Based on the results of consideration of a case of an administrative offense, two fundamentally different types of decisions can be made. The decision on the merits of the case is formalized by a resolution (see commentary to Article 29.10). A decision that is procedural in nature and does not affect the substance of the case is formalized in a ruling (see commentary to Article 29.12).

2. A decision is made in the form of a resolution to impose an administrative penalty (see commentary to Article 3.2). When assigning a punishment, it is necessary to be guided by the provisions contained in the articles of Chapter 4 of the Code (see commentary to Articles 4.1 - 4.5).

3. In the form of a resolution, a decision is made to terminate the proceedings in the case of the presence of at least one of the circumstances precluding the proceedings (see commentary to Article 24.5).

4. A similar decision is made if the violation committed is insignificant. In this case, the person who committed it may be released from liability with an oral reprimand (see commentary to Article 2.9).

5. In the same form, a decision is made to terminate the proceedings and transfer the case materials to the prosecutor, the preliminary investigation body or the inquiry body if the actions (inaction) of the person against whom the proceedings were conducted contain signs of a crime.

The transfer of such materials is carried out taking into account the jurisdiction determined in accordance with the provisions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation.

6. A decision to terminate proceedings in certain categories of cases is also made when a person is released from administrative liability on the grounds provided for in the notes to Art. Art. 6.8, 6.9, 14.32 of the Code.

7. In the form of a ruling, a decision is made to transfer the case to a judge, body, or official authorized to impose administrative penalties of a different type or size or apply other measures of influence in accordance with the legislation of the Russian Federation.

In accordance with the Code, the same cases can be considered by different entities (judges, authorities, officials), who are authorized to impose different punishments or apply different measures of influence.

Thus, cases of certain categories of administrative offenses are considered by judges in cases where the body or official to whom the case of such an offense was received transfers it to a judge for consideration (see commentary to Article 23.1), since the exclusive competence of the judge includes the appointment of such administrative penalties, such as, for example, paid seizure and confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative arrest, etc. (see commentary to Articles 3.6 - 3.12).

Similarly, cases of administrative offenses in the region traffic are considered by commissions on the affairs of minors and the protection of their rights (see commentary to Article 23.2), since taking into account the specific circumstances of the case and data about the person who committed the offense at the age of 16 to 18 years, this person can be released from administrative liability with the use of to it the measures of influence provided for by federal legislation (see commentary to Article 2.3).

As for officials, the powers of some of them are limited to establishing the types of administrative punishment imposed, as well as the maximum amounts of administrative fines imposed. An example can be given in relation to internal affairs bodies (police): heads of duty shifts of duty units of linear police departments (directorates) in transport, heads of linear police departments (points) have the right to impose administrative penalties on citizens and officials in the form of a warning or an administrative fine in the amount of up to two thousand rubles (Article 23.3).

8. In the form of a ruling, a decision is also made to transfer the case for consideration according to jurisdiction, if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it. This refers, in particular, to the case of the so-called reclassification of an offense, when it turns out that the actual composition of the violation corresponds not to the legal composition that was recorded in the protocol on the administrative offense, but to another.

Consultations and comments from lawyers on Article 29.9 of the Code of Administrative Offenses of the Russian Federation

If you still have questions regarding Article 29.9 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer”, will slow down exactly twice - the shadow from the black hole will block exactly half possible trajectories"gravitational radiation". If the determining factor is “ internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

It is also possible that these hypotheses can be combined in one proportion or another.

Types of decisions and rulings in a case of an administrative offense

Commentary on Article 29.9 of the Code of Administrative Offenses of the Russian Federation:

1. Based on the results of consideration of a case of an administrative offense, two fundamentally different types of decisions can be made. The decision on the merits of the case is formalized by a resolution (see commentary to Article 29.10). A decision that is procedural in nature and does not affect the substance of the case is formalized in a ruling (see commentary to Article 29.12).

2. A decision is made in the form of a resolution to impose an administrative penalty (see commentary to Article 3.2). When assigning a punishment, it is necessary to be guided by the provisions contained in the articles of Chapter 4 of the Code (see commentary to Articles 4.1 - 4.5).

3. In the form of a resolution, a decision is made to terminate the proceedings in the case of the presence of at least one of the circumstances precluding the proceedings (see commentary to Article 24.5).

4. A similar decision is made if the violation committed is insignificant. In this case, the person who committed it may be released from liability with an oral reprimand (see commentary to Article 2.9).

5. In the same form, a decision is made to terminate the proceedings and transfer the case materials to the prosecutor, the preliminary investigation body or the inquiry body if the actions (inaction) of the person against whom the proceedings were conducted contain signs of a crime.

The transfer of such materials is carried out taking into account the jurisdiction determined in accordance with the provisions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation.

6. A decision to terminate proceedings in certain categories of cases is also made when a person is released from administrative liability on the grounds provided for in the notes to Art. Art. 6.8, 6.9, 14.32 of the Code.

7. In the form of a ruling, a decision is made to transfer the case to a judge, body, or official authorized to impose administrative penalties of a different type or size or apply other measures of influence in accordance with the legislation of the Russian Federation.

In accordance with the Code, the same cases can be considered by different entities (judges, authorities, officials), who are authorized to impose different punishments or apply different measures of influence.

Thus, cases of certain categories of administrative offenses are considered by judges in cases where the body or official to whom the case of such an offense was received transfers it to a judge for consideration (see commentary to Article 23.1), since the exclusive competence of the judge includes the appointment of such administrative penalties, such as, for example, paid seizure and confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative arrest, etc. (see commentary to Articles 3.6 - 3.12).

Similarly, cases of administrative offenses in the field of traffic are considered by commissions for the affairs of minors and the protection of their rights (see commentary to Article 23.2), since, taking into account the specific circumstances of the case and data about the person who committed the offense at the age of 16 to 18 years, the specified person may be released from administrative liability by applying to him a measure of influence provided for by federal legislation (see commentary to Article 2.3).

As for officials, the powers of some of them are limited to establishing the types of administrative punishment imposed, as well as the maximum amounts of administrative fines imposed. An example can be given in relation to internal affairs bodies (police): heads of duty shifts of duty units of linear police departments (directorates) in transport, heads of linear police departments (points) have the right to impose administrative penalties on citizens and officials in the form of a warning or an administrative fine in the amount of up to two thousand rubles (Article 23.3).

8. In the form of a ruling, a decision is also made to transfer the case for consideration according to jurisdiction, if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it. This refers, in particular, to the case of the so-called reclassification of an offense, when it turns out that the actual composition of the violation corresponds not to the legal composition that was recorded in the protocol on the administrative offense, but to another.

1. Based on the results of consideration of a case of an administrative offense, a decision may be made:

1) on imposing an administrative penalty;

2) on termination of proceedings in the case of an administrative offense.

1.1. A decision to terminate proceedings in a case of an administrative offense is made in the following cases:

1) the presence of at least one of the circumstances provided for in Article 24.5 of this Code;

2) announcement of an oral comment in accordance with Article 2.9 of this Code;

3) termination of proceedings in the case and transfer of case materials to the prosecutor, the preliminary investigation body or the inquiry body if the actions (inaction) contain signs of a crime;

4) releasing a person from administrative liability for administrative offenses provided for in Articles 6.8, 6.9, parts 2, 4 and 6 of Article 14.5, Articles 14.32, 15.11, parts 1 and 2 of Article 16.2, Articles 19.7.13, 19.15.1, 19.15.2 , 19.28 and part 2 of article 20.20 of this Code, in accordance with the notes to these articles.

2. Based on the results of consideration of a case of an administrative offense, a determination is made:

1) to transfer the case to a judge, body, official authorized to impose administrative penalties of a different type or amount or apply other measures of influence in accordance with the legislation of the Russian Federation;

2) on transferring the case for consideration according to jurisdiction, if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it.

Comments to Art. 29.9 Code of Administrative Offenses of the Russian Federation

1. Based on the results of consideration of a case of an administrative offense, two fundamentally different types of decisions can be made. The decision on the merits of the case is formalized by a resolution (see commentary to Article 29.10). A decision that is procedural in nature and does not affect the substance of the case is formalized in a ruling (see commentary to Article 29.12).

2. A decision is made in the form of a resolution to impose an administrative penalty (see commentary to Article 3.2). When assigning a punishment, it is necessary to be guided by the provisions contained in the articles of Chapter 4 of the Code (see commentary to Articles 4.1 - 4.5).

3. In the form of a resolution, a decision is made to terminate the proceedings in the case of the presence of at least one of the circumstances precluding the proceedings (see commentary to Article 24.5).

4. A similar decision is made if the violation committed is insignificant. In this case, the person who committed it may be released from liability with an oral reprimand (see commentary to Article 2.9).

5. In the same form, a decision is made to terminate the proceedings and transfer the case materials to the prosecutor, the preliminary investigation body or the inquiry body if the actions (inaction) of the person against whom the proceedings were conducted contain signs of a crime.

The transfer of such materials is carried out taking into account the jurisdiction determined in accordance with the provisions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation.

6. A decision to terminate proceedings in certain categories of cases is also made when a person is released from administrative liability on the grounds provided for in the notes to Art. Art. 6.8, 6.9, 14.32 of the Code.

7. In the form of a ruling, a decision is made to transfer the case to a judge, body, or official authorized to impose administrative penalties of a different type or size or apply other measures of influence in accordance with the legislation of the Russian Federation.

In accordance with the Code, the same cases can be considered by different entities (judges, authorities, officials), who are authorized to impose different punishments or apply different measures of influence.

Thus, cases of certain categories of administrative offenses are considered by judges in cases where the body or official to whom the case of such an offense was received transfers it to a judge for consideration (see commentary to Article 23.1), since the exclusive competence of the judge includes the appointment of such administrative penalties, such as, for example, paid seizure and confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative arrest, etc. (see commentary to Articles 3.6 - 3.12).

Similarly, cases of administrative offenses in the field of traffic are considered by commissions for the affairs of minors and the protection of their rights (see commentary to Article 23.2), since, taking into account the specific circumstances of the case and data about the person who committed the offense at the age of 16 to 18 years, the specified person may be released from administrative liability by applying to him a measure of influence provided for by federal legislation (see commentary to Article 2.3).

As for officials, the powers of some of them are limited to establishing the types of administrative punishment imposed, as well as the maximum amounts of administrative fines imposed. An example can be given in relation to internal affairs bodies (police): heads of duty shifts of duty units of linear police departments (directorates) in transport, heads of linear police departments (points) have the right to impose administrative penalties on citizens and officials in the form of a warning or an administrative fine in the amount of up to two thousand rubles (Article 23.3).

8. In the form of a ruling, a decision is also made to transfer the case for consideration according to jurisdiction, if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it. This refers, in particular, to the case of the so-called reclassification of an offense, when it turns out that the actual composition of the violation corresponds not to the legal composition that was recorded in the protocol on the administrative offense, but to another.

1. The state language of the Russian Federation throughout its entire territory is Russian.

2. Republics have the right to establish their own official languages. In government bodies, local government bodies, government institutions republics they are used along with the state language of the Russian Federation.

3. The Russian Federation guarantees all its peoples the right to preserve their native language and create conditions for its study and development.

Commentary on Article 68 of the Constitution of the Russian Federation

1. Part 1 of the commented article establishes the state language of the Russian Federation - the Russian language. Such norms are quite typical for multinational states, although the state language is mentioned in the constitutions of most countries * (751). Language relations form a natural basis social contacts And information processes. The state language, used by citizens everywhere, is designed to fulfill the consolidating role of the country's population and ensure its integrity.

Analysis of foreign experience legal regulation the use of languages ​​shows that in some of them the concept of “official language” is used, moreover, as synonymous with the concept of “state language” (for example, in India). Although UNESCO experts back in the 1950s proposed to distinguish between these concepts, assigning to the state language the status of a symbol of the state performing an integration function, and to the official language the status of the language of legislation, government controlled, legal proceedings * (752). The Model Law on Languages, adopted in 2004 by the Interparliamentary Assembly of the CIS Member States, defines the state language as a language mandatory for use in political, economic, social, cultural and other official spheres, and the official language as a language legally established for use in official spheres along with the state * (753). This is precisely the approach chosen by the Constitution Kyrgyz Republic(Article 5), which recognizes the state language Kyrgyz language, and the official language is Russian.

Choosing an official language in multi-ethnic countries is not an easy task. The decision to recognize the language of one group as the official language can cause conflicts national character. Therefore, in some of them several languages ​​are official (for example, in India, Ireland, Canada, Switzerland).

The Russian language, due to historical and cultural traditions, plays important role in consolidation, unity and cultural development peoples of the Russian Federation. According to the 2002 All-Russian Population Census, 98.2% of the total population of Russia speaks Russian.

The status of the Russian language as the state language of Russia is regulated by Federal Law dated 01.06.2005 N 53-FZ “On the state language of the Russian Federation”. The legislator, in order to ensure the effective functioning state institutions established the spheres of official linguistic communication, which stipulates the mandatory use of only the state language of the Russian Federation:

In the activities of state bodies (both the Russian Federation and its constituent entities), local government bodies, organizations of all forms of ownership, including in the activities of record keeping * (754);

During the preparation and conduct of elections and referendums;

In constitutional, civil, criminal, administrative proceedings, legal proceedings in arbitration courts, office work in federal courts, legal proceedings and office work before justices of the peace and in other courts of the constituent entities of the Russian Federation;

When writing names geographical objects, applying inscriptions to road signs;

When preparing identity documents of a citizen of the Russian Federation, certificates of state registration acts of civil status, documents on education, addresses of senders and recipients of telegrams and postal items sent within the Russian Federation, postal money transfers;

In the activities of television and radio broadcasting organizations, editorial offices of periodicals printed publications, with the exception of the activities of organizations specially established to carry out activities in other languages ​​of the peoples of the Russian Federation or foreign languages;

In advertising and other areas specified by federal laws. Ensuring the right of citizens of the Russian Federation to use the state language of Russia involves, first of all, receiving education in Russian in state and municipal educational institutions. Therefore, in all those who have state accreditation In educational institutions, with the exception of preschools, the study of the Russian language as the state language of the Russian Federation is regulated by state educational standards (Article 6 of the Education Law).

The legislator especially emphasizes that the mandatory use of the state language should not be interpreted as a denial or derogation of the right to use the state languages ​​of the republics that are part of the Russian Federation and the languages ​​of the peoples of the Russian Federation. Therefore, persons, including citizens, who do not speak Russian have the right to use another language. When protecting and realizing their rights and legitimate interests in cases established by law, they should be provided with the services of translators * (755).

The protection of the Russian language as the state language is intended to be ensured by legislative prohibitions on the use of words and expressions that do not comply with the norms of the modern Russian literary language, with the exception of foreign words, which have no commonly used analogues in the Russian language. The procedure for approving the norms of the modern Russian literary language when it is used as the state language, the rules of Russian spelling and punctuation, is determined by the Government of the Russian Federation.

2. Part 2 of the commented article allows the republics within the Russian Federation to establish their state languages ​​along with the state language of the Russian Federation. The Constitution indicates two important circumstances. Firstly, only republics have the right to establish state languages. This is one of the features of their constitutional legal status, different from the status of other subjects of the Russian Federation. In the practice of regional lawmaking, there have been cases of establishing state languages ​​by autonomous okrugs * (756). And secondly, the state languages ​​of the republics should be used in government bodies, local governments, and government institutions along with the state language of the Russian Federation - Russian.

Republics use the right granted to them by enshrining state languages ​​in their constitutions. At the same time, the official languages ​​are recognized as the Russian language and the language of the ethnic group that gave its name to the subject of the Russian Federation, which does not always reflect its numerical superiority over other ethnic groups inhabiting the subject of the Russian Federation (for example, according to the 2002 All-Russian Population Census in the Republic of Bashkortostan, Bashkirs make up 29.7%, and Tatars - 24.1%, while Bashkir language speaks 25.8% of the population, and Tatar - 34%). The only republic that has not established an additional state language is the Republic of Karelia, in which Karelians make up less than 10% of the population. The recognition of the Russian language by the republics as their state language seems very controversial, since it has state status at the federal level and confirmation of this status in part of the territory of the Russian Federation is not required.

The status of the state language of the republic is regulated by the Law on the Languages ​​of the Peoples of the Russian Federation and the relevant laws of the republics * (757). In the state language in the republic legal proceedings and paperwork can be conducted by magistrates and in other courts of the constituent entities of the Russian Federation, as well as paperwork in law enforcement agencies subjects of the Russian Federation. The state language of the republics can be used in media mass media subjects of the Federation, along with the state language of Russia - when preparing documents certifying the identity of a citizen of the Russian Federation, civil records, work records, as well as education documents, military IDs and other documents.

Thus, in accordance with the Regulations on the Passport of a Citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation dated 07/08/1997 N 828 (as amended on 01/05/2001), inserts with an image can be made for passport forms intended for registration in the republics state emblem republic and providing for the entry in the state language (languages) of this republic of information about the identity of the citizen. The shape of the insert is determined by the authorities executive power republics and the Ministry of Internal Affairs of Russia in agreement with the Heraldic Council under the President of the Russian Federation.

The introduction by the republics of state languages ​​on their territory imposes obligations on the authorities of these subjects of the Federation to cover the costs associated with their use and study. For example, in the state languages ​​of the republics, in addition to the Russian version, the texts of official acts, election ballots are printed, official paperwork is conducted in two languages, the texts of documents, forms, seals, stamps, postmarks and signs with the names of government bodies and organizations, etc. require double registration. . Those wishing to master the state language of the republic must be guaranteed training in this language to the required level.

Bilingual presentation of official acts requires compliance with the authenticity (authenticity) of their texts. This problem is also typical for foreign countries, which established several official languages ​​(Canada, India). However, for example, in India, when deciding on the authenticity of the text of a legal act, the English text has priority over the Hindi text. This problem in the Russian Federation requires its legislative resolution, given that texts in the second state language are of an official nature and have the same legal force as Russian-language texts * (758).

Providing the opportunity for republics to establish their own state languages ​​presupposes that they equally, as well as the Russian language, will be spoken by state and municipal employees * (759), employees of government bodies and organizations. Therefore, in order to ensure the use of their state languages ​​on the territory of the republics in all areas of official relations, legislators of the constituent entities of the Russian Federation have the right - within the meaning of Art. 68 of the Constitution in conjunction with its art. 43 and in accordance with federal legislation - to provide for its study when receiving the basic general education, including in educational institutions with Russian as the language of instruction that have state accreditation, by persons, regardless of whether this language is their native language or not.

At the same time, however, regulation of the status of the state language of the republic, its protection and development, study (teaching) within the framework of basic general education as compulsory academic discipline must be carried out without prejudice to the functioning and study of the Russian language as the state language of the Russian Federation in accordance with general federal state standards taking into account that, unlike the Russian language, the state language of the republic is not the official language in the territories of other subjects of the Federation. The study of the state language of the republics cannot be carried out to the detriment of federal component federal basic curriculum and sample curricula for general educational institutions RF and hinder the realization of students’ right to in-depth study other subjects of the curriculum, including the Russian language, elective disciplines, etc. IN otherwise it would create the possibility of violating the principles of equality of rights and freedoms of man and citizen guaranteed by the Constitution and the bearing by citizens of Russia of equal responsibilities throughout its territory, including in relation to the implementation of the right to education and linguistic rights and freedoms (Part 2 of Article 6, Part 2 Art. 19, Art. 43 and 68), and also the restriction of the enshrined part 1 of Art. 27 of the Constitution the right to freedom of movement and choice of place of stay and residence.

This legal position was set out by the Constitutional Court in Resolution No. 16-P dated November 16, 2004 “In the case of verifying the constitutionality of the provisions of paragraph 2 of Article 10 of the Law of the Republic of Tatarstan “On the Languages ​​of the Peoples of the Republic of Tatarstan”, part two of Article 9 of the Law of the Republic of Tatarstan “On State Languages” of the Republic of Tatarstan and other languages ​​in the Republic of Tatarstan", paragraph 2 of Article 6 of the Law of the Republic of Tatarstan "On Education" and paragraph 6 of Article 3 of the Law of the Russian Federation "On the languages ​​of the peoples of the Russian Federation" in connection with the complaint of citizen S.I. Khapugin and requests State Council Republic of Tatarstan and Supreme Court Republic of Tatarstan"*(760).

However, the use of the state language of the republics as mandatory for communication in the official sphere should not be absolute. In a number of subjects of the Federation, for example, knowledge of the state language of a subject of the Russian Federation was one of the conditions for election to the post of president of the republic (Adygea, Bashkortostan, Buryatia, Sakha (Yakutia), Tyva). The Constitutional Court of the Russian Federation in Resolution No. 12-P dated April 27, 1998 “On the case of verifying the constitutionality of certain provisions of part one of Article 92 of the Constitution of the Republic of Bashkortostan, part one of Article 3 of the Law of the Republic of Bashkortostan “On the President of the Republic of Bashkortostan” (as amended on August 28, 1997 ) and Articles 1 and 7 of the Law of the Republic of Bashkortostan “On the Election of the President of the Republic of Bashkortostan” * (761) indicated that neither the obligation of republics to establish state languages ​​nor the need for special requirements for knowledge of these languages ​​follows from the constitutional provisions on the right of republics to establish their state languages as a condition for acquiring passive voting rights, including in the election of the highest official of the republic. In the Determination of November 13, 2001 N 260-O “At the request of the State Council - Khase of the Republic of Adygea to confirm the constitutionality of the provision of paragraph 1 of Article 76 of the Constitution of the Republic of Adygea" * (762) The Constitutional Court strengthened its position by finding that even if the necessary form of regulation is observed (by federal law) this limitation would be disproportionate to the constitutionally significant goals enshrined in Part 3 of Art. 55 of the Constitution.

As practice has shown, regulation of the use of the state languages ​​of the republics is a rather multifaceted problem. It turned out to be very topical issue establishing the graphic basis of the language. The use of language as a state language in various fields government activities and in official relations presupposes its existence not only in verbal (oral) but also in writing. Therefore, the graphic basis of the alphabet is mandatory and an important component legal status of the state language.

In the world there are the most different shapes writing: hieroglyphic (China, Japan), Arabic script (Saudi Arabia, Kuwait), Latin (most European countries, states of the American continents), Cyrillic (Russia, Bulgaria), etc.

In Russia this was not a subject legislative regulation, however, in 1999 the Law of the Republic of Tatarstan “On the restoration Tatar alphabet based on the Latin script" (writing in the Republic of Tatarstan has changed several times; in recent decades the Cyrillic alphabet has been used). Changes made to the Law on the Languages ​​of the Peoples of the Russian Federation in 2002 regulate the graphic basis of the state languages ​​of the Russian Federation and its subjects: such languages ​​are built on the basis Cyrillic alphabet The constitutionality of the actions of the federal legislator to establish a unified graphic basis for the state languages ​​was subsequently confirmed by the Constitutional Court of the Russian Federation in the said Resolution No. 16-P of November 16, 2004.

The unity of the graphic basis of the language follows from the constitutional requirements of the unity of the state, its economic and legal space. General graphics V in this case It has great value, including for economic and cultural relations of various ethnic groups - subjects of the Federation. Such a legislative solution currently ensures - in the interests of preserving state unity - the harmonization and balanced functioning of the common federal language and the state languages ​​of the republics, is aimed at achieving their optimal interaction within the framework of a common linguistic space and does not interfere with the exercise by citizens of Russia of rights and freedoms in the linguistic sphere, in including the right to use their native language. As you know, in China they believe that the unity of the state was formed and strengthened to a large extent thanks to a single (hieroglyphic) writing system, as a result of which people and ethnic groups with different pronunciation when designating certain phenomena, they found a common language.

At the same time, the federal legislator did not exclude the possibility of changing the graphic basis of the alphabets of the state languages ​​of the republics, which they used at the time of the adoption of the Constitution. At the same time, he does not have the right to act arbitrarily, at his own discretion - such a change is permissible if only it pursues constitutional meaningful goals, meets historical, cultural, social and political realities, as well as the interests of the multinational people of Russia.

3. Considering the multinational composition of the Russian Federation, numbering more than 180 peoples and their members ethnic groups, Part 3 of the article in question establishes the right of all its peoples to preserve own languages and guarantees the creation of conditions for their study and development. Without this, personal self-identification is impossible.

This approach is consistent with international legal norms. According to the International Covenant on Civil and political rights in those countries where linguistic minorities exist, persons belonging to such minorities cannot be denied the right, in common with other members of the same group, to use their mother tongue (Article 27). According to the 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, persons belonging to national minorities have the right to freely express, preserve and develop their linguistic identity and to maintain and develop their culture in all its aspects, without being subject to any attempts at assimilation against your will. In particular, they have the right to freely use their mother tongue in personal and public life, disseminate, access and share information on your native language. States will endeavor to ensure that persons belonging to national minorities, whether or not required to learn an official language or official languages of the State concerned, have adequate facilities for teaching their mother tongue or in their mother tongue and, where possible and necessary, for its use in public administration, in accordance with applicable national legislation.

Parties to the European Charter for Regional or Minority Languages ​​undertake to eliminate, if they have not already done so, any unjustified distinctions, exceptions, restrictions or concessions relating to the use of a regional or minority language and intended to inhibit or jeopardize its maintenance or development. At the same time, the parties agreed that the adoption of special measures in relation to regional languages or minority languages ​​in order to promote equality between users of those languages ​​and the rest of the population, or which take due account of their particularities, is not considered to discriminate against users of more commonly spoken languages. States undertake to promote, through the adoption of appropriate measures, mutual understanding between language groups countries, in particular, to include respect, understanding and tolerance for regional or minority languages ​​among the objectives of education and training in their countries and to encourage the media to achieve the same goal.

These issues are also regulated in the constitutions of foreign countries. Thus, the Spanish Constitution establishes that “the wealth of languages ​​and the diversity of dialects of Spain is part of its cultural heritage and enjoys special respect and protection" from the state (clause 3 of article 3). The Swiss Constitution requires taking into account the cultural and linguistic diversity of the country (clause 3 of article 69) and encouraging mutual understanding and exchange between linguistic communities (clause 3 of art. 70).

The language problem is very relevant for a number of states. Thus, in New Zealand in 1987, the Maori Language Act was adopted, which gave it the status of a second state language. In 1993, the UK passed the Welsh Language Act, which regulates its use in Wales. The 2005 Spanish Law on the Extension of the Autonomy of Catalonia includes measures to protect the Aranese language used by the inhabitants of the Arana Valley. These acts significantly eased the tension in interethnic relations and undoubtedly strengthened state power generally.

The Law on the Languages ​​of the Peoples of the Russian Federation is aimed at creating conditions for the preservation and equal and original development of the languages ​​of the peoples inhabiting the Russian Federation, which proclaims and guarantees equal rights and means of protecting languages ​​(social, economic, legal), provides for the development and financing of relevant federal and regional targeted programs, the opportunity to create your own written language, the creation of conditions for education, learning and creativity in your native language, circulation in it in government bodies, participation in court, etc. (see commentary to Part 2 of Article 26). Regulate the rights of citizens to use their native language and others legislative acts, primarily such as: the Education Law, which determines the conditions for receiving education in the native language; Fundamentals of the legislation of the Russian Federation on culture, relating languages, dialects and dialects to the field of folk culture; establishing the right of national cultural centers, societies and fraternities to create national clubs, studios and libraries for the study of the national language; Civil Procedure Code, Code of Criminal Procedure, Arbitration Procedure Code, regulating the use of the native language in court.

One of the laws that regulates in more detail the mechanisms for citizens to exercise their linguistic rights is the federal law dated June 17, 1996 N 74-FZ “On National-Cultural Autonomy” (as amended on December 1, 2007). In particular, in order to ensure the possibility of obtaining basic general education at national language and choosing the language of education and training, national-cultural autonomies have the rights to: form non-state (public) preschool institutions or groups in such institutions with education in the national (native) language; create non-state (public) educational institutions (general education, primary, secondary and higher vocational education) with instruction in the national (native) language.

In interaction with state and municipal bodies, national-cultural autonomies have the right to: develop with the participation of educational institutions learning programs, publish textbooks, methodological manuals, another educational literature necessary to ensure the right to receive education in the national language; make proposals to executive authorities and local governments on the creation of classes, study groups in educational institutions with instruction in the national language; participate in the development of government educational standards, and sample programs for state and municipal educational institutions with instruction in the national (native) language and other languages; organize training and retraining of teaching and other personnel for non-state (public) educational institutions; conclude agreements with non-governmental organizations outside the Russian Federation on creating conditions for the realization of the right to receive education in the national (native) language and other rights * (763).