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The Constitutional court of Adygeya did not ratify withdrawal from the republican Basic law a rule concerning interdiction of creation of public organizations, whose activities are directed on creation of armed formations, violent change of bases constitutional system, threaten to integrity of the republic and the federal state, undermine their security, allow to create the unforeseen by Constitutions of Adygeya and Russian Federation power structures.

In the same item 4 of clause 9 of the Constitution of Adygeya Republic there is also interdiction on activities of public organizations directed on causing social, national and religious discord.

The State Soviet-Khase of Adygeya requested sanction of the Constitutional court to reconsider the specified rules. The position of the parliament was that the specified attributes of destructive activities are already adjusted by the federal law "About public organizations" and the Civil code of Russian Federation.

That position was supported by the Legal management of the Adygeya president, republican office of public prosecutor and the Ministry of Justice of Russia in the Southern federal district. Those parties remarked that the discussed rule is already cancelled or is in the stage of cancellation in all the subjects of the South of Russia. However the Constitutional court of Adygeya has not satisfied inquiry of the State Soviet-Khase of Adygeya.

As “Caucasian unit” correspondent was explained by the chief of the secretary of the Constitutional court of Adygeya, that verdict was dictated by that "specified in item 4 of clause 9 of the Constitution of Adygeya Republic formulation about the purposes of public associations, which presence makes them unconstitutional, is a precautionary norm of the juridical institute of prevention of creation and activities of public association in the territory of Adygeya Republic".

The bases for the interdiction, as she said, were not separate infringements of the constitutional norms, and public-legal character of activities of public associations. And if in activities of any public organization such infringements are available, they will be judged at the level of physical persons in accordance to the criminal, civil, and administrative legislation.

"Adygeya Republic, - she also notified, - as a democratic lawful state in the structure of Russian Federation has proclaimed and has undertaken the obligation for protection of the rights and freedoms of human and citizen as the maximum value, and its social base is the mutual respect of all the layers of population, citizens of all the nationalities of the republic".

With the purposes of execution of those obligations Adygeya Republic can establish the constitutional institutes on protection of the rights and freedom of human and citizen, one of which is interdiction on creation of public associations in the characteristic of item 4 of clause 9 of the Constitution of Adygeya Republic.

"Present conclusion, - she said in summary, - is sent the Adygeya president, the State Soviet-Khase of Adygeya, and also to the local official printing organs bodies for promulgation".

Let's remind, such modifications to the Basic law of the republic and its legislation as a whole were especially sharply received by the national intelligency in the period since the beginning of 2005 up to middle of 2006, when there was a threat to the status of the republic. Then in that connection the public organizations "Circassian congress", "Adyghe Khase" and others regularly sent protesting letters to various state instances.

NatPress

Опубликовал administrator, 18-07-2007, 19:06. Просмотров: 813
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