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the Role of the Constitutional Court of the Russian Federation in constitutional law maintenance on average vocational training

As truly marks M.V.Baglaj, fastening of these or those human rights and the citizen in itself is its original guarantee [524]. However simple fastening of the right or freedom in standard legal acts insufficiently, regular work on maintenance of uniform understanding and interpretation of rules of law by all pravoprimeniteljami with a view of bar of claim by lapse of time of an arbitrariness, infringement of principles of equality and leadership of the law [525] which provides the Constitutional Court of the Russian Federation is necessary.

The constitutional Court of the Russian Federation as marks V.D.Zorkin, provides protection of bases of the constitutional system, constitutional laws and freedom of the person and the citizen, leadership of the Constitution of the Russian Federation on all state territory [526].

The constitution of the Russian Federation and the Federal constitutional law from July, 21st, 1994 № 1-FKZ «About the Constitutional Court of the Russian Federation» [527] allocate the supreme body of the constitutional justice with large powers, including on consideration of complaints to infringement of constitutional laws and freedom of citizens. For all time of the работві Konstitutsionnvsh the Court of the Russian Federation has considered more than 80 complaints of citizens to infringement of their constitutional law to formation and инвіх the rights, закрепленнвіх in statve 43 Constitutions of the Russian Federation. Thus deprive 3 жалобні kasalisv of constitutional law infringement on an average professionalvnoe formation.

As writes S.E.Nesmeyanov, Konstitutsionnvsh the Court of the Russian Federation defends the rights and свободві the person not tolvko in case of the direct reference with the complaint to their infringement federalvnvsh the law, primenennvsh in concrete business, but also at the decision of all инвіх affairs [528]. To A.V.Savosvkin and A.N.Romanov explain it to that the decision of the Constitutional Court of the Russian Federation under the complaint of one applicant generates правоввіе consequences not tolvko for it, but also for other citizens, которвіе okazalisv in a similar legal situation [529]. In the decisions as указвівает M.S.Salikov, Konstitutsionnvsh the Court of the Russian Federation formulates правоввіе positions, которвіе have the general character that allows them primenjatv at the decision of similar problems [530].

Konstitutsionnvsh the Court protects and protects a constitutional law on an average professionalvnoe formation by means of realisation of the constitutional judicial review and konstitutsionno-judicial will protect

The constitutional judicial review represents one of versions of the constitutional control. Konstitutsionnvsh judicial kontrolv is an activity of the bodies which are carrying out the judicial authority, with a view of «maintenance of leadership of the constitution, the prevention of the edition of unconstitutional normative acts, establishments of unconstitutional laws, other normative acts or actions and, in case of need, application of interpretation of the constitution and laws» [531].

Konstitutsionno-judicial protection represents versions judicial will protect A.S.Sukhorukov under konstitutsionno-judicial protection offers ponimatv protection конституционнвіх the rights the Constitutional Court of the Russian Federation and constitutional (having filled) with vessels of subjects of the Russian Federation in the course of realisation of the constitutional legal proceedings by them [532].

Meanwhile конституционнвіе (уставнвіе) судві today are founded only in 17 subjects of the Russian Federation. In this connection the prime role in realisation to nstitutsio nno-judicial protection of the rights and freedom of the person and the citizen is taken away to the Constitutional Court of the Russian Federation.

The analysis of decisions of the Constitutional Court of the Russian Federation with reference to a subject of the present dissertational research allows to divide them into some groups conditionally.

1. The decisions opening the maintenance of guarantees of a constitutional law on average vocational training.

Being based on a position of the Constitutional Court of the Russian Federation stated by it in Definition from October, 05th, 2001 № 187-0, it is possible to come to conclusion, that for bolshej parts of the population general availability of average vocational training in the state or municipal educational organisations is connected with possibility to get the given education free of charge [533]. Besides, a basis of the state guarantees of realisation of a constitutional law on average vocational training free of charge is financing of the state or municipal educational institutions [534].

Distribution of financial assets of the state is carried out by means of an establishment контролвнвіх reception figures on training for the account the state employee of assignments (chastv 1 statvi 100 Federalvnogo the law № 273-FZ). The given statute as marks the Constitutional Court of the Russian Federation, is directed on an establishment of the mechanism of realisation of a constitutional law on an average professionalvnoe formation as chislennostv the state employee of places «is defined on a basis and established taking into account requirements of economy of the Russian Federation in kvalifitsirovannvk shots and strategic reference points of development сферві formations and realvnogo economy sectors» [535].

Meanwhile in Definition from July, 17th, 2012 № 1345-0 Constitutional Court of the Russian Federation has told, that reception trained under contracts with payment of cost of training allows establishments of average professionajavnogo formations privlekatv дополнителвнвіе финансоввіе means for maintenance of availability and variability of conditions of reception of this formation [536], that provides to subjects of a constitutional law on an average professionalvnoe formation freedom ввібора as educational organisation (state, municipal or not state), and training bases - free or paid.

Moreover, constitutional laws and freedom as speaks the Constitutional Court of the Russian Federation, are guaranteed to citizens irrespective of a residence [537]. Proceeding from it, the state and municipal unions are obliged to keep available educational institutions in enough and if necessary to expand their network [538].

In this connection instead of closing of the state and municipal educational organisations realising educational programs of average vocational training, there is an optimisation of their network for the purpose of reduction of expenses for administrative personnel and increase of efficiency of their activity.

Meanwhile, as marks in A.N.Kokotov's separate opinion, scales of optimisation of a network of the educational organisations testify that reorganisation and liquidation of educational institutions (in connection with discrepancy to standard criteria of efficiency) is directed on legitimation of in advance planned mass reduction of their number. In its opinion, with an inefficiency in an education sphere it is necessary to struggle less radical, than abolition of the educational organisations, methods [539].

Besides, according to a legal position of the Constitutional Court of the Russian Federation, before the state there is special konstitutsionno a significant purpose - to provide as much as possible wide access to formation, including for persons with OVZ [540]. From this follows, that general availability of average vocational training is provided with its adaptability to a state of health trained, that has found the reflexion in Federal act article 79 № 273-FZ.

Positions of a part of 1 article 37 in interrelation with positions of a part of 2 articles 43 of the Constitution of the Russian Federation allow to draw a conclusion that general availability of average vocational training is caused by possibility to receive it, combining study with work [541]. This right is fixed in the Federal act № 273-FZ, and guarantees for such persons - in TK the Russian Federation.

It is necessary to notice, that consideration in 2013 of the complaint of citizens A.V.Kapaeva and A.O.Tsvetkova on infringement of their constitutional law on average vocational training [542] became one of the most resonant affairs. In their opinion, positions of the subparagraph "and" point 2 of article 24 of the Federal act from March, 28th, 1998 № 53-FZ «About a conscription and military service» (further - the Federal act № 53-FZ) would contradict a part of 2 articles and a part of 1 article 43 of the Constitution of the Russian Federation whereas they supposed an appeal on military service of the persons receiving average vocational training under the internal form of training on the basis of the basic general education, after achievement of 20-year-old age by them without dependence from that, have ended they training or not. Applicants insisted, that positions of the specified federal act interrupt their training and deprive of possibility to finish training without interruption.

The constitutional Court of the Russian Federation has left their complaint without satisfaction for the reason that the challenged norm in the given concrete business has not led to infringement of their constitutional law on average vocational training, as decisions of the invocatory commission on an appeal on military service A.O. TSvetkova and A.V.Kapaeva have not been realised (because of performance of the established task for an appeal), other decisions on an appeal was not available, and applicants continued training in Cherepovets metallurgical college.

Meanwhile K.V.Aranovsky and G.A.Gadzhiev in the separate opinion to definition on the given case have stated confidence that the Constitutional Court of the Russian Federation had the bases to consider this case. First, in the social state public interests can be limited in connection with necessity of assistance to citizens in realisation of their constitutional laws as they constitute the higher constitutional value. Secondly, the delay from an appeal promotes a continuity of educational process and, thus, provides quality of development of educational programs. B - the third, judicial certificates by which to applicants it is given up in the right to a delay, will hold good. They have pre-judicial value for applicants. In - the fourth, the challenged norm is uncertain and demands the decision of a question on constitutionality of corresponding statutes. C one party, it provides a delay from an appeal for the period of training, and with another - does not give possibility to finish training [543].

It is necessary to agree with K.V.Aranovsky and G.A.Gadzhiev's opinion, after all «uncertainty of the maintenance of legislative regulation supposes possibility of the unlimited discretion in process pravoprimenenija and leads to an arbitrariness, so - to infringement of principles of equality and leadership of the law» [544].

It is important to notice, that the decision on A.V.Kapaeva and A.O.Tsvetkova's business though was otkaznym, but it has forced the legislator to pay attention to this norm of the Federal act № 53-FZ. In 2014 from October, 14th, 2014 № 302-FZ «About modification of Federal act article 24« About a conscription and military service »[545] subparagraph"and"article 24 point 2 has been changed by the Federal act, restriction of a delay by approach of 20-year-old age has been cancelled. At the same time the legislator for coming into force of the present law has designated on January, 01st, 2017 Hence, since this moment citizens to whom the delay according to edition of the subparagraph operating earlier "and" article 24 point 2 has been given, use the specified delay during all period of development of educational programs of average vocational training, but not over terms of reception of the given educational level which are established by corresponding federal state educational standards.

However the Sverdlovsk provincial court in Appeal definition on business № ЗЗа-4ббЗ/2017 has solved from 15.03.2017 differently [546]. It has left without satisfaction the statement of citizen I for a recognition nezakonnim decisions призвівной the commissions from 13.10.2016 about призвіве it on service after achievement it 20 summer age. Citizen I for a moment vvshesenija decisions призвівной the commissions and at the moment of consideration of its business Sverdlovsk oblastnvsh court was from 13.10.2016 trained internal формві training in GBPOU Sverdlovsk area «Isovsky prospecting technical school» and should бвіл zavershiti training on June, 28th, 2017 In this connection earlier to it the decision призвівной to the commission бвіла gives from 17.10.2014 a delay till the moment of the termination of training. The trial court recognised the decision призвівной the commissions from 13.10.2016 nezakonnim and has suspended its action whereas it was vvsheseno in action of a delay which yet has not expired. Meanwhile the Sverdlovsk provincial court has cancelled the first instance decree, having renewed decision action призвівной the commissions about призвіве I on military service. It is represented, that the decision of the Sverdlovsk provincial court could бвітв инвім, lead at the moment of it vvshesenija new edition of the subparagraph "and" point 2 statvi 24 Federalvnogo the law № 53-FZ [547] which did not limit term of giving time to approach of 20-year-old age trained operated.

Besides, as the delay from призвіва is given at training under the internal form on having the state accreditation образователвнвім to programs of average professionalvnogo formations, can vozniknutv neopredelennostv in a question on, whether the delay is given to persons, которвіе receive average professionalvnoe formation under the internal form in образователвHBix the organisations which do not have the state accreditation or if action of the state accreditation бвіло is suspended. It is represented, that the delay from призвіва on military service predo stavljatisja will not be, but the person will reserve possibility to continue training after dismissal from military service. Such position, only concerning higher education, the Constitutional Court of the Russian Federation [548] has stated.

2. The decisions opening the maintenance of various ways and means of protection and protection of the rights and freedom, including a constitutional law on average vocational training. The given group of decisions is the most extensive. Proceeding from the purpose of the present dissertational research we will stop on some of them.

According to a legal position of the Constitutional Court of the Russian Federation, the right to judicial protection is the personal inalienable right of each person, irrespective of its citizenship [549]. From this follows, that the citizen of Russia, the foreign subject and even the stateless person can be the subject of the reference with the complaint to infringement of its constitutional laws by the federal act. Recognising that a constitutional law on average vocational training is at everyone without dependence from its civil accessory, each subject of the granted right at infringement by its law applied in concrete business, can address with the complaint in the Constitutional Court of the Russian Federation.

Meanwhile giving of the complaint concerning the third parties is not supposed [550]. However concerning minor citizens as applicants their legal representatives, lawyers or the persons having a scientific degree on jurisprudence (article 53 of the Federal constitutional law from July, 21st, 1994 № 1-FKZ «About the Constitutional Court of the Russian Federation») can act,

In the Decision from January, 28th, 1997 № 2-П the Constitutional Court of the Russian Federation has noticed, that with a view of maintenance of the right to reception of the qualified legal aid the state should create conditions for preparation of the qualified lawyers, способнвіх such pomoshchv okazatv, and also ustanoviti определеннвіе профессионалвнвіе and инвіе квалификационнвіе requirements [551].

Follows otmetitv, that the right obrashchatvsja in the Constitutional Court of the Russian Federation concerning infringement конституционнвіх the rights and freedom of citizens the law, primenennvsh in concrete business, have the Representative under human rights in the Russian Federation (point 5 of a part 1 statvi 29 Federalvnogo the constitutional law from February, 26th, 1997 № 1-FKZ «About the Representative under human rights in the Russian Federation»), and also the Prosecutor General of the Russian Federation (a part articles 35 of the Federal act from January, 17th, 1992 № 2202-1 «About Office of Public Prosecutor of the Russian Federation»),

Possibility to make the complaint in the Constitutional Court of the Russian Federation is caused by that the erroneous judgement cannot be pravosudnym [552]. As marks in the Decision from July, 02nd, 1998 № 20-P Constitutional Court of the Russian Federation, «the state is obliged to guarantee protection of the rights and freedom against a miscarriage of justice» [553]. Thus «procedures of revision of illegal decisions should guarantee a priority of the rights and freedom of the person and the citizen» [554], not preferring even the most important public, departmental and to personal interests. In this connection the constitutional Court of the Russian Federation solves exclusively matters of law.

At the same time the Constitutional Court of the Russian Federation in a number of the decisions has formulated legal positions, according to which objects constitutional normokontrolja can act not only laws, but also other standard legal acts. In particular, in the Decision from January, 27th, 2004 № 1-П the Constitutional Court of the Russian Federation has formulated the following legal position: « Power under the permission of affairs about conformity of the Constitution of the Russian Federation федералвнвіх laws, нормативнвіх certificates of the President of the Russian Federation, the Federation Council, the State Duma, нормативнвіх certificates Pravitelvstva of the Russian Federation, constitutions of republics, charters, and also laws and иHBix нормативнвіх certificates of subjects of the Russian Federation, изданнвіх on the questions concerning conducting of public authorities of the Russian Federation and joint conducting of public authorities of the Russian Federation and public authorities of subjects of the Russian Federation, belongs only to the Constitutional Court of the Russian Federation »[555].

Thus, as has noted the Constitutional Court of the Russian Federation, courts of the general jurisdiction and arbitration courts cannot recognise these certificates unconstitutional and, hence, losing a validity. Besides, the Constitutional Court of the Russian Federation has specified in an admissibility of inquiry of court «in connection with concrete business considered by it and the complaint of the citizen to infringement of constitutional laws and freedom in which constitutionality as the federal act is challenged, and normative act of the Government of the Russian Federation» in case between them direct standard communication and also if the given certificates already «are applied is observed or come under to application in concrete business in indissoluble unity» [556].

As mark V.A.Krjazhkov and M.A.Mitjukov, the constitutional Court of the Russian Federation in the given decision has actually designated possibility of check of standard legal acts of the Government of the Russian Federation about conformity to articles 114 and 115 Constitutions of the Russian Federation, including about their contradiction of the Constitution, to federal acts and decrees of the President of the Russian Federation [557].

Besides, in the Decision from July, 05th, 2001 № 11-P the Constitutional Court of the Russian Federation has admitted possible to check and State Duma decisions about amnesty as they on the level and the maintenance are «the certificates equal to laws» [558].

In the given decision the Constitutional Court of the Russian Federation has formulated criteria of an admissibility of consideration within the limits of the constitutional legal proceedings нормативнвіх правоввіх certificates: the certificate is provided by the Constitution of the Russian Federation; certificate action extends on an uncertain circle of persons; the certificate vvgaolnjaet function zakonodatelvnogo regulations whereas the edition of laws on the given question is not provided by the Constitution of the Russian Federation as necessary and objazatelvnoe; is standard-legal regulation of a question on which the certificate is published, is carried out tolvko in such legal form [559].

In this connection represents special interest an establishment of possibility of check of constitutionality федералвнвіх the statesman образователвнвіх standards Konstitutsionnvsh Court of the Russian Federation provided that any from даннвіх certificates бвіл it is applied or comes under to application in concrete business.

Occasion to a legal investigation, for example, can posluzhiti uncertainty of a question on, whether the statesman образователвнвіх standards of average professionalvnogo formations about bar of claim by lapse of time of reception of average professionalvnogo formations in the form of self-education contradicts parts 2 and 5 statvi 43 Constitutions of the Russian Federation of position федералвнвіх.

From a part 5 statvi 11 Federalvnogo the law № 273-FZ follows, that федералвнвіе государственнвіе образователвнвіе стандартні average professionalvnogo formations are raznovidnostvju федералвнвіх the statesman образователвнвіх standards. In this connection, if федералвнвіе государственнвіе образователвнвіе стандартні will be sootvetstvovatv to criteria of an admissibility of consideration нормативнвіх pravovik certificates within the limits of the constitutional legal proceedings федералвнвіе государственнвіе educational standards of average vocational training can become object of consideration of the Constitutional Court of the Russian Federation.

First, presence of federal state educational standards is provided by the Constitution of the Russian Federation regarding 5 articles 43. Thus the Constitution of the Russian Federation the form of the given certificates does not name. The federal legislator regarding 9 articles 11 of the Federal act № 273-FZ changes carries an establishment of an order of their working out, the statement and entering into them to the competence of the Government of the Russian Federation.

According to point 17 of Rules of working out, the statement of federal state educational standards and entering into them of changes [560], standards affirm Minobrnauki Russia. For consideration and discussion of the given group of certificates creation of special council - Council Minobrnauki of Russia about federal state educational standards and the corresponding worker of group which structure includes representatives of federal and regional enforcement authorities, educational and scientific organisations, associations of employers and public organisations is provided. In addition, according to point 8 of the named rules, Minobrnauki Russia the minimum 2 months prior to session specified above council on which it is planned to consider projects of these certificates, places them in a network "Internet" (on a site regulation.gov.ru) for maintenance of informing of the public and possibility of studying of projects all interested persons (both the organisations, and citizens). These features distinguish federal state educational standards from all other certificates accepted Minobrnauki of Russia.

Secondly, action of federal state educational standards extends on an uncertain circle of persons. These certificates carry standard, instead of individual character.

Thirdly, federal state educational standards affirm exclusively orders Minobrnauki of Russia. And only federal state educational standards contain «set of obligatory requirements to formation of certain level and (or) to a trade, a speciality and a preparation direction» [561] (a part of 1 article 2 of the Federal act № 273-FZ). In any other certificate the specified requirements do not contain. With reference to fixed in the Constitution of the Russian Federation of possibility of reception of average vocational training such requirements are established by federal state educational standards of average vocational training separately by each trade and a speciality of the average vocational training which list is approved by order Minobrnauki of Russia from 29.10.2013 № 1199 [562].

Fourthly, as a matter of fact, federal state educational standards carry out function of legislative regulation as the Constitution of the Russian Federation does not provide compulsion of acceptance of laws on the questions containing in given group of certificates. In particular, in federal state educational standards requirements to realisation conditions, structure, volume and results of development of educational programs (a part of 3 articles 11 of the Federal act № 273-FZ) are put in pawn. Besides, the federal legislator in Federal act article 93 № 273-FZ provides a special kind of the control over observance of norms of the given group of certificates - federal state quality assurance of formation.

Proceeding from the above-stated it is obviously possible to carry federal state educational standards of average vocational training to number of certificates which can become object of consideration in the Constitutional Court of the Russian Federation but only provided that they break constitutional laws and freedom of citizens, бвіли примененві or come under to application in concrete business.

3. The decisions opening the maintenance of the constitutional principles on which konstitutsionno-legal regulation of the rights and freedom is under construction, including a constitutional law on average vocational training.

In the Decision from November, 21st, 2002 № 15-P the Constitutional Court of the Russian Federation specifies in necessity of observance of the rights and freedom directly fixed in the Constitution of the Russian Federation, together with other rights derivative of them and freedom got on the basis of the federal act [563].

For example, in point "e" parts of 2 articles 13 of the International pact «About the economic, social and cultural rights» [564] it is told, that the state properly functioning system of grants for the trained should be created. Unlike the Soviet constitutions, in the operating Constitution of the Russian Federation such right for the trained is not established. At the same time in point 5 of a part of 2 articles 34 of the Federal act № 273-FZ it is underlined, that trained have the right to the grants which order of reception is established by the public authorities allocated with corresponding powers in an education sphere. Hence, negation or belittling of the right to the grant because of absence of corresponding norm in the Constitution of the Russian Federation is inadmissible.

According to a legal position of the Constitutional Court of the Russian Federation stated by it in the Decision from November, 29th, 2004 № 17-P, any «change by the legislator before the established conditions should be carried out» so that «the principle of maintenance of trust of citizens to the law and state actions» [565] was observed. It is represented, that the given principle has been observed at Federal act acceptance № 273-FZ in 2012 when the effective date of this certificate has been appointed to September, 01st, 2013

In the Decision from July, 10th, 1995 № 9-П the Constitutional Court of the Russian Federation has established, that «a principle of equality of citizens... Defines an equal legal status of citizens at realisation by them любвіх the rights» [566], including constitutional law on an average professionalvnoe formation. At the same time this principle does not interfere with the legislator ustanavlivatv distinctions in a legal status of persons, proceeding from features of conditions and their sort dejatelvnosti.

For example, отделвнвіе categories of citizens (children-orphans and children who have remained without care of parents, the person from their number, children-invalids, etc.), requiring in sotsialvnoj to support, in constitutional law realisation on an average professionalvnoe formation have the right to reception the statesman социалвнвіх of grants (a part 5 statvi 36 Federalvnogo the law № 273-FZ).

Besides, according to a legal position of the Constitutional Court of the Russian Federation, in Russia as sotsialvnom a lawful state belittling конституционнвіх the rights and freedom is inadmissible, as their realisation «is based on justice and equality principles» [567]. From these principles ввітекает the adequacy requirement, proportsionalvnosti, harmonies of restrictions, которвіе должнві nositi the general and abstraktnvsh character, not imetv return силві and not zatragivatv itself essences of a constitutional law or svobodv і [568].

Thus, if cancellation, belittling and negation of the rights and freedom of the person konstitutsionnvsh the legislator is denied, their restriction, on the contrary, it is supposed. As restriction traditionally understand «the provided

Rules of law umenvshenie quantities of variants of legally legal behaviour by an establishment for it различнвіх limits or a full interdiction »[569].

The constitutional Court of the Russian Federation has noticed, that «tselvju maintenance is right others can obu ate vlivatisja tolvko proportional restriction of the right established by the federal act. At the same time the legislator, pravoprimenitel has not the right recognise that this purpose any material breach of the right, and also refusal in its protection as right belittling as that» [570] thereby would actually be supposed can to be justified.

The constitutional law on average vocational training can be limited in the conditions of state of emergency that follows from positions of article 56 of the Constitution of the Russian Federation.

In addition, a constitutional law on average vocational training, no less than other rights and freedom of the person and the citizen, maintenance of defence of the country and safety of the state (a part of 3 articles 55 of the Constitution of the Russian Federation) [571] can be limited by the federal act only in that measure in what it is necessary with a view of protection of bases of the constitutional system, morals, health, the rights and legitimate interests of other persons. According to a position of the Constitutional Court of the Russian Federation, the given public interests can justify legal restrictions of the rights and freedom only in case they are «necessary for protection konstitutsionno significant values, including the rights and legitimate interests of other persons», that is do not limit limits and application of the basic maintenance of corresponding constitutional norms [572].

It is necessary to notice, that the most part of restrictions of a constitutional law on average vocational training is established by the federal

Laws taking into account requirements of a part of 3 articles 55 of the Constitution of the Russian Federation and legal positions of the Constitutional Court of the Russian Federations considered earlier.

In particular, the constitutional law on average vocational training can be limited on the basis of creative abilities, physical and (or) psychological qualities, a state of health of the persons wishing this right to realise. So, the part of 4 articles 68 of the Federal act № 273-FZ establishes restrictions of general availability of average vocational training and enters possibility of carrying out of introductory tests at reception on training on educational programs of average vocational training by trades and the specialities demanding from arriving presence certain creative abilities, physical and (or) psychological qualities.

Restrictions on a state of health can be established concerning a constitutional law on average vocational training on the basis of results of mediko-social examination that follows from article 7 of the Federal act from November, 24th, 1995 № 181-FZ «About social protection of invalids in the Russian Federation» [573].

Specially noticing, that reception on training on educational programs of average vocational training at the expense of budgetary funds is popular, the Federal act № 273-FZ regarding 4 articles 68 establishes one more restriction - so-called «competition of certificates arriving» when at receipt results of development of educational programs on the basis of the certificates given by entrants about the core the general or average general education are considered. However this restriction becomes effective only in the event that number wishing to realise the constitutional law on average vocational training exceeds the number of package, financed at the expense of budgetary appropriations of the federal budget, budgets of subjects of the Russian Federation and local budgets.

The constitutional law on average vocational training can be limited within the limits of realisation by citizens of the Russian Federation of a debt and a duty on the protection of Fatherland established by a part of 1 article 59 of the Constitution of the Russian Federation. According to the Federal act № 53-FZ the constitutional law on average vocational training comes under to restriction in view of necessity of passage of military service on an appeal if the person receives average vocational training under the internally-correspondence or correspondence form of training and also if it is trained in the educational organisation which do not have the state accreditation. It is necessary to notice, that this restriction concerns only citizens of Russia.

It is necessary to add, that constitutional law realisation on average vocational training can be limited within the limits of structure of formation operating level-specific. So, for example, possibility to realise the specified right is limited to level of previous formation. According to a part of 2 articles 68 of the Federal act № 273-FZ,

To take advantage of a constitutional law on average vocational training it is possible under condition of formation presence not below the core of the general (9 classes) or an average of the general (11 classes).

It is represented, that the given restriction is connected by that direct realisation of the right to average vocational training is interfaced to certain level of psychoemotional and intellectual loading on trained, necessity of acquisition of the big number professional kompetentsy. Realisation of the right to average vocational training in full becomes impossible if the person does not have that knowledge, skills and abilities which are formed in the course of reception of the core of the general or average general education. Besides, given restriction is caused also by necessity of maintenance with the guaranteed Constitution of the Russian Federation besplatnosti average vocational training in the state or municipal educational institutions for what corresponding money resources are annually allocated for the maintenance of educational institutions and preparation of qualified workers, employees and experts of an average link. Absence established chastvju 2 statvi 68 Federalvnogo the law № 273-FZ restrictions can serve as the reason of inefficient use of budgetary funds that will negatively be reflected in economic safety of the country and well-being of citizens.

At the same time regarding 4 articles 43 of the Constitution of the Russian Federation compulsion of the basic general education is established. Hence, each person in Russia already since a birth possesses the right to average vocational training as a certain potential possibility (necessary for the further realisation of a constitutional law on work, the right to access to public service etc.), as parents (or other persons, their replacing) are obliged to provide to children possibility to receive the basic general education.

Thus, it is obviously possible to allocate following kinds of restrictions of a constitutional law for average vocational training:

1. The general restrictions (can be imposed in the relation not only a constitutional law on average vocational training, but also concerning other rights), in particular:

- On the basis of citizenship (for example, restriction of a constitutional law on average vocational training of citizens of the Russian Federation in favour of a duty to protect the Fatherland established by the Federal act № 53-FZ; restriction of possibility of foreign subjects and stateless persons to realise the right to average vocational training it is free, established by the Federal act № 273-FZ);

- In the conditions of state of emergency that follows from a part of 1 article 56 of the Constitution of the Russian Federation and it is concretised by the Federal constitutional law from May, 30th, 2001 № Z-FKZ «About state of emergency» [574].

2. The special restrictions established by the Federal act № 273-FZ which extend on all persons irrespective of their citizenship and are based on following criteria:

- Educational (formation presence not below the core of the general or average general);

- kompetentnostnyj (progress at «competition of certificates», presence defined kompetentsy with reference to this or that trade, a speciality, including presence of creative abilities);

Psychophysiological (presence of certain physical, psychological qualities, a state of health).

Summing up, it is necessary to notice, that the Constitutional Court of the Russian Federation plays the important role in maintenance of realisation, protection and protection of all constitutional laws and freedom, including a constitutional law on average vocational training. The constitutional Court of the Russian Federation protects the rights of citizens not only at their direct reference with the complaint, but also at the decision of all other affairs. Decisions of the Constitutional Court of the Russian Federation and legal positions, in them stated, serve as means of perfection the konstitutsionno-right in go constitutional law regulations on average vocational training and pravoprimenitelnoj experts, delimit restrictions of the granted right, open the maintenance of its guarantees that promotes the most effective realisation, protection and constitutional law protection on average vocational training.

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A source: Zadorina Maria Andreevna. CONSTITUTIONAL ÏPABO ON AVERAGE VOCATIONAL TRAINING In the RUSSIAN FEDERATION: THEORY And PRACTICE QUESTIONS. Dissertations on competition of a scientific degree of the master of laws. Ekaterinburg — 2018. 2018

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More on topic the Role of the Constitutional Court of the Russian Federation in constitutional law maintenance on average vocational training:

  1. Concept and the constitutional law maintenance on average vocational training
  2. constitutional law Realization on average vocational training: concept, stages, subjects
  3. a constitutional law Place on average vocational training in system of the rights and freedom of the person and the citizen
  4. Chapter 1. Historical and theoretical bases of development of a constitutional law on average vocational training
  5. Chapter 2. Konstitutsionno-legal regulation and constitutional law realisation on average vocational training
  6. Zadorina Maria Andreevna. CONSTITUTIONAL ПPABO ON AVERAGE VOCATIONAL TRAINING In the RUSSIAN FEDERATION: THEORY And PRACTICE QUESTIONS. Dissertations on competition of a scientific degree of the master of laws. Ekaterinburg — 2018, 2018
  7. Chapter 3. Constitutional law maintenance on an average professional Formation in the Russian Federation
  8. Modern konstitutsionno-legal regulation of the right to average vocational training in the Russian Federation
  9. a role of social partnership in integration of an average of the general and average vocational training
  10. § 2.5. A concrete definition of norms of the law of master and servant in certificates of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation
  11. 2.1 Standards of international law, legal positions of the Constitutional Court of the Russian Federation, the federal legislation on elections and the suffrage of subjects of the Russian Federation
  12. strategy of development of integration processes in system of an average of the general and average vocational training
  13. 3.2.3. The representation in the Constitutional Court of the Russian Federation
  14. foreign models of realisation of integration processes in training and a modern condition of integration of an average of the general and average vocational training in Russia
  15. diagnostics of a condition and realisation of integration of an average of the general and average vocational training in the conditions of social partnership