Freedom of speech check on conformity to office positionthe Constitutional court (KS) yesterday has considered complaints of the state civil servants dismissed for the public criticism of activity of the heads. Norms of the federal laws, forbidding to take out rubbish from a log hut, applicants consider unconstitutional. And representatives of authorities assert that at receipt on civil service Russians voluntary agree on restriction of a freedom of speech, receiving as indemnification additional social guarantees.
the Constitution guarantees the right to a freedom of speech and distribution of the information to citizens of the Russian Federation independently “ from official position “. To it refer the former militiaman in the beat Alexey Mumolin from Tolyatti and the former tax inspector from Moscow Kondratyev`s Love. Mister Mumolin in November, 2009 has written down and has placed on the Internet the video reference to the head of Ministry of Internal Affairs Rashidu Nurgalievu and human rights organisations under the name “ Divisional Mumolin Alexey - on traces Dymovsky “. At first to it declared reprimands and have deprived of the award. But after it has spent at a building of the mayoralty of Tolyatti single picket with the poster “ the Management of the Department of Internal Affairs wants zamorit us hunger, depriving of monetary surcharges “ the major has been dismissed. Similar consequences has received teleinterview of madam Kondratevoj about its labour dispute with the employer concerning payment of travellers.
without having achieved restoration on work in courts of law, applicants have challenged in KS norm of the law “ About the state civil service “ 2004 about a direct interdiction the state employee on “ public statements, judgements and estimations, including in mass-media, concerning activity of state structures, their heads, including higher body or body decisions in which the civil servant replaces a post if it does not enter into its functions “. Mister Mumolin also protests against the norm of the law accepted in 2008 “ About militia “ according to which above-stated “ restrictions, interdictions and duties “ extend on militiamen.
according to the applicants, the challenged norms have discrimination character as the criticism of the heads admitted by them does not threaten bases of the constitutional system, the rights and legitimate interests of other persons, maintenance of defence and safety of the state with a view of which protection restriction of the rights and freedom is supposed. Kondratyev`s madam also considers that “ the interdiction for criticism of activity of state institutions and their heads derogates from advantage of state employees, actually transforming them into dumb executors of any instructions of the heads “ including wrongful. And mister Mumolin marks uncertainty of the challenged norms as they do not contain accurate instructions, on what activity of the heads the interdiction and what measures of responsibility extends involves its infringement. eks - the militiaman suggests to consider the public statements as usual complaints in the state bodies, which officials under the law are obliged to consider.
the plenipotentiary of the president in KS Michael Krotov insisted yesterday on “ a basic duty of civil servants to be loyal concerning state power bodies “ noticing that subjective, but publicly stated judgement can carry “ pseudo-official “ character and to mislead citizens. Representatives of other supreme bodies of the power have unanimously reminded about “ to specificity “ civil service which provides additional social guarantees the state employee, including for restrictions of the rights imposed on them and freedom. Thus opponents of applicants actively referred to a position of the European court under human rights and committee of ministers of the Council of Europe, according to which state employee “ is obliged to be loyal concerning national, local or regional authority “ and “ to restrain “ in the public displays.
nevertheless the plenipotentiary of the government in KS Michael Barshchevsky has declared yesterday that disputable norms need revealing konstitutsionno - the legal sense excluding their any application. And the State Office of Public Prosecutor has confirmed that “ from the maintenance of challenged norm it is not obviously possible to draw a conclusion “ about the form and character of statements on which the interdiction is imposed, having reminded that the law should be clear, exact and unambiguous.
it is remarkable that in most KS recently too there were the conflicts connected with public statements of judges. Recently after criticism of presidential bills the post was voluntary left by adviser KS Vladimir Ovchinsky to whom chairman KS Valery Zorkin has specified in inadmissibility “ large-scale performances “ causing “ negative perception not only at judges KS the Russian Federation, but also in other courts, and also in state power bodies, including in Presidential Administration “. Now KS it is necessary to pass the decision concerning constitutionality of such behaviour.