The fight for nursery leave for male military servicemen goes on

Konstantin Markin, a military serviceman, was refused nursery leave until the child reaches 3 years of age in 2005. He applied against this to a court but was unable to win the case. The Constitutional Court of the Russian Federation refused to accept the citizen’s complains due to seeing no violations of his constitutional rights in the case.

To the contrary, the European Human Rights Court established in 2012 that the Russian authorities violated the Convention on protection of human rights and basic freedoms concerning that person.

According to the Civil Procedural Code of the Russian Federation, when the EHRC ascertains violations of the Convention committed in the course of consideration of a case by the court, this is a reason to review the enacted court judgment. On this basis, Konstantin Markin went to Russian courts again.

Vladimir Starovoytov, Associate of the Law Firm "YUST", commented on the situation to the journalists of Russia 24 TV Channel why the Russian courts initially did not support the military serviceman’s position and what the perspectives of his case were after the recent adoption by the Constitutional Court of a Resolution upon a request by the Board of the Leningrad Military District Court (see for more details: ).