Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 13, 2019 No. 23-P

On the case of check of constitutionality of part three of Article 6.1 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen B. A. Sotnikov

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of part three of article 6.1 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of the citizen B. A. Sotnikov. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker L. O. Krasavchikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part three of article 6.1 Code of Criminal Procedure of the Russian Federation in case of determination of reasonable time of criminal trial which includes the period from the moment of the beginning of implementation of criminal prosecution until the termination of criminal prosecution or removal of conviction such circumstances as legal and actual complexity of criminal case, behavior of participants of criminal trial, sufficiency and efficiency of actions of court, the prosecutor, head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator made for the purpose of timely implementation of criminal prosecution or consideration of criminal case and general duration of criminal trial are considered.

Constitutionality of this legislative provision is disputed by the citizen B. A. Sotnikov to whom by the decision of the Supreme Court of the Komi Republic of August 14, 2018 left without change appeal determination of judicial board on administrative cases of the same court of October 29, 2018 it is refused satisfaction of administrative claims about award of compensation for violation of its right to criminal trial in reasonable time. Recognizing legal proceedings term reasonable, courts recognized that the period from the moment of B. A address. Sotnikov with the statement for crime (on June 5, 2009) and before initiation of legal proceedings about this crime (on November 26, 2015) is not subject to inclusion in time of legal proceedings on this case (despite the decisions on refusal in initiation of legal proceedings which were repeatedly accepted during this period) as the conviction became result of criminal prosecution on this case, and therefore duration of legal proceedings should be estimated from the date of B. A. Sotnikov's recognition by the victim (the same day when this case is initiated) and till day of the introduction in legal force of sentence, i.e. not 8 years 9 months and 9 days as the administrative claimant specified, and 2 years 3 months and 16 days from which pretrial investigation - 9 months and 6 days.

According to B. A. Sotnikov, the disputed regulation - taking into account its interpretation in court practice - does not correspond to the Constitution of the Russian Federation, its Articles 2, of 18, of 19, of 45, of 46, 52 and 53, as allows not to include in case of determination of reasonable time of criminal trial in it the period from the date of submission by person of the statement for crime and until initiation of legal proceedings about this crime and recognitions of such person as appropriate by the victim on this case which came to the end further with conviction.

Thus, taking into account requirements of Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" the part three of article 6.1 Code of Criminal Procedure of the Russian Federation is subject of consideration of the Constitutional Court of the Russian Federation of this case in that measure in what it forms the basis for the solution of question of the determination of duration of reasonable time of criminal trial regarding establishment of the moment of the beginning of its calculation for person recognized as the victim on criminal case according to the procedure provided by the criminal procedure law in cases when production on this criminal case came to the end with the resolution of conviction.

2. The constitution of the Russian Federation, proclaiming the person, its rights and freedom the supreme value, assigns obligation to Russia as the democratic constitutional state to recognize, observe and protect rights and freedoms of man and citizen, to protect advantage of the personality, honor and reputation of everyone and for this purpose guarantees everyone judicial protection of its rights and freedoms, and also opportunity to appeal in court of the decision and action (failure to act) of public authorities and officials (Article 1, part 1; Article 2; Article 21, part 1; Article 23, part 1; Article 46, parts 1 and 2).

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