Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 16, 2017 No. 7-P

On the case of check of constitutionality of provisions of Item 2 parts two of Article 30 and Item of 1 part three of Article 31 of the Code of penal procedure of the Russian Federation, part two of Article 57 and part two of article 59 of the Criminal Code of the Russian Federation in connection with the claim of the citizen V. D. Labusov

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 provisions of Item 2 parts two of Article 30 and Item of 1 part three of article 31 Code of Criminal Procedure of the Russian Federation, part two of Article 57 and part two of article 59 UK of the Russian Federation.

Reason for consideration of the case was the claim of the citizen V. D. Labusov. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation challenged by the applicant of legislative provision.

Having heard the message of the judge-speaker Yu. M. Danilov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 2 parts two of article 30 Code of Criminal Procedure of the Russian Federation the Trial Court according to the petition of the person accused considers as a part of the judge of federal court of the general jurisdiction and board from twelve jury members criminal cases about the crimes specified in Item of 1 part three of article 31 of this Code (except for number of crime components from provided by Articles 131, of 132, of 134, of 212, of 275, of 276, of 278, 279 and 281 UK Russian Federation) which, in turn, establishes cognizance of criminal cases to the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court.

Regulating cognizance of criminal cases to these courts, Item of 1 part three of article 31 Code of Criminal Procedure of the Russian Federation (in edition of the Federal Law of July 23, 2013 No. 217-FZ and taking into account the changes made by the Federal Laws of May 5, 2014 No. 130-FZ and of March 8, 2015 No. 47-FZ) orders them hearing of cases about the crimes specified in this legislative provision, except for criminal cases on which according to the penal statute as the most severe looking penalties cannot be imposed lifelong imprisonment or capital punishment. These types of punishments owing to part two of Article 57 and part two of article 59 UK of the Russian Federation are not appointed to women, and also persons who committed crimes aged up to eighteen years and the men who reached by the time of removal of sentence of sixty-five-year age by court.

1.1. The applicant on this case citizen V. D. Labusov in case of acquaintance upon termination of the preliminary inquiry with the criminal case file on its accusation in crime execution provided by the Items "and", "v" of part two of article 105 UK of the Russian Federation (murder in case of aggravating circumstances), petitioned for consideration of the case in regional court with participation of jury members. Criminal case was directed by the prosecutor to the Rostov regional court for consideration on the merits, however is transferred by the judge's ruling of this court of December 2, 2015 on cognizance to Voroshilovsky district court of the city of Rostov-on-Don.

Making such decision, the judge specified that according to Item of 1 part three of article 31 Code of Criminal Procedure of the Russian Federation to regional court criminal cases about the crimes provided by part two of article 105 UK of the Russian Federation except on what lifelong imprisonment and capital punishment cannot be appointed as the most stiff punishment are jurisdictional; to the men who reached sixty-five-year age, these punishments owing to articles 57 and 59 UK of the Russian Federation are not applied; for a moment receipts of criminal case of V. D. Labusov in court to it sixty seven years were performed, and therefore case is subject to consideration by district court in the place of crime execution.

The sentence of Voroshilovsky district court of the city of Rostov-on-Don of April 6, 2016 which is partially changed by appeal determination of judicial board on criminal cases of the Rostov regional court of May 25, 2016, V. D. Labusov is sentenced on the Item "and" of part two of article 105 UK of the Russian Federation to 12 years 9 months of imprisonment with restriction of freedom for term of one year. On July 22, 2016 the judge of the Rostov regional court refused to the party of protection transfer of the writ of appeal for consideration in judicial session of court of cassation instance.

In the claim in the Constitutional Court of the Russian Federation V. D. Labusov claims that provisions of Item of 1 part three of article 31 Code of Criminal Procedure of the Russian Federation in interrelation with Item 2 parts two of article 30 of this Code, and also part two of Article 57 and part two of article 59 UK of the Russian Federation as the considerations by court excluding opportunity as a part of the judge regional or equal to it on the level of court and board from twelve jury members of criminal case concerning the man who reached sixty five years and accused of crime execution, provided by part two of article 105 UK of the Russian Federation violate the rights guaranteed by Articles 17 (parts 1 and 3), 19, of 47, 55 (part 3) and 123 (part 4) of the Constitution of the Russian Federation.

1.2. As appears from Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", checking according to the claim of the citizen constitutionality of the legislative provisions applied in specific case which consideration is complete in court, and affecting constitutional rights and freedoms to which violation the applicant refers the Constitutional Court of the Russian Federation accepts the resolution only in the subject specified in the claim and only concerning that part of the act which constitutionality is called in question, estimating both literal sense of the considered legislative provisions, and the sense given them by official and other interpretation or the developed law-enforcement practice and also proceeding from their place in system of precepts of law, without being connected in case of decision making by the bases and arguments stated in the claim.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.