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 of the second Article 30 and Item of 1 part of the third Article 31 of the Code of penal procedure of the Russian Federation, the part of the second Article 57 and the part of the second 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) of the Constitution of the Russian Federation, Item of the 3rd part one, parts of the third and fourth Article 3, part one of Article 21, articles 36, 47.1, 74, 86, 96, 97 and 99 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation",

considered in the meeting without carrying out hearing case on check of constitutionality of provisions of Item 2 parts of the second Article 30 and Item of 1 part of the third article 31 Code of Criminal Procedure of the Russian Federation, the part of the second Article 57 and the part of the second 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 the 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 of the second 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 of the third article 31 of this Code (except for the number of crime components from provided by articles 131, 132, 134, 212, 275, 276, 278, 279 and 281 UK of the 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 of the third 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 the part of the second Article 57 and the part of the second article 59 UK of the Russian Federation are not appointed to women, and also the persons which committed crimes aged up to eighteen years and the men who reached by the time of removal of the 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 the part of the second 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.

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