On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 14, 2017 No. 21-P

On the case of check of constitutionality of part one of Article 260 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen E. V. Savchenko

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,

with participation of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

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, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of part one of article 260 Code of Criminal Procedure of the Russian Federation in open session.

Reason for consideration of the case was the claim of the citizen E. V. Savchenko. 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 A. I. Boytsova, the explanations of the agent of the party who published and which signed the disputed act, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part one of the article 260 "Notes on the Protocol of Judicial Session" Code of Criminal Procedure of the Russian Federation within three days from the date of acquaintance with the protocol of judicial session of the party can give the note on it.

1.1. Constitutionality of the called legislative provision is disputed by the citizen E. V. Savchenko found guilty of making of crimes by sentence of the Kirov district court of the city of Krasnoyarsk of October 1, 2015.

As appears from the provided materials, after declaration of sentence the chief judge explained to participants of legal proceedings among other term for submission of written notes on the protocol of judicial session, effect of its omission and the right to recovery of the passed term. The state prosecutor on criminal case concerning E. V. Savchenko - the assistant prosecutor of Kirovsky district of the city of Krasnoyarsk was informed of the protocol of judicial session on October 8, 2015 based on the petition which arrived from it.

This criminal case on appeal representation of the prosecutor of Kirovsky district of the city of Krasnoyarsk and petitions for appeal of the party of protection was directed on December 22, 2015 for consideration in appeal procedure to the Krasnoyarsk regional court which meeting was appointed to January 19, 2016 (the judge's ruling of the Krasnoyarsk regional court of December 28, 2015). However on December 29, 2015 to the Kirov district court of the city of Krasnoyarsk the state prosecutor submitted notes on the protocol of judicial session and the petition for recovery of the passed term for their giving in this connection the chairman on criminal case concerning E. V. Savchenko appealed to the Krasnoyarsk regional court with request is declared to return it case for consideration of the brought notes.

The determination of January 19, 2016 which is taken out by judicial board on criminal cases of the Krasnoyarsk regional court taking into account opinion of the parties, including the convict and his defenders who were not objecting during court session of appellate instance to satisfaction of the specified request, criminal case concerning E. V. Savchenko is removed from appeal consideration and returned in Trial Court for elimination of the circumstances interfering such consideration. In turn, the chairman on this criminal case in the Kirov district court of the city of Krasnoyarsk the resolution of February 12, 2016 certified correctness of notes of the state prosecutor on the protocol of judicial session, at the same time the decision on recovery of the term provided by part one of article 260 Code of Criminal Procedure of the Russian Federation for submission of notes was not made.

Refusing transfer of the writs of appeal submitted for the benefit of E. V. Savchenko for consideration in judicial session of court of cassation instance, the judge of the Krasnoyarsk regional court who did not see the bases for cancellation or change of the resolution of February 12, 2016 noted, in particular, that submission due date of notes on the protocol of judicial session is not preclusive and the law does not provide consideration of question of its recovery (the resolution of September 16, 2016).

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