of June 13, 2017 No. 21
About application of measures of procedural coercion by courts by consideration of administrative cases
For the purpose of ensuring unity of practice of application by courts of law of measures of procedural coercion by consideration of administrative cases the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:
1. Court, keeping independence, objectivity and impartiality, shall perform management legal procedure providing the correct, timely consideration and permission of administrative cases and as a result of it is protection of the violated or disputed rights, freedoms, legitimate interests, strengthening of legality and the prevention of violations in the field of administrative and other public legal relationship (Article 3, part 2 of article 14 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation, the Code).
In case of non-execution by participants of legal procedure and other persons of procedural obligations (abuse of procedural law) for implementation of proper management of legal procedure application of measures of procedural coercion - the actions made by court concerning the persons violating the rules established in court and interfering implementation of administrative legal proceedings (article 116 KAS Russian Federation) can be required.
At the same time it is necessary to understand non-execution of the procedural obligations provided by KAS of the Russian Federation and (or) assigned by court to certain person according to Code provisions as violation of the rules established in court (for example, obligations honesty to have procedural law, to be in judicial session, to produce the evidence).
Proceeding from the principle of legality and justice by consideration and permission of administrative cases, stipulated in Article 9 KAC the Russian Federation, measures of procedural coercion shall meet the requirements of proportionality to the allowed violation, be applied taking into account all set of circumstances of committed violation and procedural provision of the participant of process.
2. Persons, including the citizens who are present at courtroom, but not being persons participating in case, not performing the legal order of the judge connected with consideration and permission of specific administrative case about the termination of the actions violating the rules established in court are not subject to administrative prosecution based on part 1 of article 17.3 of the Russian Federation Code of Administrative Offences as responsibility for making of the corresponding actions (failure to act) is established by special regulations of Chapter 11 of KAS Russian Federation.
3. The measure of procedural coercion can be applied to person participating in case, to his representative, the other person appearing in court on behalf of person participating in case (for example, to the official - the head of public authority), to person promoting justice implementation, the citizen who is present at courtroom, to person to who the procedural law or court based on the procedural law assigns certain procedural obligation.
As according to part 2 of article 117 KAS Russian Federation one violation can form the basis for application of only one measure of procedural coercion, application of measures of procedural coercion for one violation both is not allowed to public authority (organization) and to the head of this body (organization).
4. In case of application to person to whom conducting administrative case for the benefit of group of persons, measure of procedural coercion in the form of removal from courtroom, the drive is entrusted of judicial penalty the court postpones legal proceedings on administrative case, notifying members of group that they have the right to perform replacement of such person (part 4 of article 2 KAS Russian Federation, Item 2 of part 4 of Article 225.12 of the Arbitral Procedure Code of the Russian Federation).
5. In the presence of the bases for application of measure of procedural coercion the question of its application is resolved by court, including on own initiative.
6. The citizens who are present at judicial session, but not being persons participating in case in cases of application of measure of procedural coercion to them are allocated with the rights and obligations of persons participating in case regarding the production concerning application of adequate measure (part 4 Articles 2, Article 45, part 4 of article 117 KAS Russian Federation).
7. The measure of procedural coercion in the form of restriction of performance of the participant of legal proceedings is expressed in restriction reasonably to time of its performance. This measure is applied in cases of performance of such person on the questions which do not have relations to legal proceedings, that is are not connected with administrative case in general or with the separate application (petition) considered by court on this case, for example the statement for delay of execution of the judgment or for distribution of court costs (part of 1 Article 10, part of 1 Article 92, Item 1 of article 118 of the Code).
The participant of legal proceedings breaking the restriction set by court can be denied the right to speak after its performance was limited to court in time, and appropriate time expired (Item 2 of Article 118, part 5 of article 171 KAS Russian Federation).
The bases for deprivation of the word are also such actions (failure to act) as violation of the sequence of performances, double non-execution of requirements of the chairman, assumption of rough expressions or offensive statements or appeals made during the performance of the participant of legal proceedings to implementation of the actions pursued according to the law (Item 2 of article 118 of the Code).
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