On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 18, 2019 No. 5-P

On the case of check of constitutionality of Article 2.6.1 and parts 1, 2, the 3 and 6 article 12.21.1 of the Russian Federation Code of Administrative Offences in connection with request of the Kostroma regional court and claims of citizens A. I. Dumilin and A. B. Sharov

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, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of Article 2.6.1 and parts 1, of 2, of the 3 and 6 article 12.21.1 Administrative Code of the Russian Federation.

Reason for consideration of the case were the request of the Kostroma regional court and the claim of citizens A. I. Dumilin and A. B. Sharov. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As the request and claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The article 2.6.1 Administrative Code of the Russian Federation provides the following features of the administrative responsibility of owners (owners) of vehicles:

to the administrative responsibility for administrative offenses in the field of traffic and the administrative offenses in the field of improvement of the territory provided by the laws of subjects of the Russian Federation, made with use of vehicles, in case of fixing of these administrative offenses working in the automatic mode special technical means having functions photo and filmings, videos or means photo and filmings, videos are attracted owners (owners) of vehicles (part 1);

the owner (owner) of the vehicle is exempted from the administrative responsibility if during consideration of the claim to the decree on the case of administrative offense issued according to part 3 of article 28.6 of the same Code the data containing in it that at the time of fixing of administrative offense the vehicle was in ownership or in use of other person are confirmed or by this moment was disposed from its possession as a result of illegal actions of other persons (part 2).

The administrative responsibility for abuse of regulations of movement of heavyweight and (or) large-size vehicles is established in the article 12.21.1 Administrative Code of the Russian Federation according to which:

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