On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 17, 2019 No. 18-P

On the case of check of constitutionality of part one of Article 73, parts one of Article 299 and Article 307 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen I. V. Yanmayeva

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 part one of Article 73, of part one of Article 299 and article 307 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of the citizen I. V. Yanmayeva. 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 the declarant of legislative provision.

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

established:

1. The code of penal procedure of the Russian Federation regulates in Article part one 73 circumstances which are subject to proof in case of criminal proceeding in Article 299 part one - the questions resolved by court in case of the resolution of sentence in Article 307 - content of descriptive and motivation part of conviction.

Judges of courts of cassation instance (the judge's ruling of the Volgograd regional court of December 29, 2016 and the judge of the Supreme Court of the Russian Federation of March 23, 2017) and the vice-chairman of the Supreme Court of the Russian Federation agreed with sentence (the decision of February 13, 2018). Rejecting arguments of writs of appeal I.V. Yanmayeva, they recognized that the circumstances which formed the basis for seizure of the apartment and the car belonging to her did not disappear and were confirmed by the course of consideration of criminal case in essence: these objects were transferred by one of convicts to the possession I. V. Yanmayeva who was the cofounder of the legal entity created for the purpose of preserving the money and property got in the criminal way.

In the claim in the Constitutional Court of the Russian Federation I. V. Yanmayeva claims that Article part one 73, part one of Article 299 and article 307 Code of Criminal Procedure of the Russian Federation do not correspond to Articles 17 (part 3), 19 (parts 1 and 2), 35 (parts 1 - 3), 46 (part 1) and 55 (part 3) of the Constitution of the Russian Federation as in view of gap availability in the operating legal regulation allow court for the purpose of providing the civil action after the introduction of sentence in legal force (Item 11 parts one of article 299 of this Code) to keep in case of the resolution of sentence the arrest which is earlier imposed on the property which is not subject to confiscation and belonging to person who is not in criminal case by the person accused or person bearing liability for its actions under the law without establishment, proof and statement in sentence of circumstances, confirmatory that this property, in particular, it is received as a result of crime execution or is the income from this property. If the solution of question of destiny of the property which is subject to confiscation is settled by this Code (Item 8 parts one of Article 73, Article part three 115, Article 115. 1, Item 10.1 of part one of Article 299 and Item 4.1 of Article 307), concerning the property which is not subject to confiscation, but subjected to arrest for providing the civil action is available, according to the declarant, the legal uncertainty allowing to limit the rights of his owners without provision of effective guarantees of protection of the property right by it.

Thus, taking into account requirements of Articles 36, 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" concretizing Article 125 (part 4) of the Constitution of the Russian Federation, Article part one 73, part one of Article 299 and article 307 Code of Criminal Procedure of the Russian Federation are subject of consideration of the Constitutional Court of the Russian Federation of this case so far as on their basis in system of the operating legal regulation the court verdict resolves issue of preserving after the introduction of sentence in legal force of the arrest imposed within criminal proceeding property of person who is not the person accused or person bearing liability for its actions under the law for the purpose of providing the civil action.

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