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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 30, 2020 No. 6-P

On the case of check of constitutionality of part three of Article 6.1 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen of E. R. Yurovsky

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, 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 three of article 6.1 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of the citizen of E. R. Yurovsky. 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 declarant.

Having heard the message of the judge-speaker L. O. Krasavchikova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part three of article 6.1 Code of Criminal Procedure of the Russian Federation in case of determination of reasonable time of criminal trial which includes the period from the moment of the beginning of implementation of criminal prosecution until the termination of criminal prosecution or removal of conviction such circumstances as legal and actual complexity of criminal case, behavior of participants of criminal trial, sufficiency and efficiency of actions of court, the prosecutor, head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator made for the purpose of timely implementation of criminal prosecution or consideration of criminal case and general duration of criminal trial are considered.

Constitutionality of this legislative provision is disputed by E. R. Yurovsky' citizen who appealed to the Constitutional Court of the Russian Federation in the interests and for the benefit of the minor daughter M.

1.1. By the decision of the Astrakhan regional court of July 19, 2018 left without change appeal determination of the judicial board on administrative cases of the same court of September 12, 2018, E. R. Yurovsky operating in the interests and for the benefit of the minor daughter M. who was born in 2012 it was refused satisfaction of administrative claims about award of compensation for violation of the right to criminal trial in reasonable time. Recognizing legal proceedings term reasonable, courts recognized that the period from the moment of E. R. Yurovsky' address with the statement for conducting check and criminal prosecution of persons, actions (failure to act) of which led to the pre-natal death of two of her children, and also did harm to health to the third child (on July 10, 2013), before E. R. Yurovsky' recognition and minor M. by the victims (on April 14, 2014 and on June 30, 2017 respectively) is not subject to inclusion of legal proceedings on this case in time (despite the decisions on refusal in initiation of legal proceedings which were repeatedly accepted during this period), and therefore duration of legal proceedings should be estimated from the date of recognition of specified persons by the victims and till day of pronouncement of the resolution on cessation of production on criminal case in connection with the death of the suspect (on January 30, 2018).

Transfer of writs of appeal of the declarant acting in the interests and for the benefit of the minor daughter M. for consideration in judicial session of courts of cassation instance it is refused (determination of the judge of the Astrakhan regional court of October 26, 2018 and determination of the judge of the Supreme Court of the Russian Federation of January 16, 2019).

According to E. R. Yurovsky, the disputed regulation does not correspond to the Constitution of the Russian Federation, its Articles 15 (part 4), 17, 46 (part 1 and 2) and 52, in that measure in what it allows in case of determination of reasonable time of criminal trial for person recognized in the procedure established by the criminal procedure law as the victim (and also for person who is out of time recognized as the victim), not to include in it the period from the date of giving by person (or in its interests) statements for crime and until initiation of legal proceedings about this crime and recognitions of such person as appropriate the victim on this case in cases when criminal proceeding came to the end with the resolution on the termination of criminal case on not rehabilitating bases, in connection with the death of the suspect.

Thus, taking into account requirements of Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" the part three of article 6.1 Code of Criminal Procedure of the Russian Federation is subject of consideration of the Constitutional Court of the Russian Federation of this case in that measure in what it forms the basis for the solution of question of the determination of duration of reasonable time of criminal trial regarding establishment of the moment of the beginning of its calculation for person recognized as the victim on criminal case according to the procedure provided by the criminal procedure law in cases when criminal case is dismissed in connection with the death of the suspect.

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