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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 23, 2020 No. 28-P

On the case of check of constitutionality of provisions of Article 4.6 and part 1.3 of article 32.2 of the Russian Federation Code of Administrative Offences in connection with request of the Kostroma regional court

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

Reason for consideration of the case was the request of the Kostroma regional court. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed in legislative provision request.

Having heard the message of the judge-speaker Yu. M. Danilov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the article 4.6 Administrative Code of the Russian Federation person to whom administrative penalty for making of administrative offense is imposed is considered subjected to this punishment from the date of the introduction in legal force of the resolution on purpose of administrative punishment before the expiration of one year from the date of the end of execution of this resolution.

On August 8, 2019 the special technical tool working in the automatic mode fixes exceeding of the established speed of movement of the vehicle belonging to B. on 48 kilometers per hour. B. is made by the resolution of the official of body of traffic police of August 9, 2019 responsible by part 6 of the article 12.9 Administrative Code of the Russian Federation for repeated making of the offense provided by part 3 of the same Article. The qualifying sign of frequency of illegal act is determined that the decree which is earlier issued in the relation by B. on the case of the administrative offense provided by part 3 of article 12.9 of this Code took legal effect less than one year prior to making of similar offense. The resolution is left by the decision of the chief of body of traffic police of September 6, 2019 without change.

With respect thereto B. took a legal action with the claim in which asked to requalify deeds, having excluded frequency sign as from the date of execution of the imposed administrative penalty (payment of penalty which is made on July 13, 2018) about day of making of new administrative offense (on August 8, 2019) passed over a year. The decision of the chief of body of traffic police of September 6, 2019 is cancelled by the decision of the judge Ostrovsky of district court of the Kostroma region of October 22, 2019, and the resolution of the official of the same body of August 9, 2019 is changed regarding qualification of act - from part 6 of the article 12.9 Administrative Code of the Russian Federation to its part 3, that entailed decrease in the ordered to pay administrative fine from two thousand to one thousand rubles. The court recognized that the term during which person is considered subjected to administrative punishment depends on time when execution of the resolution on its appointment is ended, but not of date of the introduction in legal force of this resolution.

Therefore, these legislative provisions are - taking into account Articles 74, 101 and 102 Federal constitutional laws "About the Constitutional Court of the Russian Federation" - subject of consideration of the Constitutional Court of the Russian Federation of this case so far as they form the basis for determination of the moment of the termination of term during which person is considered subjected to administrative punishment if the administrative fine which is ordered to pay to such person is paid in half size to the introduction to legal force of the resolution on the case of administrative offense.

2. The constitution of the Russian Federation, proclaiming Russia the democratic constitutional state and recognizing the person, its rights and freedoms the supreme value determining sense, content and application of the laws, activities of legislative and executive power, local self-government and provided with justice are allowed by restriction of rights and freedoms of man and citizen with the Federal Law only in that measure in what it is necessary for protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, for defense of the country and safety of the state (Article 1, 2 and 18; Article 55, part 3).

These constitutional limits of restriction of rights and freedoms of man and citizen - in total with the concepts of justice following from Articles 17, 19 and 45 Constitutions of the Russian Federation, legal definiteness, maintenance of trust of citizens to actions of the state, the state protection of the rights and freedoms - mean that in case of legislative regulation of the bases and conditions of the administrative responsibility it is necessary to aim at optimum balance as rights and freedoms of person made responsible, and the general interest consisting in effective protection of the personality, society and state against administrative offenses. Any such offense and sanctions for its making shall be accurately determined in the law proceeding from its text - in case of need by means of judicial interpretation - everyone could expect administrative consequence in law of the actions or failure to act. Otherwise the contradictory law-enforcement practice weakening guarantees of the state protection of the rights, freedoms and legitimate interests of citizens can take place.

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