On behalf 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
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.
By part 1.3 of article 32.2 of this Code it is fixed, in particular, that in case of payment of administrative penalty by person brought to the administrative responsibility for making of the administrative offense provided by Chapter 12 of this Code, except for the administrative offenses provided by part 1.1 of Article 12. 1, Article 12. 8, parts 6 and 7 of Article 12. 9, part 3 of Article 12. 12, part 5 of Article 12. 15, part 3.1 of Article 12. 16, Articles 12. 24, 12.26, part 3 of article 12.27 of this Code, no later than twenty days from the date of pronouncement of the resolution on imposing of administrative penalty the administrative penalty can be paid in the amount of half of the amount of the imposed administrative penalty.
1.1. The citizen B. is made by the resolution of the official of body of traffic police of July 6, 2018 responsible as regards the 3rd article 12.9 Administrative Code of the Russian Federation as the owner of the car moving on July 2, 2018 with exceeding of the established speed at size more 40, but no more than 60 kilometers per hour that was fixed by the special technical tool working in the automatic mode. For this offense administrative fine in the amount of one thousand rubles which was paid on July 13, 2018 in half size based on part 1.3 of article 32.2 of this Code is ordered to pay. The resolution was not appealed and took legal effect on August 28, 2018.
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.
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