On behalf of the Russian Federation
of July 9, 2020 No. 34-P
On the case of check of constitutionality of part two of Article 313 of the Code of penal procedure of the Russian Federation in connection with the claim of administration of the municipality the city of Murmansk
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 two of article 313 Code of Criminal Procedure of the Russian Federation.
Reason for consideration of the case was the claim of administration of the municipality the city of Murmansk. 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 applicant.
Having heard the message of the judge-speaker A. I. Boytsova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. The administration of the municipality the city of Murmansk allocated with the status of the city district disputes constitutionality of part two of article 313 Code of Criminal Procedure of the Russian Federation according to which in the presence at the condemned property or the dwellings which are left without supervision, the court along with adjudgement takes out determination or the resolution on taking measures to their protection.
The resolution of May Day district court of the city of Murmansk of July 2, 2018 satisfied the petition of the same court condemned by sentence to imprisonment of the citizen S. about taking measures to protection of the premises belonging to it on the property right for serving of punishment by it, the obligation on protection of these premises is assigned to administration of the municipality the city of Murmansk.
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