On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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

established:

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.

The substantive provisions of the called resolution of district court were changed by appeal determination of judicial board on criminal cases of the Murmansk regional court of August 22, 2018, the prohibition on accommodation of any persons in the specified premises, on ownership, use and the order of this placement, including on its sale, letting and on implementation of other transactions with this room without the consent of the owner is established; on registration of any persons in it without the consent of the owner; the obligation on sealing of premises and its transfer under supervision of service of housing and communal services is assigned to administration of the municipality the city of Murmansk. The Appeal Court also determined to send to the copy of this determination to the condemned S. and to Management of Federal Registration Service across Murmansk region, the public regional budgetary institution "MFTs of Murmansk Region" and to administration of the municipality the city of Murmansk for its execution.

The administration of the municipality the city of Murmansk appealed to the Murmansk regional court with the statement for explanation of procedure for execution of these judgments as, in her opinion, they did not contain instructions on to what service of housing and communal services the called premises shall be transferred under supervision. The act of the commission (formed by territorial structural subdivision of administration of the municipality the city of Murmansk), in pursuance of the resolution of May Day district court of the city of Murmansk of July 2, 2018 constituted in the presence of representatives of law-enforcement body and managing company, and also the owner of the neighboring premises was also enclosed to this application. By this act it was fixed that the apartment belonging to S. is sealed, and the representative of managing company refused to accept the specified room under supervision. The judge of the Murmansk regional court with whom the judicial board on criminal cases of the same court agreed, without having seen any doubts and ambiguities interfering execution of this resolution of district court made the decision on refusal in adoption of the statement of local administration (the resolution of October 10, 2018, appeal determination of November 22, 2018). At the same time the applicant's arguments about absence in structure of administration of the municipality the city of Murmansk of service of housing and communal services were rejected by court, in particular, with reference to the fact that the solution of questions of housing and communal services, according to the municipal legal act (in the edition operating at the time of consideration of question of taking measures to protection of premises), is assigned to committee on housing policies of administration of the municipality the city of Murmansk.

Transfer of writs of appeal on the specified judgments for consideration in judicial session of courts of cassation instance to the applicant it was refused (resolutions of judges of the Murmansk regional court of November 19, 2018 and of December 26, 2018, the resolution of judges of the Supreme Court of the Russian Federation of December 13, 2018 and of February 7, 2019). Did not find the bases for data transmission of claims to consideration in the corresponding judicial sessions also vice-chairmen of the Supreme Court of the Russian Federation (the letter of February 18, 2019 and of April 23, 2019).

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