On behalf of the Russian Federation
of October 16, 2020 No. 42-P
On the case of check of constitutionality of part 1 of article 8.8 of the Russian Federation Code of Administrative Offences in connection with the claim of the citizen M. G. Antsinova
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, N. S. Bondar, G. A. Gadzhiyev, 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 1 of the article 8.8 Administrative Code of the Russian Federation.
Reason for consideration of the case was the claim of the citizen M. G. Antsinova. 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 S. D. Knyazev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. Part 1 of the article 8.8 Administrative Code of the Russian Federation fixes that use of the parcel of land not on purpose according to its belonging to this or that category of lands and (or) the permitted use, except as specified, 2.1 and 3 these Articles provided by parts 2,, is attracted by imposing of administrative penalty if the cadastral cost of the parcel of land, on citizens in the amount of 0,5 to 1 percent of cadastral cost of the parcel of land, but at least ten thousand rubles, on officials - from 1 to 1,5 of percent of cadastral cost of the parcel of land, but at least twenty thousand rubles, on legal entities - from 1,5 to 2 percent of cadastral cost of the parcel of land, but at least hundred thousand rubles is determined and if the cadastral cost of the parcel of land, on citizens at the rate from ten thousand to twenty thousand rubles is not determined, on officials - from twenty thousand to fifty thousand rubles, on legal entities - from hundred thousand to two hundred thousand rubles.
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