On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 8, 2021 No. 11-P

On the case of check of constitutionality of article 116.1 of the Criminal Code of the Russian Federation in connection with the claim of the citizen L. F. Sakova

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, 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 (the part Item "and" 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",

Reason for consideration of the case was the claim of the citizen L. F. Sakova. 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 N. V. Melnikov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1.1. Constitutionality of the given regulation is disputed by the citizen L. F. Sakova to whom, according to the provided materials, her brother S. living with it in one house repeatedly put beating.

S. is found by the resolution of the magistrate judge of judicial site No. 4 of the Orenburg district of the Orenburg region of February 28, 2020 guilty of drawing on October 16, 2019 L. F. Sakova's beating again that is qualified as administrative offense, the stipulated in Article 6.1.1 Administrative Code of the Russian Federation; penalty in the form of obligatory works for the term of hundred hours is imposed. Making the decision on attraction to administrative, but not criminal liability, the judge proceeded from the fact of payment by the guilty person of the administrative fine which is ordered to pay in 2018, on October 3 the same year, i.e. drawing beating took on October 16, 2019 place after the expiration of the period when person is considered subjected to administrative punishment. The victim's representative, considering necessary to bring S. to trial in connection with availability of not removed and unspent conviction for similar acts, made the complaint about the resolution of the magistrate judge. Leaving it without satisfaction, the Orenburg district court of the Orenburg region in the decision of June 26, 2020 specified that S.'s actions do not contain signs of penal act and qualifications under article 116.1 UK of the Russian Federation including as by the time of their making on October 16, 2019 he was not brought to the administrative responsibility for the drawing beating made on October 5, 2019 yet are not subject.

According to Article 125 (the part Item "and" 4) of the Constitution of the Russian Federation, to Item 3 parts one of Article 3, to articles 96 and 97 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" the Constitutional Court of the Russian Federation according to the claim to violation of constitutional rights and freedoms checks constitutionality including the Federal Law applied in specific case if all other interstate equitable remedies are exhausted. And they can be acknowledged exhausted and if there are certificates specified in Item 3 of article 97 of this Federal constitutional Law of the fact that other application of the disputed regulation, than the taking place in specific case, is not supposed.

Therefore, taking into account instructions of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" article 116.1 UK of the Russian Federation is subject of consideration of the Constitutional Court of the Russian Federation of this case so far as on its basis the question of responsibility for drawing beating by person having criminal record for the act provided in it is resolved.

2. In the Russian Federation the person, its rights and freedoms are the supreme value, nothing can be the basis for derogation of advantage of the personality, nobody shall be exposed to tortures, violence, another to the cruel or degrading human dignity address. Among other rights and freedoms operating directly, determining sense, content and application of the laws, activities of legislative and executive power and provided with justice, the right to protection of advantage of the personality, and it is equal right to liberty and security of person belong to everyone from the birth, form basis of freedom, justice and all inalienable rights of the person, personify the major social benefit without which democratic legal state system is impossible, and therefore assume the increased level of guarantees - including means of the penal statute - from the state according to the constitutional provisions and according to the conventional principles and rules of international law (Article 2; Article 15, part 4; Article 17; Articles 18 and 21; Article 22, part 1, Constitutions of the Russian Federation; preamble, Articles 1, 3 and 5 Universal Declarations of Human Rights; preamble, Articles 7, 9 and 10 International Covenants on Civil and Political Rights; articles 3 and 5 of the Convention on human rights protection and fundamental freedoms).

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