On behalf 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",
considered in meeting without carrying out hearing case on check of constitutionality of article 116.1 UK 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
1. According to the article 116.1 "Drawing Beating by Person Subjected to Administrative Punishment" UK of the Russian Federation drawing the beating or making of other violent acts which caused physical pain, but did not entail the effects specified in its article 115 "Intentional Causing Little Harm to Health", and which are not containing signs of the actus reus provided by its article 116 "Beating", person subjected to administrative punishment for similar act is punished by penalty at the rate to forty thousand rubles or in the amount of the salary or other income of the convict for the period up to three months, or obligatory works for a period of up to two hundred forty hours, or corrective works for a period of up to six months, or arrest for a period of up to three months.
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.
So, for drawing on March 10, 2018 L. F. Sakova's beating the Orenburg district court of the Orenburg region the resolution of September 17, 2018 (became effective on October 12, 2018) brought S. to the administrative responsibility under the article 6.1.1 "Beating" Administrative Code of the Russian Federation, having imposed mulctary punishment in the amount of five thousand rubles. S. is found by sentence of the same court of May 28, 2019 (became effective on June 8, 2019) guilty of making of one crime provided by part one of article 115 UK of the Russian Federation, and two crimes provided by its Article 116.1. On cumulative offenses penalty in the form of three hundred hours of obligatory works is imposed. The court, among other things, determined that on March 10, 2019 S. put to L. F. Sakova again beating which caused her physical pain, but did not entail harm to health.
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.
1.2. According to L. F. Sakova, article 116.1 UK of the Russian Federation contradicts Articles 19, 21 and 52 Constitutions of the Russian Federation as does not provide effective protection against domestic violence and does not allow to bring to trial for beating (in the absence of the signs specified in article 116 of this Code) person having not removed and unspent conviction under the disputed Article.
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