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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 13, 2021 No. 18-P

On the case of check of constitutionality of part three of Article 131 and Article 132 of the Code of penal procedure of the Russian Federation, and also Item 30 of the Regulations on compensation of the procedural costs connected with criminal proceeding, costs in connection with consideration of the case by Arbitration Court, civil case, administrative case, and also expenses in connection with fulfillment of requirements of the Constitutional Court of the Russian Federation in connection with the claim of the citizen of E. R. Yurovsky

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 part three of Article 131 and article 132 Code of Criminal Procedure of the Russian Federation, and also Item 30 of the Provision approved by the Order of the Government of the Russian Federation of December 1, 2012 No. 1240.

Reason for consideration of the case was the claim of the citizen of E. R. Yurovsky. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the provisions challenged by the declarant.

Having heard the message of the judge-speaker S. M. Kazantsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. E. R. Yurovsky' citizen who appealed to the Constitutional Court of the Russian Federation in the interests and for the benefit of the minor daughter disputes constitutionality:

parts three of article 131 Code of Criminal Procedure of the Russian Federation according to which the amounts of procedural costs specified in its part two are paid under the resolution of the investigator, investigator, prosecutor or judge or by determination of court;

article 132 of the same Code determining that procedural costs are collected from convicts or are compensated at the expense of means of the federal budget (part one), and the regulating feature of their collection and compensation in relation to different situations (to part two - the ninth);

Item 30 of the Regulations on compensation of the procedural costs connected with criminal proceeding, costs in connection with consideration of the case by Arbitration Court, civil case, administrative case, and also expenses in connection with fulfillment of requirements of the Constitutional Court of the Russian Federation (it is approved by the Order of the Government of the Russian Federation of December 1, 2012 No. 1240) (further also - the Provision; The provision approved by the Order of the Government of the Russian Federation of December 1, 2012 No. 1240) owing to which others, in addition to called in the Provision, the expenses suffered in course of production on criminal case and provided by the same Code directly connected with collecting and research of proofs are compensated at the expense of means of the federal budget and budgets of subjects of the Russian Federation within the budgetary appropriations provided for the corresponding year to the courts and state bodies given authority on production of inquiry and pretrial investigation.

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