On behalf of the Russian Federation
of May 17, 2021 No. 19-P
On the case of check of constitutionality of part 1.1 of article 7 of the Federal law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye" and part 2 of article 20.2 of the Russian Federation Code of Administrative Offences in connection with the claim of the citizen I. A. Nikiforova
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 1.1 of article 7 of the Federal law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye" and part 2 of the article 20.2 Administrative Code of the Russian Federation.
Reason for consideration of the case was the claim of the citizen I. A. Nikiforova. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the declarant of legislative provision.
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. The citizen I. A. Nikiforova disputes constitutionality of the following legislative provisions:
part 1.1 of article 7 of the Federal Law of June 19, 2004 No. 54-FZ "About meetings, meetings, demonstrations, processions and piketirovaniye" (in the edition operating before entry into force of the Federal Law of December 30, 2020 with No. 497-FZ "About introduction of amendments to the Federal law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye") according to which the notification on the picketing performed by one participant is not required, except for case if this participant assumes to use pre-fabricated collapsible design; the minimum admissible distance between persons performing the specified picketing is determined by the law of the subject of the Russian Federation; the specified minimum distance cannot be more than fifty meters; set of the acts of the picketing performed by one participant, combined by single intention and the general organization can be recognized as the judgment on specific civil, administrative or criminal case by one public action;
parts 2 of the article 20.2 Administrative Code of the Russian Federation according to which the organization or holding public action without submission in accordance with the established procedure of the notification on holding public action, except as specified, provided by part 7 of this Article, attracts imposing of administrative penalty on citizens at the rate from twenty thousand to thirty thousand rubles, or obligatory works for a period of up to fifty hours, or administrative detention for a period of up to ten days; on officials - from twenty thousand to forty thousand rubles; on legal entities - from seventy thousand to two hundred thousand rubles.
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