On behalf of the Russian Federation
of June 17, 2021 No. 29-P
On the case of check of constitutionality of provisions of Articles 106, 110 and 389.2 Codes of penal procedure of the Russian Federation in connection with the claim of the citizen S. A. Filippov
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 S. A. Filippov. 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 applicant of legislative provision.
Having heard the message of the judge-speaker Yu. D. Rudkin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. Article 106 Code of Criminal Procedure of the Russian Federation provides pledge as measure of restraint, including determines that in case of violation by the suspect or person accused of the obligations connected with the posted bail, pledge addresses in the income of the state according to the judgment passed according to article 118 of this Code (part nine); in other cases the court in case of the resolution of sentence or removal of determination or the resolution on the termination of criminal case resolves issue of pledge return to the pledger (part ten).
According to article 110 of this Code the measure of restraint is cancelled when in it need disappears, or changes on more strict or softer when the bases for election of measure of restraint provided by articles 97 and 99 of this Code (part one) change; cancellation or change of measure of restraint is made under the resolution of the investigator, investigator or judge or by determination of court (part two).
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