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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of September 23, 2021 No. 41-P

On the case of check of constitutionality of item 4 of part one of Article 135, Article 401.6 and Item of 1 part two of Article 401.10 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen A. P. Atroshchenko

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 item 4 of part one of Article 135, of Article 401.6 and Item of 1 part two of article 401.10 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of the citizen A. P. Atroshchenko. 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 K. V. Aranovsky, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to item 4 of part one of article 135 Code of Criminal Procedure of the Russian Federation compensation rehabilitated property harm includes compensation of the amounts paid to them for rendering legal aid, and according to article 401.6 of the same Code review in cassation procedure for sentence, determination, the court order on the bases attracting deterioration of the situation of the convict, justified, person against whom criminal case is dismissed it is allowed in time, not exceeding one year from the date of their introduction in legal force if during legal proceedings the violations of the law which affected the outcome of the case distorting essence of justice and sense of the judgment as the act of justice were allowed or if were revealed this, testimonial of non-compliance-faced conditions and failure to carry out by it of the obligations provided by the pre-judicial agreement on cooperation. Owing to Item of 1 part two of article 401.10 Code of Criminal Procedure of the Russian Federation by results of studying of the writ of appeal or representation the judge can issue the decree on refusal in their transfer for consideration in judicial session of court of cassation instance if there are no bases for review of judgments in cassation procedure.

A. P. Atroshchenko connects violation of the constitutional rights using the given regulations in its case.

1.1. Criminal case concerning A. P. Atroshchenko on essential elements of offense provided by part three of article 327 UK of the Russian Federation is initiated by the investigator on January 24, 2014, and upon termination of proceeedings the prosecutor returned it twice - for production of additional inquiry and for recreation of the indictment. On August 4, 2014 it is sent to the magistrate judge who also returned case to the prosecutor twice - for elimination of violations and for recreation of the indictment. Criminal prosecution of A. P. Atroshchenko is stopped by the resolution of December 22, 2016 for lack of evidence with recognition of its right to rehabilitation.

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