On behalf of the Russian Federation
of November 9, 2021 No. 47-P
On the case of check of constitutionality of part 1 of article 13.21 of the Russian Federation Code of Administrative Offences in connection with the claim of the citizen E. N. Zabolotskaya
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 of the article 13.21 Administrative Code of the Russian Federation.
Reason for consideration of the case was the claim of the citizen E. N. Zabolotskaya. 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 A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. The citizen E. N. Zabolotskaya disputes constitutionality of part 1 of the article 13.21 "Violation of Procedure for Production or Distribution of Products of Mass Media" Administrative Code of the Russian Federation (in the current version entered by the Federal Law of June 17, 2019 No. 143-FZ which became effective on June 28, 2019) about responsibility for production or distribution of products of the unregistered mass media, and is equal to products of mass media the changes concerning change of the founder, change of structure of cofounders, the name (name), language (languages), approximate subject and (or) specialization of mass media, the territory of distribution of products of mass media, domain name of the website on the Internet (for online media), and also forms and (or) type of periodic distribution of mass information are not made to record about which registration, or for distribution of products of the foreign periodic printing edition without the permission on its distribution in the territory of Russia, or for production or distribution of such products after the decision on the termination or suspension of release of mass media in accordance with the established procedure. The listed violations attract imposing of administrative penalty on citizens (from one thousand to one thousand five hundred rubles), official (from two thousand to three thousand rubles) and legal entities (from twenty thousand to thirty thousand rubles) with confiscation of subject of administrative offense.
1.1. As appears from the materials provided to E. N. Zabolotskaya, she was part of cofounders of the scientific and technical magazine "Aseismic construction. Safety of constructions" along with V. and Page. This magazine founded in 1974 is registered on April 14, 2011 by Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (further - Roskomnadzor) as the periodic printing edition and left till February, 2020. Now the magazine with such name appears as online media.
Due to the release on April 25, 2019 of the second journal number for 2019 the official of Roskomnadzor constituted on July 1, 2019 on E. N. Zabolotskaya as on the founder of magazine the protocol on administrative offense as regards 1 article 13.21 Administrative Code of the Russian Federation as in record about registration of magazine for date of check data on the change of structure of his cofounders caused by the death on January 21, 2016 of one of them were not entered. E. N. Zabolotskaya on this fact is brought by the resolution of the magistrate judge of judicial site No. 226 of the District of Chertanovo Yuzhnoye of the city of Moscow of July 25, 2019 to the administrative responsibility in the form of penalty. In the resolution it is noted that the deeds it are subject to qualification as regards 1 article 13.21 Administrative Code of the Russian Federation as it did not perform re-registration of mass media after the death of one of founders, having violated these article 11 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 "About mass media" (further - the Law on media). The decision of the magistrate judge is upheld by courts of appeal and cassation instances (the decision of Chertanovo district court of the city of Moscow of October 1, 2019 and the resolution of the Second court of cassation of the general jurisdiction of June 3, 2020).
Afterwards the declarant was brought to the administrative responsibility in the form of penalty based on the same legislative provision again - on the facts of production of other journal numbers in record about which registration data on change of structure of cofounders were not entered (in particular, the resolution of the magistrate judge of judicial site No. 214 of Lomonosovsky district of the city of Moscow of October 3, 2019, the decision of Gagarinsky district court of the city of Moscow of December 4, 2019 and the resolution of the Second court of cassation of the general jurisdiction of May 29, 2020).
1.2. According to E. N. Zabolotskaya, the disputed legislative provision does not correspond to the Constitution of the Russian Federation, its Articles 19 (parts 1 and 2), 54 (part 2) and 55 (part 3), in that measure in what in the sense given it by law-enforcement practice it provides the administrative responsibility of the founder of mass media for production or distribution of products of mass media, the changes concerning change of structure of cofounders though owing to the legislation on mass media the founder has no opportunity to interfere with edition and the publisher in making of the specified illegal actions are not made to record about which registration. Besides, the declarant asks to cancel the judgments passed on its case as unconstitutional.
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