On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 24, 2022 No. 8-P

On the case of check of constitutionality of part seven of article 53.1 of the Criminal Code of the Russian Federation in connection with the claim of the citizen V. N. Egorov

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, 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 V. N. Egorov. 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 applicant.

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

established:

1. According to part seven of article 53.1 UK of the Russian Federation forced labor is not appointed to the minors, persons recognized as disabled people of the first or second group, to the expectant mothers, women having children under three years, to the women who reached fifty-five-year age, to the men who reached sixty-year age and also the military personnel.

1.1. The applicant on this case citizen V. N. Egorov is sentenced by sentence of the Moscow regional court of December 5, 2017 to ten years and six months of imprisonment with serving sentence in corrective colony of strict regime. After departure more than a half of term of the penalty imposed to it it took a legal action with the petition for replacement of unexpired part of custodial sanction with forced labor.

1.2. According to Articles 36, of 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" according to claims to violation of constitutional rights and freedoms of citizens the Constitutional Court of the Russian Federation takes cognizance of the claim of the citizen to violation of its constitutional rights and freedoms the regulation if comes to conclusion that there are signs of violation of the rights and freedoms of the citizen as a result of application of the disputed regulation in specific case with its participation in case of which permission all other interstate equitable remedies, and also uncertainty in question of are exhausted whether there corresponds the act of the Constitution of the Russian Federation. At the same time the Constitutional Court of the Russian Federation accepts the resolution only in the subject specified in the claim and only concerning that part of the act which constitutionality is called in question, estimating both literal sense of the challenged provisions, and the sense given them by official and other interpretation including in decisions on specific case, or the developed law-enforcement practice, proceeding from their place in system of precepts of law and without being connected by the bases and arguments stated in the claim.

In specific case of the applicant by courts the question of replacement of unexpired part of custodial sanction with milder pinishment - forced labor - only one category of persons specified in part seven of article 53.1 UK of the Russian Federation - the men who reached sixty-year age was considered.

2. The constitution of the Russian Federation refers regulation and protection of rights and freedoms of man and citizen, the penal and criminal and executive legislation to maintaining the Russian Federation, allowing possibility of restriction of the rights and freedoms with the Federal Law only in that measure in what it is necessary for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state (Article 55, part 3; Article 71, Items "in" and "o"); the state guarantees everyone the rights and freedoms on the basis of equality of all before the law and court, including irrespective of age, including the right of the convict for crimes to ask about pardon or mitigation of punishment (Article 19, parts 1 and 2; Article 50, part 3).

This right as noted the Constitutional Court of the Russian Federation, being direct expression of the constitutional principles of respect of advantage of the personality, humanity and justice, assumes for each convict - irrespective of nature of crime for which he was condemned, the imposed penalty and conditions of its execution - opportunity to try to obtain, including judicially, mitigation of the fate up to complete removal of all restrictions in the rights and freedoms established for it by conviction (The resolution of November 26, 2002 No. 16-P, Determination of January 15, 2009 No. 285-O-O).

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