On behalf of the Russian Federation
of May 17, 2022 No. 19-P
On the case of check of constitutionality of part 1 of article 4.5 of the Russian Federation Code of Administrative Offences in connection with the claim of the citizen O. A. Melnikova
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,
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 4.5 Administrative Code of the Russian Federation.
Reason for consideration of the case was the claim of the citizen O. A. Melnikova. 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 S. D. Knyazev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 1 of the article 4.5 "Prescription of Administrative Prosecution" Administrative Code of the Russian Federation the resolution on the case of administrative offense cannot be taken out after two months (on the case of administrative offense, considered by the judge, - after three months) from the date of making of administrative offense, and for the separate types of administrative offenses specified in this regulation - after one, two, three or six years from the date of making of administrative offense.
The citizen O. A. Melnikova disputing constitutionality of this legislative provision, on December 22, 2020 driving the car, created hindrance to the bus which driver was forced to slow down sharply. Thanks to this maneuver it managed to avoid collision of vehicles, however because of sharp braking passengers, one of whom broke hand, fell in inside of the bus. According to the operating legal regulation the specified incident was qualified as the road accident (the paragraph the fourth article 2 of the Federal Law of December 10, 1995 No. 196-FZ "About traffic safety" and the paragraph the fifteenth Item 1.2 of the Traffic regulations of the Russian Federation approved by the Resolution of Council of Ministers - the Governments of the Russian Federation of October 23, 1993 No. 1090), occurred because of the declarant.
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