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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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",

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

established:

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.

The resolution of the magistrate judge is left by the decision of Cheryomushki district court of the city of Moscow of May 18, 2021 without change, and O. A. Melnikova's claim - without satisfaction. Rejecting the declarant's argument about pronouncement of the resolution outside prescriptive limit of administrative prosecution, the court referred to explanations of the Supreme Court of the Russian Federation that prescriptive limit of accountability is estimated by general rules of calculation of terms - from the date of, the making of administrative offense following behind day (Item 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 in No. 5 "About some questions arising at courts in case of application of the Russian Federation Code of Administrative Offences").

Afterwards following the results of consideration of the claims submitted to O. A. Melnikova to higher degrees of jurisdiction legality taken out concerning it specified resolutions and decisions on the case of administrative offense was confirmed with the resolution of the Second court of cassation of the general jurisdiction of September 2, 2021 and the resolution of the Supreme Court of the Russian Federation of November 19, 2021 in which courts also considered that prescriptive limit of involvement of the declarant to the administrative responsibility at the time of acceptance by the magistrate judge of the appealed court resolution did not expire.

The declarant believes that prescriptive limit of administrative prosecution is subject as it directly follows from part 1 of the article 4.5 Administrative Code of the Russian Federation, to calculation from the date of making of administrative offense. Contrary to it the courts considering case in her opinion, mistakenly estimated the specified term from the date of, the making of administrative offense following behind day therefore she was brought to the administrative responsibility after three months and one day, i.e. outside fixed term of prescription.

Proceeding from this O. A. Melnikov asks to recognize the disputed legislative provision not to the relevant articles 1 (part 1), 18, 19 (part 1) and 55 (part 3) Constitutions of the Russian Federation as it contains the uncertainty in question of calculation of prescriptive limit of administrative prosecution which is not allowing to establish unambiguously from what day calculation of this term shall begin and, respectively, in what day it shall be considered as expired.

Thus, taking into account requirements of Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" part 1 of the article 4.5 Administrative Code of the Russian Federation is subject of consideration of the Constitutional Court of the Russian Federation of this case in that measure in what on its basis the question of day since which prescriptive limit of administrative prosecution for making of the administrative offenses listed in it shall be estimated is resolved.

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