On behalf of the Russian Federation
of April 19, 2022 No. 16-P
On the case of check of constitutionality of part pervoy.1 Article 110 and Article 389.2 of the Code of penal procedure of the Russian Federation, and also the Order of the Government of the Russian Federation "About Medical Examination of Suspects or the Crimes Accused of Making" in connection with the claim of the citizen N. I. Murgina
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 pervoy.1 Article 110 and article 389.2 Code of Criminal Procedure of the Russian Federation, and also the Order of the Government of the Russian Federation "About Medical Examination of Suspects or the Crimes Accused of Making".
Reason for consideration of the case was the claim of the citizen N. I. Murgina. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the provisions challenged by the declarant.
Having heard the conclusion 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 N. I. Murgina disputes constitutionality of following provisions of the Code of penal procedure of the Russian Federation:
parts pervoy.1 the article 110 "Cancellation or Change of Measure of Restraint" determining that the measure of restraint in the form of detention changes on softer in case of identification at the suspect or the serious illness accused of crime execution interfering its detention and certified by the medical certificate which is taken out by results of medical examination; the list of the serious illness interfering detention of suspects and accused of making of crimes, procedure for their medical examination and form of the medical certificate affirm the Government of the Russian Federation; the decision on change of measure of restraint in the form of detention is made by the investigator, the investigator or court in which production there is criminal case, no later than 3 days from the date of receipt to them from places of detention of the copy of the medical certificate;
the article 389.2 "The Judgments Which Are Subject to Appeal Appeal", and actually - its parts two and third according to which determinations or resolutions on procedure for research of proofs, on satisfaction or variation of petitions of participants of legal proceedings and other judgments passed during legal proceedings are appealed in appeal procedure along with appeal of the final judgment on case, except for resolutions of the magistrate judge on return of the statement to person which gave it or on refusal in adoption of the statement to production, court decrees or determinations about election of measure of restraint or about prolongation of terms of its action, about the placement of person to the medical organization providing medical care in stationary conditions or to the medical organization giving mental health services in stationary conditions for production of judicial examination, about property attachment, about establishment or prolongation of term of the arrest imposed property about suspension of criminal case, about transfer of criminal case on cognizance or about change of cognizance of criminal case, about return of criminal case to the prosecutor, other judgments affecting the rights of citizens to access to justice and to consideration of the case in reasonable time and obstructing further traffic of case, and also private determinations or resolutions.
Besides, the declarant calls in question constitutionality of the Order of the Government of the Russian Federation of January 14, 2011 No. 3 "About medical examination of suspects or the crimes accused of making" which approves Rules of medical examination of suspects or crimes accused of making, the list of the serious illness interfering detention of suspects or accused of making of crimes (further also - the list of serious illness, the list), and form of the medical certificate of availability (absence) of the serious illness included in this list.
1.1. Concerning N. I. Murgina in connection with its accusation in making of the crimes provided by parts three and the fourth article 159 UK of the Russian Federation the measure of restraint in the form of detention which term was repeatedly prolonged by court at stages of preliminary inquiry and legal proceedings is chosen.
N. I. Murgina, referring among other to the medical diagnosis made to her by emergency doctors after survey claimed about availability of disease at her from the list of the serious illness interfering detention. However the district court and superior courts which considered the complaints made for the benefit of the declarant about the decisions connected with election and prolongation of measure of restraint concerning her did not agree with this approval (resolutions of the Central district court of the city of Kaliningrad of July 4, 2020, of December 14, 2020, of January 19, 2021, of May 24, 2021 and of August 6, 2021, appeal resolutions of the Kaliningrad regional court of July 22, 2020, of January 25, 2021, of February 18, 2021, of June 28, 2021, of August 30, 2021 and of January 21, 2022, the resolution of judges of the Third court of cassation of the general jurisdiction of April 23, 2021 and of May 17, 2021 and judges of the Supreme Court of the Russian Federation of July 2, 2021, of July 14, 2021, of August 3, 2021, etc.).
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