On behalf of the Russian Federation
of October 27, 2022 No. 46-P
On the case of check of constitutionality of Item 12 of article 25 of the Federal law "About Traffic Safety" in connection with the claim of the citizen D. S. Brashkin
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges A. Yu. Bushev, 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 Item 12 of article 25 of the Federal law "About Traffic Safety".
Reason for consideration of the case was the claim of the citizen D. S. Brashkin. 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
1. According to Item 12 of article 25 of the Federal Law of December 10, 1995 No. 196-FZ "About traffic safety" persons, constantly or temporarily living or temporarily staying in the territory of the Russian Federation, are allowed to control of vehicles based on the Russian national car driver licenses, and in the absence of those - based on foreign national or international car driver licenses.
1.1. Constitutionality of the given regulation is disputed by the citizen D. S. Brashkin who in 2013, being citizen of the Republic of Kazakhstan, received the national car driver license of this country. On August 17, 2017 it was accepted in the Russian citizenship based on part seven of article 14 of the Federal Law of May 31, 2002 No. 62-FZ "About citizenship of the Russian Federation" (the decision of Regional Office of the Ministry of Internal Affairs of Russia across Khabarovsk Krai No. 1609). Since 2017 constantly lives in the Russian Federation.
D. S. Brashkin for vehicle control without the appropriate right is found by the resolution of the official of traffic police of Regional Office of the Ministry of Internal Affairs of Russia on the city of Khabarovsk of June 25, 2019 guilty of the offense provided by part 1 of the article 12.7 Administrative Code of the Russian Federation and will subject to administrative punishment in the form of administrative penalty in the amount of 5000 rubles. The resolution is left by the decision of the judge of Industrial district court of the city of Khabarovsk of September 11, 2019 without change. The court recognized insolvent arguments about unreasonable involvement of D. S. Brashkin to the administrative responsibility, having specified that that managed the vehicle, having the car driver license issued in the Republic of Kazakhstan. As noted court, referring to Item 12 of article 25 of the Federal law "About Traffic Safety", and also the subitem of "b" of Item 2 of article 41 of the Convention on traffic signed in Vienna on November 8, 1968 (further - the Convention on traffic, the Convention), the control in the Russian Federation of vehicles in the presence of the valid foreign car driver license is admissible for persons which are temporarily staying in its territory. The decision of the judge of the Khabarovsk regional court of October 17, 2019, and the judge's ruling of the Supreme Court of the Russian Federation of September 27, 2021 acts on the case of administrative offense are left by the judge's ruling of the Ninth court of cassation of the general jurisdiction of March 4, 2021 without change.
1.2. According to D. S. Brashkin, the disputed legislative provision in the sense given it by law-enforcement practice contradicts Articles 2, of 6, 15 (parts 1 and 4), 17, 18, 19, 27, 35 (part 1 and 2), 49 and 62 Constitutions of the Russian Federation in that measure in what does not allow the citizen of the Russian Federation who is constantly living in its territory and having the car driver license issued in foreign state - the participant of the Convention on traffic, to manage in the Russian Federation the vehicle though in the legislation there are no terms for exchange of the foreign national car driver license for the Russian.
Thus, taking into account Articles 36, of 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" Item 12 of article 25 of the Federal law "About Traffic Safety" is subject of consideration of the Constitutional Court of the Russian Federation of this case in that measure in what it is applied to the solution of question of the admission to vehicle control of the citizen of the Russian Federation who is constantly living in the Russian Federation, based on the foreign national car driver license valid and this state issued to it in other state during the stay of his citizen.
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