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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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

established:

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.

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.

2. Russia - the democratic constitutional state in which the supreme value are the person, its rights and freedom, and fundamental obligation of the state - recognition, observance and protection of the rights and freedoms of man and citizen which are not subject to restriction differently as the Federal Law and 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. From these provisions of the Constitution of the Russian Federation enshrined in its Articles 1, 2 and 55 (part 3), in interrelation with its Articles 15 (part 2), 19 (parts 1 and 2), 45 (part 1), 71 (Items "and", "v", "i"), 72 (the part Items, "k" 1) and 76 (parts 1 and 2) follows that for the purpose of protection of the rights and freedoms, ensuring equality, legality, law and order, and also in others constitutionally the approved purposes the legislator not only can, but also shall use all available to it within its discretionary powers the means designed to promote traffic safety, including establishment of rules of the admission to participation in traffic in the territory of the country.

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