On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 15, 2023 No. 8-P

On the case of check of constitutionality of part tretyey.1 article 72 of the Criminal Code of the Russian Federation in connection with the claim of the citizen G. A. Alekseev

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",

Reason for consideration of the case was the claim of the citizen G. A. Alekseev. 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 N. V. Melnikov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part tretyey.1 article 72 UK of the Russian Federation time of content of person under guards is set off imprisonments, except as specified, provided by parts tretyey.2 and tretyey.3 this Article, at the rate of one day in one day of serving sentence in prison or corrective labor colony of high or particular treatment, one and a half days of serving sentence in educational colony or corrective colony of ordinary regime, two days of serving sentence in colony settlement in time.

In appeal procedure the sentence was not disputed.

The sentence is changed by determination of judicial board on criminal cases of the Third court of cassation of the general jurisdiction of January 13, 2022: in connection with lack of motivation of the decision on purpose of type of correctional facility the colony settlement is determined as the place of serving sentence, time of detention since September 9, 2020 to the introduction of sentence in legal force on September 26, 2020 at the rate of one day of detention in two days of imprisonment in colony settlement is offset. By the judge's ruling of the Supreme Court of the Russian Federation it is refused transfer for consideration in judicial session of court of cassation instance of the claim of the lawyer of the convict in which the question of need of offsetting of term of imprisonment for standard regime penal colony of imprisonment in colony settlement by rules of part tretyey.1 article 72 UK of the Russian Federation was put in time.

Taking into account Articles 36, of 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation" subject of consideration of the Constitutional Court of the Russian Federation of this case is part tretya.1 article 72 UK of the Russian Federation regarding the solution of question of applicability of the rules established by it providing differentiated depending on type of the correctional facility appointed to the convict, offsetting in time of imprisonment of time of detention to the introduction of sentence in legal force, for the purposes of offsetting of time of the imprisonment left in mistakenly appointed more severe looking of correctional facility, in time the imprisonment which is subject to departure based on the judgment decided as a result of review (cancellation or change) of initial sentence (other court resolution).

2. According to the Constitution of the Russian Federation in Russia as the constitutional state of people, its rights and freedoms are the supreme value, and their recognition, observance and protection - obligation of the state; rights and freedoms of man and citizen, and also equal rights and freedoms are recognized and guaranteed, they determine sense, content and application of the laws and are provided with justice (Article 1, part 1; Article 2; Article 17, part 1; Article 18 and 19). For maintenance of the main beginnings of the constitutional state in Russia the conditions promoting mutual trust of the state and society, balance of the rights and citizen's obligations are created, protection, including judicial is guaranteed, advantages, the rights and freedoms of citizens, the right of everyone to compensation by the state of the harm done by illegal actions or failure to act of public authorities and their officials is provided (Article 45, part 1; Article 46, part 1; Articles 53 and 75 (1) Constitutions of the Russian Federation).

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