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Герб России

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 20, 2007 No. 13-P

On the case of check of constitutionality of number of provisions of Articles 402, 433, 437, 438, 439, 441, 444 and 445 Codes of penal procedure of the Russian Federation in connection with claims of citizens S. G. Ablamsky, O. B. Lobashova and V. K. Matveev

Constitutional court of the Russian Federation as a part of the chairman - the judge G. A. Zhilin, judges Yu. M. Danilov, L. M. Zharkova, V. D. Zorkin, S. M. Kazantsev, M. I. Kleandrov, N. V. Melnikov, N. V. Seleznyov,

with participation of citizens S. G. Ablamsky and O. B. Lobashova, representatives of the citizen O. B. Lobashova - lawyers Yu. L. Yershov and V. P. Noskov, the representative of the State Duma - Candidate of Law Sciences E. A. Fomina and the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered

in open session case on check of constitutionality of number of provisions of Articles 402, 433, 437, 438, 439, 441, 444 and 445 Codes of Criminal Procedure of the Russian Federation.

Reason for consideration of the case were claims of citizens S. G. Ablamsky, O. B. Lobashova and V. K. Matveev. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As all claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.

Having heard the message of the judge-speaker N. V. Melnikov, explanation of agents of the parties, the expert opinion - doctors of jurisprudence S. P. Shcherby, speech of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. L. Oksyuka, from the Ministry of Internal Affairs of the Russian Federation - K. E. Lyubimova, from the Ministry of Health and Social Development of the Russian Federation - B. A. Kazakovtseva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. Citizens S. G. Ablamsky, O. B. Lobashova and V. K. Matveev ask to recognize not corresponding to the Constitution of the Russian Federation number of provisions of the Code of penal procedure of the Russian Federation which regulate production on application of enforcement powers of medical nature concerning person who made the act prohibited by the penal statute in diminished responsibility condition.

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