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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 27, 2008 No. 8-P

On the case of check of constitutionality of provision of part one of article 188 of the Criminal Code of the Russian Federation in connection with the claim of the citizen M. A. Aslamazyan

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

with participation of the representative citizen M. A. Aslamazyan - the lawyer V. V. Parshutkin, 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, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provision of part one of article 188 UK of the Russian Federation in open session.

Reason for consideration of the case was the claim of the citizen M. A. Aslamazyan. 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 declarant.

Having heard the message of the judge-speaker N. V. Melnikov, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation N. L. Khlebnikov, from the Investigative Committee under prosecutor's office of the Russian Federation - A. V. Timofeeva, from the Federal Customs Service - A. A. Naumova and L. G. Podgorna, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to part one of the article 188 "Smuggling" UK of the Russian Federation smuggling the movement in large size through customs border of the Russian Federation of goods or other objects made in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification or integrated to non declaration or doubtful declaring is recognized.

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