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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 16, 2008 No. 9-P

On the case of check of constitutionality of provisions of Article 82 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen V. V. Kostylev

On behalf of the Russian Federation

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

with participation of the representative citizen V. V. Kostylev - the lawyer N. A. Opimakova, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

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 provisions of article 82 Code of Criminal Procedure of the Russian Federation in open session.

Reason for consideration of the case was the claim of the citizen V. V. Kostylev to violation of its constitutional rights provisions of the subitem "v" of Item of 1 part two of article 82 Code of Criminal Procedure of the Russian Federation. The basis to consideration of the case was the found uncertainty in question of whether there correspond these legislative provisions of the Constitution of the Russian Federation.

Having heard the message of the judge-speaker N. V. Seleznyov, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Investigative Committee under prosecutor's office of the Russian Federation - A. V. Timofeeva, from the Federal Customs Service - L. G. Podgorna, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

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