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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 17, 2011 No. 22-P

On the case of check of constitutionality of parts one and the second Article 133 of the Code of penal procedure of the Russian Federation in connection with claims of citizens V. A. Tikhomirova, I. I. Tikhomirova and I. N. Sardyko

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

being guided by Article 125 (part 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 parts one and the second article 133 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case were claims of citizens V. A. Tikhomirova, I. I. Tikhomirova and I. N. Sardyko. 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 A. I. Boytsova, having studied the submitted documents and other materials, including explanations of the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov and the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the Constitutional Court of the Russian Federation established:

1. According to article 133 Code of Criminal Procedure of the Russian Federation the right to rehabilitation includes the right to compensation of property harm, elimination of effects of moral harm and recovery in labor, pension, housing and other rights; the harm done to the citizen as a result of criminal prosecution is compensated by the state in full irrespective of fault of body of inquiry, the investigator, the investigator, the prosecutor and court (part one); the right to rehabilitation, including the right to indemnification, connected with criminal prosecution, have: the defendant concerning whom the verdict of not guilty is pronounced; the defendant concerning whom criminal prosecution is stopped in connection with refusal of the state prosecutor of accusation; the suspect or the person accused concerning whom criminal prosecution is stopped on the bases provided by Items 1, of 2, 5 both 6 parts one of Article 24 and Items 1 and 4 - 6 parts one of article 27 of this Code; the convict - in cases of complete or partial cancellation of the conviction of court and the termination of criminal case which took legal effect on the bases provided by Items 1 and 2 of part one of article 27 of this Code; person to whom enforcement powers of medical nature were applied, - in case of cancellation of the illegal or unreasonable court order about application of this measure (part two).

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