RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 27, 2013 No. 22

About application of the legislation by courts by hearing of cases about administrative supervision

Due to the questions arising at courts by hearing of cases about administrative supervision of persons exempted from places of detention, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 9 and 14 of the Federal constitutional Law "About Courts of Law in the Russian Federation", decides to make to courts the following explanations:

1. For the purpose of the prevention of making by persons exempted from places of detention, crimes and other offenses and also for protection of the state and public concerns by a court decision for specified persons the administrative supervision exercised by law-enforcement bodies on the conditions and according to the procedure provided by the Federal Law of April 6, 2011 No. 64-FZ "About administrative supervision of persons exempted from places of detention" can be established (further - the Federal Law No. 64-FZ, the Law).

Cases on statements for establishment, on prolongation, early termination of administrative supervision, and also on partial cancellation or amendment of the administrative restrictions which are earlier set to the person under surveillance to person are referred by article 245 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) to the cases arising from public legal relationship in this connection they are subject to consideration and permission based on article 246 CCP of the Russian Federation with the features provided by Chapters 23 and 26.2 of the CCP of the Russian Federation.

2. According to parts 2 and 3 of article 261.5 CCP of the Russian Federation of case on administrative supervision of persons exempted from places of detention are considered by court in the location of correctional facility in which the convict serves custodial sanction, and cases on establishment, on prolongation, early termination, partial cancellation of administrative supervision of persons exempted from places of detention, and also on amendment of the administrative restrictions which are earlier set by the person under surveillance to persons - court in the place of their residence or stay.

According to part 1, to Item 1 of part 3 of article 3 of the Federal Law No. 64-FZ behind the full age persons exempted or exempted from places of detention, having the outstanding or not removed criminal record for making of heavy or especially serious crime or crime in case of recurrence of crimes or intentional crime concerning the minor, administrative supervision is established by court on condition of their recognition during serving sentence in places of detention by malicious violators of established procedure of serving sentence. If these persons during serving sentence by malicious violators were not recognized, then administrative supervision can be applied when making by them after release from places of detention within one year of two and more administrative offenses against the procedure for management and (or) administrative offenses encroaching on public order and public safety and (or) on health of the population and public morality.

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