Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC
Герб  оссии

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of September 18, 2013 No. AKPI13-679

About refusal in allowance of the application about recognition partially invalid Item 46 of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation execution of the state function on control and supervision of observance by participants of traffic of requirements in the field of traffic safety, utv. The order of the Ministry of Internal Affairs of the Russian Federation of 02.03.2009 No. 185

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Zaytsev V. Yu.,

in case of S. A. secretary,

with participation of the prosecutor Korobkov E. I.,

established:

The applicant in court was not, on the place and time of judicial session is informed properly.

Representatives of the Ministry of Internal Affairs of the Russian Federation B.R., M.D., S. E. and T., the representative of the Ministry of Justice of the Russian Federation of B. K. the declared requirement was not recognized, referring to the fact that reasons for its satisfaction are not available as the legislation of the Russian Federation does not carry the information about the asset holder of special technical means to compulsory provisions of their use by police in case of production on cases on administrative offenses.

Having heard explanations of representatives of interested persons and having studied case papers, having listened to the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Korobkov E. I., the applicant believing the requirement to leave without satisfaction, the court finds M.M.'s statement not subject to satisfaction in connection with the following.

Part 3 of article 11 of the Federal Law of February 7, 2011 No. 3-FZ "About police" affirms police power to use technical means, including means of audio-, photo and video fixing, in case of documentation of circumstances of making of crimes, administrative offenses, circumstances of incidents, including in public places, and also for fixation of actions of the police officers who are carrying out the obligations assigned to them. At the same time owing to article 2 of this Federal Law traffic safety, the prevention and control of offenses and administrative offenses, production on cases on administrative offenses belong to the main activities of police.

The right of State Inspection for Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation to use in accordance with the established procedure of special technical means for identification and fixing of road traffic offenses is enshrined also in the subitem "m" of Item 12 No. 711 of the Regulations on the specified Inspection approved by the Presidential decree of the Russian Federation of June 15, 1998.

The Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences) calls as one of reasons for initiation of proceedings about administrative offense fixing of administrative offense in the field of the traffic made with use of the vehicle, the special technical means working in the automatic mode having functions photo and filmings, videos (Item 4 of part 1 of Article 28. 1). Owing to part 2 of article 26.2 Code of the Russian Federation on Administrative Offences of the indication of special technical means can be proofs on the case of administrative offense.

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