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, утв. 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.,

having considered in proceeding in open court civil case according to M.M.'s statement for recognition partially invalid Item 46 of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation of execution of the state function on control and supervision of observance by participants of traffic of requirements in the field of safety of the traffic approved by the order of the Ministry of Internal Affairs of the Russian Federation of March 2, 2009 No. 185, in edition of the order of the Ministry of Internal Affairs of the Russian Federation of August 13, 2012 No. 780

established:

the order of the Ministry of Internal Affairs of the Russian Federation of March 2, 2009 г.№185 approves the 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 (further - Administrative regulations) determining operations procedure of staff of the law-enforcement bodies connected with realization of the specified state function. This regulatory legal act is registered in the Ministry of Justice of the Russian Federation on June 18, 2009, registration number 14112, and is published on July 7, 2009 in "The Russian newspaper".

M.M. appealed to the Supreme Court of the Russian Federation with the statement which of content it follows that the requirement of the applicant actually comes down to recognition of the invalid footnote <2> to Item 46 of Administrative regulations determining that the general instruction about prohibition of use by employees in case of control of traffic of the special technical means which are not consisting on balance of law-enforcement bodies does not extend to the special technical means which are working in the automatic mode and having functions photo and filmings, zvuko-and videos. According to the applicant, the State Inspection for Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation has no right to use indications of the special technical means received from third legal entities in this connection the disputed instruction does not correspond to the current legislation of the Russian Federation and violates its rights as based on the data obtained by means of the special technical tool which is not consisting on balance of law-enforcement bodies he was brought to the administrative responsibility for exceeding of the established movement speed.

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.

From the given legislative provisions it is visible that the possibility of use of special technical means, including the functions working in the automatic mode and having photo and filmings, zvuko-and videos, does not contact their stay on balance of relevant organs. The federal legislator it is only established that measuring devices which are used as special technical means shall be approved in accordance with the established procedure as gages, have appropriate certificates and undergo metrological checking.

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