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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of September 23, 2014 No. 24-P

On the case of check of constitutionality of part 1 of article 6.21 of the Russian Federation Code of Administrative Offences in connection with the claim of citizens N. A. Alekseev, Ya. N. Yevtushenko and D. A. Isakov

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 part 1 of the article 6.21 Administrative Code of the Russian Federation.

Reason for consideration of the case was the claim of citizens N. A. Alekseev, Ya. N. Yevtushenko and D. A. Isakov. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by applicants.

Having heard the message of the judge-speaker N. S. Bondar, having researched the submitted documents and other materials, including written responses of 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. The article 6.21 Administrative Code of the Russian Federation establishes the administrative responsibility for the promotion of the nonconventional sexual relations among minors expressed in distribution of information directed to forming at minor nonconventional sexual installations, attractiveness of the nonconventional sexual relations, the distorted idea of social equivalence of the traditional and nonconventional sexual relations or imposing of information on the nonconventional sexual relations attracting interest in such relations if these actions do not contain penal act (part 1), and also the special structures of the corresponding administrative offenses formulated on signs of special subjects and means of their making are entered (parts 2 - 4).

Constitutionality of the article 6.21 Administrative Code of the Russian Federation is disputed by citizens N. A. Alekseev, Ya. N. Yevtushenko and D. A. Isakov who for making of the administrative offenses provided by its part 1, were brought to the administrative responsibility with appointment to everyone administrative punishment in the form of administrative penalty in the amount of 4000 rubles.

1.1. By the resolution of the magistrate judge of judicial site No. 5 of Oktyabrsky judicial district of the city of Arkhangelsk of December 3, 2013 (it is left without change the decision of October district court of the city of Arkhangelsk of January 23, 2014) it is determined that N. A. Alekseev saw off in the public place - at the building of children's library the single picket for the purpose of the promotion of the nonconventional sexual relations among minors expressed in demonstration of posters with texts "Gay propaganda does not exist" and "Do not become gays, are born gays!". The circumstances stated in the protocol on administrative offense, N. A. Alekseev did not dispute, but at the same time claimed that its actions were not promotion, and were directed to distribution of the objective information which cannot do harm to health, moral and spiritual development of minors. However its arguments were rejected by court as contradicting case papers.

By the resolution of the same magistrate judge of December 3, 2013 (it is left without change the decision of October district court of the city of Arkhangelsk of January 23, 2014) it is determined that in the same public place the similar action was carried out by Ya. N. Yevtushenko, helping N. A. Alekseev to hold posters with the specified texts. Ya. N. Yevtushenko's arguments that this public action aimed not at promotion of the nonconventional sexual relations, but exclusively information impact on minors were rejected by court as not found confirmations in case papers.

By the resolution of the magistrate judge of judicial site No. 3 of Sovetsky judicial district of the city of Kazan of December 19, 2013 (is left without change by the decision of the Soviet district court of the city of Kazan of February 11, 2014) which is taken out concerning D. A. Isakov it is determined that it held public event in the form of single picket during which the poster with the text was used "Be gay and love gays - it is normal. Beat gays and kill gays - it is criminal". The court came to conclusion that information containing in the text represents promotion of the nonconventional sexual relations. Arguments of D. A. Isakov claiming that picketing was carried out for the only purpose - to draw the attention of society to inadmissibility of use of violence to persons with nonconventional sexual orientation, were acknowledged insolvent especially as to the information extending it doing harm to health and development of children minors had access.

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