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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of October 21, 2014 No. 25-P

On the case of check of constitutionality of provisions of parts three and the ninth Article 115 of the Code of penal procedure of the Russian Federation in connection with claims of Aurora Low-rise Construction limited liability company and citizens V. A. Shevchenko and M. P. Eydlen

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 provisions of parts three and the ninth article 115 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case were claims of Avrora maloetazhnoye stroitelstvo LLC and citizens V. A. Shevchenko and M. P. Eydlen. 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 G. A. Zhilin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 115 Code of Criminal Procedure of the Russian Federation providing in quality of measure of procedural coercion the property attachment applied to ensuring execution of sentence regarding the civil action, other property penalties or possible confiscation of property, the investigator with the consent of the head of investigating body, and also the investigator with the consent of the prosecutor initiate before court the petition for property attachment of the suspect, the person accused or persons bearing liability for their actions (part one) under the law; it can be seized the property which is at other persons if there are good causes to believe that it is received as a result of criminal acts of the suspect, the person accused or was used or intended for use as the crime instrument or for financing of terrorism, extremist activities (extremism), organized group, illegal armed group, criminal society (the criminal organization) (part three); property attachment is cancelled based on the resolution, determination of person or body in which production there is criminal case when in application of this measure need (part nine) disappears.

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