On behalf of the Russian Federation
of November 11, 2014 No. 28-P
On the case of check of constitutionality of provisions of part 1 of article 1 of the Federal law "About Compensation for Violation of the Right to Legal Proceedings in Reasonable Time or the Rights to Execution of the Court Ruling in Reasonable Time" and part three of Article 6.1 of the Code of penal procedure of the Russian Federation in connection with claims of citizens V. V. Kurochkin, A. B. Mikhaylov and A. S. Rusinov
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 part 1 of article 1 of the Federal law "About Compensation for Violation of the Right to Legal Proceedings in Reasonable Time or the Rights to Execution of the Court Ruling in Reasonable Time" and part three of article 6.1 Code of Criminal Procedure of the Russian Federation.
Reason for consideration of the case were claims of citizens V. V. Kurochkin, A. B. Mikhaylov and A. S. Rusinov. 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 N. V. Seleznyov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 1 of article 1 of the Federal Law of April 30, 2010 No. 68-FZ "About compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time" citizens of the Russian Federation, foreign citizens, stateless persons, the Russian, foreign and international organizations which are in legal procedure by the parties or the third parties declaring independent requirements concerning matter in issue, claimants, debtors, and also suspects, persons accused, defendants, convicts, the acquitted, injured, civil claimants, civil defendants in criminal trial in the cases provided by the Federal Law other interested persons in case of violation of their right to legal proceedings in reasonable time or the rights to execution of the court ruling providing the address of collection at the expense of budgets of budget system of the Russian Federation in reasonable time can take a legal action, Arbitration Court with the statement for the award of compensation for such violation according to the procedure established by this Federal Law and the procedural legislation of the Russian Federation.
According to part three of article 6.1 Code of Criminal Procedure of the Russian Federation in case of determination of reasonable time of criminal trial which includes the period from the moment of the beginning of implementation of criminal prosecution until the termination of criminal prosecution or removal of conviction such circumstances as legal and actual complexity of criminal case, behavior of participants of criminal trial, sufficiency and efficiency of actions of court, the prosecutor, head of investigating body, the investigator, chief of division of inquiry, body of inquiry, the investigator made for the purpose of timely implementation of criminal prosecution or consideration of criminal case and general duration of criminal trial are considered.
1.1. Constitutionality of part 1 of article 1 of the Federal law "About Compensation for Violation of the Right to Legal Proceedings in Reasonable Time or the Rights to Execution of the Court Ruling in Reasonable Time" is disputed by the citizen V. V. Kurochkin to whom by resolutions of officials of investigative department of Leninsky district of the city of Novosibirsk it was repeatedly refused initiation of legal proceedings according to the statement for crime, the stipulated in Article 145.1 UK Russian Federation (nonpayment of the salary) submitted to them in April, 2009. The first of these proceeding decisions was taken out on October 29, 2009, and the last and final (in view of the expiration during investigation verification of prescriptive limits of criminal prosecution of the head of the organization specified in the statement for crime) - on November 10, 2012.
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