Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

On behalf of the Russian Federation


of December 10, 2014 No. 31-P

On the case of check of constitutionality of parts six and the seventh Article 115 of the Code of penal procedure of the Russian Federation in connection with the claim of Gloria private company

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 parts six and the seventh article 115 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of Gloria Ltd. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed in the claim of legislative provision.

Having heard the message of the judge-speaker G. A. Gadzhiyev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation


1. The applicant on this case of Gloria Ltd disputes constitutionality of following provisions of the Code of penal procedure of the Russian Federation:

Article parts six 115, providing that the property on which for the purpose of ensuring execution of sentence regarding the civil action, other property penalties or possible confiscation it is seized, can be withdrawn or transferred at the discretion of person making arrest to storage to the owner or the owner of this property or the other person who shall be warned about responsibility for safety of property about what the corresponding entry in the protocol is made;

Article parts seven 115, according to which in case of seizure of the money and other values which are on the account belonging to the suspect, the person accused in contribution or stored in banks and other credit institutions, transaction on this account stop fully or partially within money and other values which it is seized; heads of banks and other credit institutions shall provide information on this money and other values at the request of court, and also the investigator or the investigator based on the judgment;


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