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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 11, 2014 No. 32-P

On the case of check of constitutionality of provisions of article 159.4 of the Criminal Code of the Russian Federation in connection with request of the Salekhard city court of the Yamalo-Nenets Autonomous Area

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,

with participation of the judge of the Salekhard city court of the Yamalo-Nenets Autonomous Area D. V. Yakovlev, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of article 159.4 UK of the Russian Federation in open session.

Reason for consideration of the case was the request of the Salekhard city court of the Yamalo-Nenets Autonomous Area. 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 legislative provision request.

Having heard the message of the judge-speaker N. V. Seleznyov, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Internal Affairs of the Russian Federation - G. V. Marjan, from the Investigative Committee of the Russian Federation - G. K. Smirnova, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs - A. A. Ryabova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 159.4 UK of the Russian Federation (it is entered by the Federal Law of November 29, 2012 No. 207-FZ "About introduction of amendments to the Criminal Code of the Russian Federation and separate legal acts of the Russian Federation") the fraud integrated to deliberate non-execution of contractual commitments in the field of business activity is punished by penalty at the rate to five hundred thousand rubles or in the amount of the salary or other income of the convict for the period up to one year, or obligatory works for a period of up to two hundred forty hours, or restriction of freedom for a period of up to one year, or forced labor for a period of up to one year, or imprisonment for the same term (part one); the same act made in large size is punished by penalty at the rate to one million rubles or in the amount of the salary or other income of the convict for the period up to two years, or forced labor for a period of up to three years, or imprisonment for the same term with restriction of freedom for a period of up to one year or without that (part two); the same act made in especially large size is punished by penalty at the rate to one million five hundred thousand rubles or in the amount of the salary or other income of the convict for the period up to three years, or forced labor for a period of up to five years, or imprisonment for the same term with restriction of freedom for a period of up to two years or without that (part three).

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