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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 7, 2015 No. 7-P

On the case of check of constitutionality of provisions of Items 1 and 2 of Article 1064 of the Civil code of the Russian Federation and the Item "and" of part two of article 166 of the Criminal Code of the Russian Federation in connection with the claim of the citizen V. V. Kryazhev

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 Items 1 and 2 of Article 1064 of Civil Code of the Russian Federation and the Item "and" of part two of article 166 UK of the Russian Federation.

Reason for consideration of the case was the claim of the citizen V. V. Kryazhev. 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 the applicant of legislative provision.

Having heard the message of the judge-speaker S. M. Kazantsev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Article 1064 of Civil Code of the Russian Federation fixing the general bases of responsibility for damnification provides, in particular, that the harm done to the personality or property of the citizen, and also the harm done to property of the legal entity is subject to compensation in full by person which did harm (paragraph one of Item 1); person which did harm is exempted from indemnification if proves that harm is done not through his fault (Item 2).

According to article 166 UK of the Russian Federation establishing criminal liability for illegal occupancy by the car or other vehicle without the purpose of plunder (stealing), this crime committed by group of persons by previous concert is punished by penalty at the rate to two hundred thousand rubles or in the amount of the salary or other income of the convict for the period up to eighteen months, or forced labor for a period of up to five years, or imprisonment for a period of up to seven years (the part two Item "and").

1.1. Sentence of Trusovsky district court of the city of Astrakhan of February 28, 2013 the citizen To., taken control without the plunder purpose of the car belonging to the applicant on this case citizen V. V. Kryazhev it was condemned for stipulated in Item "and" parts two of article 166 UK of the Russian Federation act as made as a part of group of persons by previous concert (together with the citizen M. concerning whom the conviction was decided earlier). At the same time the court recognized for V. V. Kryazhev as injured on this criminal case the right to satisfaction of the civil action to To. about compensation of property and moral harm also submitted question of the amount of compensation according to the procedure of civil legal proceedings.

V. V. Kryazhev was also recognized as the victim on the criminal case brought on September 17, 2012 on essential elements of offense, stipulated in Item "in" part two of article 158 UK of the Russian Federation (the theft committed with causing significant damage to the citizen) in connection with the theft of the same car committed by the unknown person after its stealing. Pretrial investigation on this criminal case was suspended based on Item of 1 part one of article 208 Code of Criminal Procedure of the Russian Federation (the face which is subject to attraction as the person accused is not established). At the same time the stolen car is not found, accusation in its theft To. and M. was not shown.

In satisfaction of the action for declaration of V. V. Kryazhev about compensation of the property and moral harm done to it made To. by crime (M. partially indemnified loss in voluntary procedure), the decision of the magistrate judge of judicial site No. 4 of Leninsky district of the city of Astrakhan of May 22, 2013 left without change appeal determination of Leninsky district court of the city of Astrakhan of July 8, 2013 it was refused. Courts motivated the decision with the fact that V. V. Kryazhev's car became subject of two consistently committed, but independent crimes - stealing and theft; at the same time To. it was condemned only for stealing of the car, guilty only person who committed its theft can be found of causing to the claimant of damage.

By determination of the judge of the Astrakhan regional court of October 31, 2013 to V. V. Kryazhev it was also refused transfer of the writ of appeal on the specified court decrees for consideration in judicial session of court of cassation instance. The writ of appeal of V. V. Kryazhev sent to the Supreme Court of the Russian Federation is returned without consideration on the merits as given with abuse of regulations of cognizance, stipulated in Clause 377 GPK of the Russian Federation as the case on its claim permitted by the magistrate judge was not considered in essence in presidium of the Astrakhan regional court (the letter of December 6, 2013). The writ of appeal of V. V. Kryazhev on the specified court decrees is also returned by determination of the judge of the Astrakhan regional court of January 21, 2014 without consideration.

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