On behalf of the Russian Federation
of July 14, 2015 No. 20-P
On the case of check of constitutionality of part 2 of Article 1.7 and Item 2 of article 31.7 of the Russian Federation Code of Administrative Offences in connection with request of the magistrate judge of judicial site No. 1 of the Vyksa judicial district of the Nizhny Novgorod Region
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, O. S. Hokhryakova, V. G. Yaroslavtsev,
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, 47.1, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",
Reason for consideration of the case was the request of the magistrate judge of judicial site No. 1 of the Vyksa judicial district of the Nizhny Novgorod Region. 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 A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 2 of the article 1.7 Administrative Code of the Russian Federation the law mitigating or canceling the administrative responsibility for administrative offense or otherwise improving provision of person who made administrative offense has retroactive force, i.e. extends also to person who made administrative offense to the introduction of such law in force and concerning whom the resolution on purpose of administrative punishment is not performed; the law establishing or aggravating the administrative responsibility for administrative offense or otherwise worsening situation of person, has no retroactive force.
Item 2 of article 31.7 of this Code provides that the judge, body, the official who issued the decree on purpose of administrative punishment stop execution of the resolution in case of cancellation or recognition voided the law or its provision establishing the administrative responsibility for deeds.
This resolution left without change by the decision of the Vyksa city court of the Nizhny Novgorod Region of December 4, 2014 took legal effect.
Between that Federal Law of December 22, 2014 No. 430-FZ "About introduction of amendments to article 171.2 of the Criminal Code of the Russian Federation and articles 14.1.1 and 28.3 of the Russian Federation Code of Administrative Offences", enacted since January 3, 2015, part 1 of the article 14.1.1 Administrative Code of the Russian Federation was reworded as follows, and the administrative responsibility for the illegal organization and carrying out gamblings out of gambling zone and with use of Internet network is kept only for legal entities. The same Federal Law reworded as follows also the article 171.2 "Illegal Organization and Carrying Out Gamblings" UK of the Russian Federation which provided that the illegal organization and (or) carrying out gamblings with use of the gaming equipment out of gambling zone, or with use of information and telecommunication networks, including Internet networks, and also means of communication, including mobile communication, or without the operating authority got in accordance with the established procedure on the organization and carrying out gamblings in gambling zone are 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 three years, or obligatory works for a period of hundred eighty till two hundred forty o'clock, or restriction of freedom for a period of up to four years, or imprisonment for a period of up to two years (part one).
On January 26, 2015 to the magistrate judge of judicial site No. 1 of the Vyksa judicial district of the Nizhny Novgorod Region R. A. Ogurtsov's petition for the termination of execution of the decree issued concerning it in connection with cancellation of the administrative responsibility for the act imputed to it arrived.
1.2. Owing to requirements of Articles 74, 101 and 102 Federal constitutional laws "About the Constitutional Court of the Russian Federation" the Constitutional Court of the Russian Federation, checking constitutionality of the legislative provisions disputed by it at the request of court, accepts the resolution in the subject specified in request, estimating both literal sense of the considered legislative provisions, and the sense given them by official and other interpretation, and also the developed law-enforcement practice and proceeding from their place in system of precepts of law.
As the applicant claims, the legislative provisions disputed by him contradict Articles 2, 15 (part 1), 18, 19 (part 1) and 54 (part 2) Constitutions of the Russian Federation as, providing the unconditional termination of execution of the resolution on purpose of administrative punishment which took legal effect in case the law establishing the administrative responsibility for specific act is repealed in connection with establishment of criminal liability for this act, do not provide goal achievement of administrative punishment of person for the offense made by it.
Respectively, subject of consideration of the Constitutional Court of the Russian Federation of this case are the provisions of part 2 of Article 1.7 and Item 2 of the article 31.7 Administrative Code of the Russian Federation acting as legal basis for the solution of question of the termination of execution of the court order which took legal effect on purpose of administrative punishment in case of cancellation of the law establishing the administrative responsibility for the corresponding act in case of introduction of criminal liability for its making.
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