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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT 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",

considered in meeting without carrying out hearing case on check of constitutionality of part 2 of Article 1.7 and Item 2 of the article 31.7 Administrative Code 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

established:

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.

1.1. Constitutionality of the given legislative provisions is disputed in request of the magistrate judge of judicial site No. 1 of the Vyksa judicial district of the Nizhny Novgorod Region whose resolution of September 26, 2014 the citizen R. A. Ogurtsov was found guilty of making of the administrative offense provided by part 1 of the article 14.1.1 Administrative Code of the Russian Federation (in edition of the Federal Law of July 20, 2011 No. 250-FZ), the gaming equipment expressed in the organization and carrying out gamblings with use out of gambling zone and with use of Internet network, and to it, as to the individual entrepreneur, i.e. bearing the administrative responsibility as the official (the note to the article 2.4 Administrative Code of the Russian Federation), administrative fine in the amount of thirty thousand rubles was ordered to pay.

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.

Having come to conclusion that there is uncertainty in question of constitutionality of provisions of part 2 of Article 1.7 and Item 2 of the article 31.7 Administrative Code of the Russian Federation, the magistrate judge of judicial site No. 1 of the Vyksa judicial district of the Nizhny Novgorod Region the determination of January 28, 2015 suspended proceeedings and appealed to the Constitutional Court of the Russian Federation with request about check of their constitutionality.

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