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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 16, 2015 No. 22-P

On the case of check of constitutionality of provision of article 226.1 of the Criminal Code of the Russian Federation in connection with claims of citizens of the Republic of Kazakhstan O. E. Nedashkovsky and S. P. Yakovlev

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, 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 provision of article 226.1 UK of the Russian Federation.

Reason for consideration of the case were claims of citizens of the Republic of Kazakhstan O. E. Nedashkovsky and S. P. Yakovlev. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by applicants.

As both claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.

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

established:

1. Article 226.1 UK of the Russian Federation provides criminal liability for smuggling, i.e. illicit movement through customs border of the Customs union within EurAsEC or Frontier of the Russian Federation with state members of the Customs union within EurAsEC of the strong, poisonous, poisoning, explosive, radioactive materials, radiation sources, nuclear materials, firearms or its main parts, destructive devices, ammunition, weapons of mass destruction, means of its delivery, other arms, other military equipment, and also materials and the equipment which can be used during creation of weapons of mass destruction, means of its delivery, other arms, other military equipment, and equally strategically important goods and resources or cultural values or especially valuable wild animals and water biological resources.

1.1. The citizen of the Republic of Kazakhstan O. E. Nedashkovsky was found by sentence of October district court of the city of Yekaterinburg of June 2, 2014 guilty of crime execution, provided by part one of article 226.1 UK of the Russian Federation which was expressed in illicit movement through Frontier of the Russian Federation with the Republic of Kazakhstan of strong substance 1 testosterone (in the form of its ethers) the mass of 2,056 of gram as a part of liquid in two ampoules with text of "Sustanon" and the same strong substance (in the form of its ether) the mass of 3,792 of gram as a part of liquid in four ampoules with text "To testosterone propionat", and also strong substance станозолол the mass of 12,164 of gram as a part of tablets in reservoir with text of "Azolol".

In making of the same crime, namely testosterone (in the form of its ethers) метандиенон (methandrostenolone) the mass of 1,938 of gram as a part of tablets in packaging with text of "Danabol-methandienone", sentence of October district court of the city of Yekaterinburg of May 16, 2014 is found by the mass of 1,826 of gram as a part of liquid in two ampoules with text of "Sustanon" and strong substance of smuggling of strong substance 1 guilty the citizen of the Republic of Kazakhstan S. P. Yakovlev.

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