On behalf of the Russian Federation
of July 16, 2015 No. 23-P
On the case of check of constitutionality of provisions of parts three - the seventh Article 109 and part three of Article 237 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen S. V. Makhina
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 parts three - the seventh Article 109 and part three of article 237 Code of Criminal Procedure of the Russian Federation.
Reason for consideration of the case was the claim of the citizen S. V. Makhina. 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. I. Boytsova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. Article 109 Code of Criminal Procedure of the Russian Federation regulating terms of detention fixes, in particular, the following requirements:
the term of detention can be prolonged over 12 months only in exceptional cases concerning persons accused of making of especially serious crimes, the judge of the court specified in part three of article 31 of this Code, or military court of appropriate level according to the petition of the investigator introduced from consent according to competence of the Chairman of the Investigative Committee of the Russian Federation or the head of investigating body of the corresponding federal executive body (in case of the corresponding federal executive body), up to 18 months (part three);
further prolongation of term is not allowed; the person accused who is held in custody is subject to immediate release, except as specified, of stipulated in Item 1 part eight and part vosmoy.1 this Article (part four);
materials of the criminal case ended by investigation shall be shown to the person accused who is held in custody and his defender not later than 30 days before the termination of deadline of the detention established by parts two and third this Article (part five);
if after the end of pretrial investigation the criminal case file was shown to the person accused and his defender later than in 30 days prior to the termination of deadline of detention, then after its expiration the person accused is subject to immediate release; at the same time for the person accused and his defender the right to acquaintance with the criminal case file remains (part six);
if after the end of pretrial investigation the terms for presentation of materials of this criminal case to the person accused and his defender provided by part five of this Article were observed, however 30 days for acquaintance with the criminal case file appeared it insufficiently, the investigator with the consent of the head of investigating body on the subject of the Russian Federation or the head of other investigating body having the right not later than 7 days before the expiration of deadline of detention equated to it to initiate the petition for prolongation of this term before the court specified in part three of article 31 of this Code or military court of appropriate level; if participates in criminal proceeding several persons accused who are held in custody and at least to one of them 30 days appeared insufficiently for acquaintance with the criminal case file, then the investigator has the right to initiate the specified petition concerning that person accused or those persons accused who studied the criminal case file if need for application to it or to them detention did not disappear and there are no bases for election of other measure of restraint (part seven).
The given regulations correspond to part three of article 237 Code of Criminal Procedure of the Russian Federation according to which in case of return of criminal case to the prosecutor the judge resolves issue of measure of restraint concerning the person accused; if necessary the judge prolongs the term of content of the person accused under guards for production of investigative and other legal proceedings taking into account terms, stipulated in Article the 109th this Code.
1.1. Constitutionality of parts three - the seventh article 109 Code of Criminal Procedure of the Russian Federation the citizen S. V. Makhin who, as appears from contents of its claim in the Constitutional Court of the Russian Federation, connects violation of the rights with their application in interrelation with part three of article 237 of this Code disputes.
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