On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 17, 2015 No. 33-P

On the case of check of constitutionality of Item 7 parts two of Article 29, parts four of Article 165 and part one of Article 182 of the Code of penal procedure of the Russian Federation in connection with the claim of citizens of A. V. Balyan, M. S. Dzyuba and others

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 Item 7 parts two of Article 29, of part four of Article 165 and part one of article 182 Code of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the claim of citizens A. V. Balyan, M. S. Dzyuba, S. V. Nikolaev, V. V. Parnachev, D. V. Petrov, V. V. Prokhorov, M. V. Rozhkov and L. V. Yurchenko. 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 applicants of legislative provision.

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

established:

1. Applicants on this case citizens A. V. Balyan, M. S. Dzyuba, S. V. Nikolaev, V. V. Parnachev, D. V. Petrov, V. V. Prokhorov, M. V. Rozhkov and L. V. Yurchenko dispute constitutionality of following provisions of the Code of penal procedure of the Russian Federation:

Item 7 parts two of Article 29, according to which during pre-judicial production only the court is competent to make decisions on production of dredging of the objects and documents containing the state or protected by the Federal Law other secret and also the objects and documents containing information on deposits and accounts of citizens in banks and other credit institutions;

Article parts four 165, determining that after consideration of the petition for production of investigative action the judge issues the decree on permission of production of investigative action or on refusal in its production with indication of motives of refusal;

Article parts one 182, according to which the basis of production of search is availability of sufficient data to believe that in any place or any person can have tools, the equipment or other means of crime execution, objects, documents and values which can matter for criminal case.

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