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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 17, 2016 No. 5-P

On the case of check of constitutionality of provisions of Item 6 of article 8 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation", parts 1 and 3 of article 18.8 of the Russian Federation Code of Administrative Offences and subitem 2 parts one of article 27 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation" in connection with the claim of the citizen of the Republic of Moldova M. Tsurkan

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, G. A. Gadzhiyeva, Yu. M. Danilova, 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 provisions of Item 6 of article 8 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation", parts 1 and 3 of the article 18.8 Administrative Code of the Russian Federation and the subitem 2 parts one of article 27 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation".

Reason for consideration of the case was the claim of the citizen of the Republic of Moldova M. Tsurkan. 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 K. V. Aranovsky, having studied the submitted documents and other materials, including written responses of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov and the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the Constitutional Court of the Russian Federation

established:

1. The citizen of the Republic of Moldova M. Tsurkan disputes constitutionality of the following legislative provisions:

Item 6 of article 8 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation", assigning to the foreign citizen who is constantly living in the Russian Federation obligation annually to notify on confirmation of the residence in the Russian Federation territorial authority of federal executive body in the field of migration in the place of receipt of the residence permit by this foreign citizen;

parts 1 of the article 18.8 Administrative Code of the Russian Federation according to which the violation by the foreign citizen or stateless person of rules of entry into the Russian Federation or the mode of stay (residence) in the Russian Federation expressed in violation of statutory rules of entry into the Russian Federation, in abuse of regulations of migration registration, movement or procedure for the choice of the place of stay or residence, transit through the territory of the Russian Federation in non-execution of obligations according to the notification on confirmation of the residence in the Russian Federation in the cases established by the Federal Law attracts imposing of administrative penalty at the rate from two thousand to five thousand rubles with administrative expulsion out of limits of the Russian Federation or without that;

parts 3 of the article 18.8 Administrative Code of the Russian Federation according to which the violations provided by part of 1 this Article, made in the federal city of Moscow or St. Petersburg or in the Moscow or Leningrad region attract imposing of administrative penalty at the rate from five thousand to seven thousand rubles with administrative expulsion out of limits of the Russian Federation;

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