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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 16, 2016 No. 4-P

On the case of check of constitutionality of provisions of part 2 of article 18.1 of the Russian Federation Code of Administrative Offences, article 11 of the Law of the Russian Federation "About frontier of the Russian Federation" and article 24 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation" in connection with claims of the Commissioner for Human Rights in the Russian Federation and citizen of the Federal Republic of Nigeria H. E. Uvanguye

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,

with participation of the citizen of the Federal Republic of Nigeria H. E. Uvanguye, his representative - Candidate of Law Sciences V. K. Mikhaylov, the representative of the Commissioner for Human Rights in the Russian Federation - A. V. Bazhanov, 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, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

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, 74, 86, 87, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of provisions of part 2 of the article 18.1 Administrative Code of the Russian Federation, article 11 of the Law of the Russian Federation "About Frontier of the Russian Federation" and article 24 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation".

Reason for consideration of the case were claims of the Commissioner for Human Rights in the Russian Federation and the citizen of the Federal Republic of Nigeria H. E. Uvanguye. 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 K. V. Aranovsky, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from Federal Security Service of the Russian Federation - Yu. A. Kostina, from the Federal Migration Service - I. V. Rykova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Part 2 of the article 18.1 Administrative Code of the Russian Federation provides the administrative responsibility for violation by the foreign citizen or stateless person of rules of crossing of Frontier of the Russian Federation.

Article 11 of the Law of the Russian Federation of April 1, 1993 No. 4730-1 "About Frontier of the Russian Federation" carries to the bases for the omission of persons through Frontier of the Russian Federation availability of the valid documents on the right of entry of persons into the Russian Federation or their departure from the Russian Federation (part two).

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