On behalf of the Russian Federation
of February 25, 2016 No. 6-P
On the case of check of constitutionality of Item of 1 part three of Article 31 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen A. S. Lymar
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 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, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered case on check of constitutionality of Item of 1 part three of article 31 Code of Criminal Procedure of the Russian Federation in open session.
Reason for consideration of the case was the claim of the citizen A. S. Lymar. 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 declarant of legislative provision.
Having heard the message of the judge-speaker Yu. M. Danilov, explanation of the agent of the party, adopted and signed the disputed act, performances invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
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