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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 10, 2016 No. 7-P

On the case of check of constitutionality of part of 1 Article 21, parts 2 of Article 22 and part 4 of article 46 of the Federal law "About Enforcement Proceeding" in connection with the claim of the citizen M. L. Rostovtsev

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 part of 1 Article 21, of part 2 of Article 22 and part 4 of article 46 of the Federal law "About Enforcement Proceeding".

Reason for consideration of the case was the claim of the citizen M. L. Rostovtsev. 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 G. A. Gadzhiyev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The applicant on this case citizen M. L. Rostovtsev disputes constitutionality of following provisions of the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding":

parts of 1 Article 21, according to which the writs of execution issued based on court resolutions except for of the writs of execution specified in parts 2, 4 and 7 these Articles can be shown to execution within three years from the date of the introduction of court resolution in legal force;

speak rapidly 2 Articles 22, according to which after break the current of term of presentation of the executive document to execution renews; time which expired before interruption of term in new time is not set off;

speak rapidly 4 Articles 46, according to which return to the claimant of the executive document is not obstacle for repeated presentation of the executive document to execution within term, the stipulated in Clause 21 this Federal Law.

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