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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 31, 2016 No. 14-P

On the case of check of constitutionality of provisions of article 31.1 of the Federal law "About Highways and about Road Activities in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation", the Order of the Government of the Russian Federation "About Collection of Payment on account of the Indemnification Caused to Highways Public of Federal Importance by the Vehicles Having the Permitted Maximum Weight Over 12 Tons" and article 12.21.3 of the Russian Federation Code of Administrative Offences in connection with request of group of deputies of the State Duma

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 representative of group of deputies of the State Duma - the deputy of the State Duma Yu. P. Sinelshchikov, the representative of the Federation Council - the doctor of jurisprudence A. P. Kucherenko, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky,

being guided by Article 125 (the part Item "and" 2) Constitutions of the Russian Federation, the subitem "an" of Item of 1 part one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 84, 85 and 86 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of article 31.1 of the Federal law "About Highways and about Road Activities in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation", the order of the Government of the Russian Federation "About Collection of Payment on account of the Indemnification Caused to Highways Public of Federal Importance by the Vehicles Having the Permitted Maximum Weight Over 12 Tons" and the article 12.21.3 Administrative Code of the Russian Federation in open session.

Reason for consideration of the case was the request of group of deputies of the State Duma. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the normative provisions challenged in request.

Having heard the message of the judge-speaker O. S. Hokhryakova, 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 the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs - A. A. Ryabova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Federal Law of April 6, 2011 No. 68-FZ "About modification of the Budget code of the Russian Federation and separate legal acts of the Russian Federation" into the Federal Law of November 8, 2007 No. 257-FZ "About highways and about road activities in the Russian Federation and about modification of separate legal acts of the Russian Federation" enters Article 31. According to which 1, movement of the vehicles having the permitted maximum weight over 12 tons on highways public of federal importance is allowed on condition of introduction of payment on account of the indemnification caused to highways by such vehicles which amount and procedure for collection are established by the Government of the Russian Federation.

The order of the Government of the Russian Federation of June 14, 2013 No. 504 "About collection of payment on account of the indemnification caused to highways public of federal importance by the vehicles having the permitted maximum weight over 12 tons" establishes the amount of this payment and the rule of its collection.

The Federal Law of April 6, 2011 No. 68-FZ Russian Federation Code of Administrative Offences is added with Article 12.21. According to which 3, (in edition of the Federal Law of December 14, 2015 No. 378-FZ) movement of the vehicle having the permitted maximum weight over 12 tons on highways public of federal importance without introduction of payment on account of the indemnification caused to highways public of federal importance by such vehicle if introduction of such payment is obligatory, attracts imposing of administrative penalty on the transport drivers belonging to foreign carriers and on owners (owners) of vehicles, except for the vehicles belonging to foreign carriers in the amount of five thousand rubles (part 1); repeated making of the administrative offense provided by part of 1 this Article attracts imposing of administrative penalty on the transport drivers belonging to foreign carriers and on owners (owners) of vehicles, except for the vehicles belonging to foreign carriers in the amount of ten thousand rubles (part 2).

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