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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",

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.

1.1. Group of the deputies of the State Duma who appealed to the Constitutional Court of the Russian Federation according to the procedure of Article 125 (the part Item "and" 2) of the Constitution of the Russian Federation, asks to recognize the called normative provisions not corresponding to Articles 55 (part 3), 57, 72 (the part Item "to" 1), 74, 75 (part 3) and 76 Constitutions of the Russian Federation and brings the following arguments into reasons for the line item:

the payment on account of the indemnification caused to highways public of federal importance by the vehicles having the permitted maximum weight over 12 tons is, in fact, tax payment, however its essential elements are established not by the law, but the regulation of the Government of the Russian Federation; besides, the state powers on its collection are delegated - without specifying to such opportunity in the Federal Law - to the operator (legal entity) whose powers and responsibility are legislatively not settled;

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