Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 15, 2016 No. 24-P

On the case of check of constitutionality of the Item of part three of Article 125 and part three of article 127 of the Penal Code of the Russian Federation in connection with request of the Vologda regional court and the claim of citizens N. V. Koroleva and V. V. Koroleva

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, S. M. Kazantsev, 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, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

WICK of the Russian Federation considered in meeting without carrying out hearing case on check of constitutionality of the Item of part three of Article 125 and part three of article 127.

Reason for consideration of the case were the request of the Vologda regional court and the claim of citizens N. V. Koroleva and V. V. Koroleva. 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 Yu. M. Danilov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the Penal Code of the Russian Federation the convicts serving sentence in corrective colonies of special regime in strict conditions are allowed to have two short-term appointments within year (Article part three Item 125); in strict conditions of serving sentence on arrival in corrective colony of special regime all convicts to lifelong imprisonment are located; transfer from strict conditions of serving sentence in usual conditions of serving sentence is made after departure at least 10 years in strict conditions of serving sentence on the bases specified in part six of article 124 of this Code; if during stay in the pre-trial detention center the disciplinary measures in the form of settlement in punishment cell were not applied to the convict, the term of its stay in strict conditions of serving sentence is estimated from the date of detention (Article part three 127).

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