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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of November 17, 2016 No. 25-P

On the case of check of constitutionality of part 4 of article 27.5 of the Russian Federation Code of Administrative Offences in connection with the claim of the citizen E. S. Sizikov

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, 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",

Reason for consideration of the case was the claim of the citizen E. S. Sizikov. 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 S. D. Knyazev, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

Production on civil case according to E. S. Sizikov's statement for recognition illegal the actions connected using to it administrative detention for the term of over 48 hours without judgment and also about recognition of entitlement to compensation of moral harm was stopped by Babushkinsky district court of the city of Moscow which counted consideration of the declared requirements according to the procedure of civil legal proceedings impossible on the ground that they are inseparably linked with the corresponding case on administrative offense and cannot be subject of independent appeal out of proceeedings about administrative offense (determination of June 17, 2015).

2. According to article 22 of the Constitution of the Russian Federation everyone has right to liberty and security of person (part 1); arrest, detention and detention are allowed only according to the judgment; to the judgment person cannot be subjected to detention for the term of more than 48 hours (part 2).

As appears from Articles 1 (part 1), 2, 15 (part 4), 17 (parts 1 and 2), 19 (parts 1 and 2), 21 (part 1), 55 (parts 2 and 3) and 64 Constitutions of the Russian Federation in interrelation with provisions being component of system of law of Russia of the Universal Declaration of Human Rights (Article 3), the International Covenant on Civil and Political Rights (Article 9) and Conventions on human rights protection and fundamental freedoms (Article 5), right to liberty and security of person, being inaliennable and belonging to everyone from the birth, the commitment to general understanding is among fundamental human rights, and to which observance gained international legal recognition; it personifies the most significant social benefit without which advantage and value of the human person and democratic legal society organization and the states is impossible; his respect and protection exclude possibility of any intervention in the sphere of individual autonomy of the person, allowing restriction of freedom and security of person on the basis of the principles of legal definiteness and justice and with respect for the constitutional criteria of need and proportionality interfering irreplaceable loss of the being of this right forming along with other constitutional rights and freedoms of man and citizen, bases of legal status of the personality in the Russian Federation.

The constitutional characteristics of the right of everyone to freedom and security of person correlate with its all-European standards which are enshrined in article 5 of the Convention on the human rights protection and fundamental freedoms which is not allowing imprisonment differently as in the cases and according to the procedure established by the law. This Article refers the detention or detention of person made it appeared before competent authority on reasonable suspicion of making of offense (the subitem "c" of Item 1) to number of such cases and provides that each arrested is without delay told in language of the reason of his arrest clear to it and any charge brought to him (Item 2); each detainee or taken into custody according to the subitem "c" of its Item 1 without delay is brought to the judge or other official allocated according to the law, judicial authority, and has the right to legal proceedings during reasonable time or to release to court which can be caused by provision of guarantees for appearance in court (Item 3); everyone who is imprisoned as a result of arrest or detention has the right to immediate consideration of legitimacy of its detention by court and to release if its detention is recognized by illegal court (Item 4); everyone who fell victim of arrest or detention in defiance of provisions of this Article has entitlement to compensation (Item 5).

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