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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",

considered in meeting without carrying out hearing case on check of constitutionality of part 4 of the article 27.5 Administrative Code 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:

1. According to the article 27.5 Administrative Code of the Russian Federation person concerning whom proceeedings about the administrative offense attracting administrative detention as one of measures of administrative punishment are conducted can be subjected to administrative detention for the term of no more than 48 hours (part 3); the term of administrative detention of person is estimated from the moment of delivery for the purpose of creation of the protocol on administrative offense according to article 27.2 of this Code, and person which is in state of intoxication - since its sobering (part 4).

1.1. Constitutionality of part 4 of the article 27.5 Administrative Code of the Russian Federation is disputed by the citizen E. S. Sizikov who was found by the resolution of Babushkinsky district court of the city of Moscow of April 1, 2013 guilty of making of the administrative offense provided by part 2 of article 20.1 of this Code (the disorderly conduct integrated to disobedience to the legal requirement of the public agent or the other person, acting as on protection of public order or stopping disorderly conduct). Considering that at the time of administrative detention E. S. Sizikov according to the carried-out medical examination was in alcohol intoxication and consequently, the term of its administrative detention was subject to calculation since sobering, court, being guided by part 3 of the article 3.9 Administrative Code of the Russian Federation, included servings of the administrative penalty imposed to it in the form of administrative detention for 12 days in time time of administrative detention which constituted 59 hours - since 23 hours on March 29, 2013 and finishing for 10 hours on April 1, 2013.

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