of May 16, 2017 No. 15
About some questions arising by consideration by courts of cases on administrative supervision of persons exempted from places of detention
Due to the questions arising at courts by consideration of administrative cases about administrative supervision of persons exempted from places of detention, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:
1. For the prevention of making by persons exempted from places of detention, crimes and other offenses, rendering on them individual preventive impact for the purpose of protection of the state and public concerns according to the Federal Law of April 6, 2011 No. 64-FZ "About administrative supervision of persons exempted from places of detention" (further - the Law on administrative supervision, the Law) concerning specified persons court sets temporary restrictions of their rights and freedoms, certain obligations are assigned (further - administrative restriction).
Law-enforcement bodies perform observation of observance by person concerning which administrative restrictions are set (further - subsupervising person), of such restrictions (further - administrative supervision).
Proceeding from stated administrative restriction is not punishment for crime execution and (or) offenses, and represents the measure directed to prevention of repeated making of crimes and (or) other offenses by persons having criminal record for the certain types of crimes provided by the Law by means of implementation of administrative supervision (Item 5 of part 3 of article 1 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation, the Code), article 2 of the Law).
The these cases are considered by courts according to the procedure of Chapter 29 of the Code.
2. Administrative cases about establishment, prolongation, early termination of administrative supervision, about partial cancellation or amendment of earlier set administrative restrictions (further - cases on administrative supervision) are considered by district court with observance of the rules of territorial cognizance provided by parts 5 and 6 of article 270 KAS Russian Federation.
The administrative action for declaration about establishment of administrative supervision concerning the person which is in places of detention and subject to release is filed a lawsuit in the location of correctional facility.
If by the time of release of person from places of detention the decision on case is not made, this case is subject to permission in essence the court which adopted the corresponding administrative action for declaration (part 1 of article 27 KAS Russian Federation) to production.
Cases on establishment of administrative supervision of persons exempted from places of detention and also on prolongation, early termination of administrative supervision, on amendment or partial cancellation of the administrative restrictions which are earlier set by the person under surveillance to persons are considered by court at the place of residence or stay of such persons.
The administrative action for declaration about establishment of administrative supervision concerning person to whom as auxiliary view of punishment restriction of freedom is appointed or unexpired part of custodial sanction is replaced with restriction of freedom, moves law-enforcement body at the place of residence or stay of this person (parts 6 and 8 of article 270 KAS Russian Federation, article 53 of the Criminal Code of the Russian Federation (further - the Criminal Code of the Russian Federation).
If person exempted from places of detention has no registration at the place of residence or stay, the administrative action for declaration is filed a lawsuit in the place of its actual permanent residence (stay) which is established by body of evidence, demonstrating that person chose the corresponding territory as the place of the priority everyday vital interests (for example, the territory of the intracity municipality of the federal city, the territory of the municipal district, city district, city district with intracity division, the territory of the intracity area, residential or rural location).
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