On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 23, 2017 No. 14-P

On the case of check of constitutionality of provisions of articles 31.7 and 31.9 of the Russian Federation Code of Administrative Offences in connection with the claim of the stateless person of N. G. Mskhiladze

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, 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,

with participation of representatives of the applicant - lawyers S. A. Golubk and O. P. Tseitlina, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. A. Klishas, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

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, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of articles 31.7 and 31.9 Administrative Code of the Russian Federation in open session.

Reason for consideration of the case was the claim of the stateless person of N. G. Mskhiladze. 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, 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 Ministry of Foreign Affairs of the Russian Federation - S.Yu. Kuzmenkova, from the Ministry of Internal Affairs of the Russian Federation - A. V. Kursayeva, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from Federal Bailiff Service - D. V. Zheludkova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The applicant on this case the stateless person of N. G. Mskhiladze disputes constitutionality of following provisions of the Russian Federation Code of Administrative Offences:

Article 31. According to which 7,, in particular, the judge, body, the official who issued the decree on purpose of administrative punishment stop execution of the resolution in case: publications of the act of amnesty if such act eliminates application of administrative punishment (Item 1); recognitions voided the law or its provision establishing the administrative responsibility for deeds, except for case of simultaneous entry into force of the provisions of the law canceling the administrative responsibility for deeds and establishing criminal liability for the same act (Item 2); the death of person brought to the administrative responsibility or its announcements in the procedure established by the law the dead (Item 3); expirations of prescriptive limits of execution of the resolution on purpose of administrative punishment, stipulated in Clause 31.9 these Codes (Item 4); cancellations of the resolution (Item 5); removal in the cases provided by this Code, resolutions on the termination of execution of the resolution on purpose of administrative punishment (Item 6);

Article 31. 9, providing that the resolution on purpose of administrative punishment is not subject to execution if this resolution was not carried out within two years from the date of its introduction in legal force (part 1); the current of the prescriptive limit provided by part of 1 this Article is interrupted if person brought to the administrative responsibility evades from execution of the resolution on purpose of administrative punishment; calculation of prescriptive limit in this case is resumed from the date of detection of the specified person or its things, the income on which according to the resolution on purpose of administrative punishment administrative punishment (part 2) can be turned; in case of delay or suspension of execution of the resolution on purpose of administrative punishment according to Articles 31. 5, 31.6 and 31.8 these Codes the current of prescriptive limit stops before the expiration of delay or term of suspension (part 3); in case of extension of the deadline for executing the resolution on purpose of administrative punishment the current of prescriptive limit is prolonged for payment by installments term (part 4).

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