RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 16, 2007 No. 6-P

"On the case of check of constitutionality of provisions of Articles 237, 413 and 418 Codes of penal procedure of the Russian Federation in connection with request of presidium of Kurgan regional court"

Constitutional court of the Russian Federation as a part of the chairman L. M. Zharkova, judges Yu. M. Danilov, G. A. Zhilin, V. D. Zorkin, S. M. Kazantsev, M. I. Kleandrov, N. V. Melnikov, N. V. Seleznyov, O. S. Hokhryakova,

with participation of the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina and the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Articles 36, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of provisions of Articles 237, of 413 and 418 Codes of Criminal Procedure of the Russian Federation.

Reason for consideration of the case was the request of presidium of Kurgan regional court in which constitutionality of subjects to application in the criminal case of provisions of Article considered by it 237, of Item 2 parts two and parts three of Article 413 and article 418 Code of Criminal Procedure of the Russian Federation is disputed. The basis to consideration of the case was the found uncertainty in question of whether there correspond the specified legislative provisions of the Constitution of the Russian Federation.

Having heard the message of the judge-speaker G. A. Zhilin, explanation of the agent of the party, adopted the disputed act, speeches of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation V. A. Davydov, from the Prosecutor General of the Russian Federation - T. L. Oksyuka, from the Ministry of Internal Affairs of the Russian Federation - G. V. Marjan, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

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