DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 12, 2005 No. 168-O

According to the claim of the citizen of the Republic of Estonia Gryunvald Mart to violation of its constitutional rights separate provisions of Articles 283, 319 and 320 Customs codes of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, A.YA. Plums, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having heard the conclusion of the judge G. A. Zhilin who was carrying out preliminary studying of the claim of the citizen M. Gryunvald based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:

1. On November 26, 2003 at the citizen of the Republic of Estonia M. Gryunvald during its stay the car which is earlier placed under special customs regime - temporary import of goods by the foreign physical person with full conditional release from payment of import customs duty was in the territory of the Russian Federation stolen. Investigating bodies of the city of Sankt-Petersburg M. Gryunvald was recognized as the victim on the criminal case brought upon plunder at it of the vehicle on which pretrial investigation was suspended on February 5, 2004 in connection with not establishment of person which is subject to attraction as the person accused.

The Kingisepp customs, having refused to determination of March 11, 2004 excitement concerning M. Gryunvald of case on administrative offense for not export at the scheduled time from customs area of the Russian Federation of earlier imported vehicle, nevertheless on June 4, 2004 made the decision on collection from it the import customs duty and penalty fee on total amount of 626802 rub of 20 kopeks. The Kingisepp city court where M. Gryunvald appealed the decision of customs authority, the decision of July 26, 2004 left without change determination of judicial board on civil cases of the Leningrad regional court of October 6, 2004 refused satisfaction of its claim.

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