RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 31, 2011 No. 1-P

On the case of check of constitutionality of provisions of parts one, third and ninth Article 115, Item 2 parts one of Article 208 of the Code of penal procedure of the Russian Federation and the paragraph of the ninth Item 1 of article 126 of the Federal law "About Insolvency (Bankruptcy)" in connection with claims of Nedvizhimost-M private company, Solomatinsky Cereal-receiving Company limited liability company and the citizen L. I. Kostareva On behalf of the Russian Federation

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

with participation of the representative of Nedvizhimost-M Ltd - the lawyer P. A. Sabanov, representatives of Solomatinsky Cereal-receiving Company LLC - lawyers A. Yu. Belonozhkin and O. V. Elkin, the representative citizen L. I. Kostareva - the lawyer A. M. Murzin, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation A. N. Kharitonov, 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, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of provisions of parts one, third and ninth Article 115, of Item 2 parts one of article 208 Code of Criminal Procedure of the Russian Federation and the paragraph of the ninth Item 1 of article 126 of the Federal law "About Insolvency (Bankruptcy)".

Reason for consideration of the case were claims of Nedvizhimost-M Ltd, Solomatinsky Cereal-receiving Company LLC and the citizen L. I. Kostareva. 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 applicants of legislative provision.

As all claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.

Having heard the message of the judge-speaker G.A.Zhilin, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Arbitration Court Russian Federatsiio.R.Zaytseva, from the Ministry of Justice of the Russian Federation - V. V. Karpova, from the Attorney-General Russian Federatsiit.A.Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. In claims of applicants on this case - Nedvizhimost-M Ltd, Solomatinsky Cereal-receiving Company LLC and the citizen L. I. Kostareva is challenged constitutionality of number of the provisions of article 115 Code of Criminal Procedure of the Russian Federation regulating application for the purpose of proper execution of sentence of such measure of procedural coercion as property attachment, article 208 Code of Criminal Procedure of the Russian Federation providing the bases, procedure and terms of suspension of pretrial investigation on criminal case, and article 126 of the Federal Law of October 26, 2002 N 127-FZ "For insolvency (bankruptcy)", establishing effects of opening of bankruptcy proceedings.

1.1. The judge of Leninsky district court of the city of Novosibirsk satisfied with the resolution of January 14, 2009 left without change cassation determination of judicial board on criminal cases of the Novosibirsk regional court of April 8, 2009 the petition of the investigator performing pretrial investigation on the criminal case brought on December 10, 2008 on essential elements of offense, provided by part four of the article 159 "Fraud" UK of the Russian Federation and resolved for the purpose of ensuring execution of sentence regarding the civil action seizure of real estate which owner is Nedvizhimost-M Ltd. At the same time the court recognized that the specified property under the contract of mortgage between Nedvizhimost-M Ltd and JSC Levoberezhny Bank was provided as pledge in providing obligations of Stif-Invest LLC according to the credit agreement of May 24, 2007 between it and JSC Levoberezhny Bank under the pretext of which conclusion unidentified persons stole in the fraudulent way at bank money in the amount of 70 million rubles. Supervising claims of Nedvizhimost-M Ltd in the Novosibirsk regional court and the Supreme Court of the Russian Federation are left without satisfaction (the resolution of May 8, 2009 and of August 7, 2009 respectively).

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