On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 25, 2014 No. 4-P

On the case of check of constitutionality of number of provisions of Articles 7. 3, 9.1, 14.43, 15.19, 15.23.1 and 19.7.3 of the Russian Federation Code of Administrative Offences in connection with request of Arbitration Court of the Nizhny Novgorod Region and claims of Baryshsky Meat-processing Plant and Volmet limited liability companies, open joint stock companies "the Rekond, Operational and Technical Communication Center and Elektronkompleks Plant, Geotechnics P and Rank private companies and budget institution of health care of the Udmurt Republic "Children's city hospital No. 3 "Neyron" of the Ministry of Health of the Udmurt Republic"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the acting as the CEO of JSC Rekond Plant Yu. N. Novoselskaya, the representative of JSC Elektronkompleks - Candidate of Law Sciences Yu. V. Penov, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, part one Items 3 and 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of number of provisions of Articles 7 in open session. 3, 9. 1, 14. 43, 15. 19, 15.23.1 and 19.7.3 Administrative Code of the Russian Federation.

Reason for consideration of the case were the request of Arbitration Court of the Nizhny Novgorod Region and the claim of Baryshsky Meat-processing Plant and VOLMET limited liability companies, open joint stock companies "the Rekond, Operational and Technical Communication Center and Elektronkompleks Plant, GEOTECHNICS P and RANK private companies and budget institution of health care of the Udmurt Republic "Children's city hospital No. 3 "Neyron" of the Ministry of Health of the Udmurt Republic". 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 the request and 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 addresses in one production.

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 Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. Applicants on this case - Arbitration Court of the Nizhny Novgorod Region, Baryshsky Meat-processing Plant and VOLMET limited liability company, open joint stock companies "challenge the Rekond, Operational and Technical Communication Center and Elektronkompleks Plant, GEOTECHNICS P and RANK private companies and budgetary institution of health care of the Udmurt Republic "Children's city hospital No. 3 "Neyron" of the Ministry of Health of the Udmurt Republic" constitutionality of number of the provisions containing in Articles 7. 3, 9. 1, 14. 43, 15. 19, 15.23.1 and 19.7.3 Administrative Code of the Russian Federation and establishing for the administrative offenses provided by them the administrative responsibility in the form of administrative penalty concerning legal entities.

1.1. According to part 1 of the article 7.3 Administrative Code of the Russian Federation use of natural resources without license to use attracts with subsoil imposing of administrative penalty on citizens at the rate from three thousand to five thousand rubles, on officials - from thirty thousand to fifty thousand rubles, on legal entities - from eight hundred thousand to one million rubles.

Based on the called legislative provision by the resolution of the chief state inspector of Management of Rosprirodnadzor across the Ulyanovsk region of March 26, 2012 Baryshsky Meat-processing Plant LLC was brought to the administrative responsibility in the form of administrative penalty in the amount of eight hundred thousand rubles for making of the administrative offense expressed in production without license of underground waters from artesian well for own economic domestic needs. At the same time as the circumstance mitigating the administrative responsibility the fact that after initiation of proceedings about administrative offense society prepared was considered and directed documents for receipt of the license for mineral right.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info