RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 1, 2017 No. 19

About practice of consideration by courts of petitions for production of the investigative actions connected with restriction of constitutional rights of citizens (article 165 Code of Criminal Procedure of the Russian Federation)

Investigative and other legal proceedings which production is performed precisely based on the judgment or it is in exceptional cases allowed with the subsequent check of their legality by court, are connected with restriction of constitutional rights of citizens for private property, inviolability of home, private life, on the personal and family mystery, the mystery of correspondence, telephone negotiations, post, cable and other messages (Article 23, of 25, of 35, 36 Constitutions of the Russian Federation) that obliges courts in case of application of procedure, the stipulated in Article 165 Codes of Criminal Procedure of the Russian Federation, to strictly observe the guarantees established concerning the called rights by the Constitution of the Russian Federation and the criminal procedure law.

Due to the questions arising at courts by consideration of petitions of the bodies of preliminary inquiry connected with restriction of constitutional rights of citizens and also for the purpose of ensuring uniform application by courts of the criminal procedure legislation the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

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