Judgment of the Constitutional Court of 17 December 2015 № 33-П upon the petition of the citizens A.V.Balyan, M.S.Dzuba et al.
- Court:
- Constitutional Court
- Whether the search of an attorney’s premises is allowed within a criminal case, in which his client is considered a suspect or an accused, and if so, under what conditions?
- Dissenting opinion:
- Aranovskiy Konstantin
Subject areas:
Ruling of the Constitutional Court of 6 October 2015 № 2443-O upon the petition of citizens Dinze and Sentsov
- Court:
- Constitutional Court
- The constitutionality of the rule prohibiting advocates to divulge the data collected within the preliminary inquest if the investigating agency does not give its consent
- Dissenting opinion:
- Aranovskiy Konstantin
Subject areas:
Judgment of the Constitutional Court of 16 July 2015 № 23-П upon the petition of citizen Makhin
- Court:
- Constitutional Court
- The constitutionality of the provision, according to which during the time when the case is returned to a prosecutor for completion, the defendant is being kept in custody for the period of his/her repeated review of the case materials, so that an improvement in quality of investigation is achieved at the expense of removing the absolute deadline for keeping the defendant under custody
- Dissenting opinion:
- Gadzhiev Gadis , Danilov Yuri , Kazantsev Sergey
Subject areas:
Judgment of the Constitutional Court of 10 December 2014 № 31-П upon the petition of closed joint-stock company “Gloria”
- Court:
- Constitutional Court
- Whether the legal provisions, stipulating for the possibility of seizure and sequestration of cash which was “frozen” in the course of criminal investigation with its owner and not admitting the same with regard to money in cashless form which were stolen from the current account of the victim of a crime and which are on accounts in other banks?
Subject areas:
Judgment of the Constitutional Court of 11 November 2014 № 28-П upon the petition of citizens Kurochkin, Mikhailov and Rusinov
- Court:
- Constitutional Court
- The constitutionality of denial to consider an application for the compensation for the violation of “the right to trial within a reasonable time” submitted by a person who was not deemed to be a victim for the purposes of criminal prosecution (also for the reason of its launching being denied), and a person who was deemed to be a victim, if from the moment of their application regarding the crime a considerable term has elapsed, which is commensurate with prescription terms for criminal prosecution, the extinction of which was a ground to refuse launching of a criminal proceedings or termination of criminal proceedings
Subject areas:
Judgment of the Constitutional Court of 21 October 2014 № 25-П upon the petition of “Avrora Compact Housing Construction” and citizens Shevchenko and Eidlen
- Court:
- Constitutional Court
- The constitutionality of the provisional freezing of person’s property within the framework of pre-trial investigation, given that such person is not a suspect or accused or a person bearing civil liability in the context of the respective criminal case, but there are sufficient reasons to believe that the property in question has been received by him as a result of criminal actions of a suspect or an accused
Subject areas:
Ruling of the Constitutional Court of 5 June 2014 № 1211-O on the refusal to admit to consideration the petition of A.V.Mizev against the violation of his constitutional rights by paragraph 3 of part 1 of Article 29 of the Federal law “On the Police” and paragraph 7 of part 3 of Article 82 of the Federal law “On the Service in the Bodies of the Ministry of the Interior of the Russian Federation and on Making Changes to Particular Legislative Acts of the Russian Federation”
- Court:
- Constitutional Court
- The constitutionality of the dismissal of a policeman in cases of termination of criminal prosecution against him on the grounds of the expiry of statute of limitations, reconciliation of the parties, amnesty or active repentance.
- Dissenting opinion:
- Kokotov Aleksandr
Subject areas:
Judgment of the Constitutional Court of 25 March 2014 № 8-П on the review of constitutionality of a number of provisions of Articles 401.3, 401.5, 401.8 and 401.17 of the Criminal Procedure Code of the Russian Federation upon the petitions of citizens Agaev, Bakayan and others
- Court:
- Constitutional Court
- The constitutionality of rules which enable the judge of a regional court or a court of the same level to deny the transfer of cassational complaint for consideration in the court of cassational instance
Subject areas:
Judgment of the Constitutional Court of 18 March 2014 № 5-П on the review of constitutionality of part 2.1 of Art 399 of the Civil Procedure Code of the Russian Federation in connection with the request of Ketovsk district court of Kurgan region
- Court:
- Constitutional Court
- Сonstitutionality of regulation guaranteeing the right of the victim of crime or his representative to take part in court hearings in which the issue of parole (conditional early release from prison) of the offender is being considered and making the notification of the victim or his representative a precondition of such consideration (even in cases when the court sees no need of receiving an additional information from the victim)
Subject areas:
Decree of the Plenary Session of the Supreme Court of 19 December 2013 № 41 “On the Practice of Application by Courts of the Legislation on Preventive Measures in the Form of Placing Under Guard, Home Arrest and Bail”
- Court:
- Supreme Court
Subject areas:
Review of court practice related to amnesty (as affirmed by the Presidium of the Supreme Court on 5 December 2013)
- Court:
- Supreme Court
Subject areas:
Judgment of the Constitutional Court of 19 November 2013 № 24-П on the review of constitutionality of part one of Article 10 of Criminal Code of the Russian Federation, part 2 of Article 24, part 2 of Article 27, part 4 of Article 133 and Article 212 of Criminal Procedure Code of the Russian Federation in connection with complaints of citizens Borovkov and Morozov
- Court:
- Constitutional Court
- Constitutionality of rules which permit the closure of criminal case due to the adoption of a law which decriminalised the pertinent offence, but do not require the consent of the person concerned, given that such person objects against the closure of the case without judicial review of the legality and justifiability of those suspicions or charges that have been brought against him.
Subject areas:
Judgment of the Constitutional Court of 2 July 2013 № 16-П on the review of constitutionality of provisions of part one of Article 237 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of B.Gadaev and the request of Kurgan Regional Court
- Court:
- Constitutional Court
- The right of a court – either at its own initiative or upon the motion of the victim of crime - to remand a criminal case to the prosecutors for the purposes of removing obstacles to its judicial consideration in the event when facts testify to the commission by the accused of a more grave crime than he was actually indicted for by the prosecutors.
- Dissenting opinion:
- Kazantsev Sergey
Subject areas:
Judgment of the Constitutional Court of 25 June 2013 № 14-П on the review of constitutionality of part 1 of Article 1, paragraph 1 of part 1, parts 6 and 7 of Article 3 of the Federal law “On Compensation for the violation of the Right to Court Examination Within a Reasonable Term or the Right to Execution of Judicial Act Within a Reasonable Term”, parts 1 and 4 of Article 2441 and paragraph 1 of part 1 of Article 2446 of the Civil Procedure Code of the Russian Federation upon the complaint of citizen Popova
- Court:
- Constitutional Court
- The constitutionality of rules which preclude the victim of crime from having recourse to court with the demand to award compensation for the violation of his right to criminal proceedings within a reasonable term, if as a result of criminal investigation instituted upon his application the suspects and the accused were not identified.
- Dissenting opinion:
- Zhilin Gennadiy
Subject areas:
Judgment of the Constitutional Court of 21 May 2013 № 10-П on the review of constitutionality of parts 2 and 4 of Article 443 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen S.A.Pervov and the request of the judge of the peace of judicial circuit N 43 of the city of Kurgan
- Court:
- Constitutional Court
- The constitutionality of provisions which prevents compulsory treatment of a person, who committed a crime of middle gravity in the state of insanity, in spite of continuous social danger from such person
- Dissenting opinion:
- Gadzhiev Gadis
Subject areas:
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