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”

Legal issue: 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.

Ratio decidendi: the Court held the petition to be inadmissible. It pointed out that the ratio decidendi of Court’s judgment of 21 March 2014 № 7-П, on which the applicant relied, related exclusively to the cases of private prosecution and therefore might not be automatically extended to the cases of public prosecution. The contested legislation intends to preclude persons, not meeting high reputational standards, from serving in the police.

Dissenting opinion:
  • For many years after the termination of criminal prosecution against the applicant (in 2000) the fact of  termination of the case by reconciliation of the parties did not serve as a ground for  dismissal of the policeman; the legislative rules in question were adopted in 2011, and they made the applicant’s conditions unequal to the position of the policemen whose cases were terminated on analogical grounds after their coming into force. It was required to examine whether it would be permissible to extend the ratio decidendi of the judgment of 21 March 2014 № 7-П to the cases of termination of criminal prosecution by reconciliation of the parties in cases of public prosecution. Such examination would imply, however,  declaring the applicant’s petition to be admissible.

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Subject area:
Public Law Criminal liability
Court Proceedings criminal procedure