Ruling of the Constitutional Court of 2 July 2015 № 1536-П upon the petition of the Dmitrov district court of Kostroma City

Legislation in question: Parts 1 and 2 of Article 28.6 of the Code of Russian Federation on the Administrative Offences

Legal issue: Whether the contested regulation restricts citizens’ rights to obtain professional legal aid in case of their bringing to administrative responsibility?

Ratio decidendi: Administrative offences in the area of traffic rules are wide-spread ones and, by virtue of concrete circumstances of such cases, the failure to immediately provide an advocate at the stage of bringing to administrative responsibility (that is, when making protocol and rendering an act regarding administrative offence) does not violate the constitutional rights of citizens, because in such cases the citizens are not deprived of the possibility to seek assistance of an advocate for the purposes of protection of their rights in court.

Dissenting opinion:
  • (concurring opinion) The position of the Constitutional Court is well-grounded. Still, the person may insist upon participation of an advocate in the consideration of such case. The procedures should be abided, if the citizen lawfully insists on it, even if it appears that in a substantive legal sense he is clearly wrong, that advocate’s assistance is unnecessary to him and does not change anything. Lawful delays and procedures a rule-of-law State may not regards as an excessive burden for itself.

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Subject area:
Public Law administrative liability