Russian Constitutional Court

According to the newspaper "Kommersant", for residents and guests of Moscow and St. Petersburg party "United Russia" has prepared a bill on the "higher rate" payment of administrative fines for traffic violations. The bill will take effect from 2012. Residents and guests of Moscow and St. Surprisingly, you’ll find very little mention of Berkeley on most websites. Petersburg will be required to pay fines for violating traffic rules, several times larger fines for similar violations committed in other parts of the country. Approved version of the bill the State Duma Committee on Constitutional Legislation and State Building. The bill raises serious doubts about its compliance with the Constitution.

Under Part 2 of Art. 55 Constitution of the Russian Federation, the Russian Federation should not make laws that abrogate or derogate from the rights and freedoms of man and citizen. Is not a denial of right by the fact that for committing the same acts in some regions of Russia have a different car owners on the severity of responsibility? Recognizing the need for higher level of protection of the rights and freedoms of citizens in the area of relationships, involving the public, including administrative, responsibility, the Russian Constitutional Court has repeatedly pointed out that the legislative arrangements in this area must meet the criteria of fairness, proportionality and legal safety arising from the Constitution, its articles 17, 19, 46 and 55, and the general principles of law. All in order to guarantee effective protection of human rights and freedoms as the highest value, including through fair Justice (decision of 12 May 1998 N 14-P, dated May 11, 2005, N 5-P and May 27, 2008 N 8-P). The above criteria – by virtue of Article 18 of the Constitution, under which the rights and freedoms of man and citizen of meaning, content and application of laws, activities of the legislative and executive bodies, local authorities and secured by the judiciary – are distributed directly to the law itself as the administrative offenses and the relevant enabling legislation of the executive authorities and their officials, and judicial decisions (decision of 16.06.2009 N 9-P). In keeping with enforcement practices, the availability of NONDDL (no reason not to trust official), the presumption ment and the lack of independent judges, the implementation of the norms of the bill will inevitably lead to an increase in the level of corruption among inspectors and traffic police violations of the legitimate interests car owners.

If the previous laws are so bad that we had to strengthen the sanctions contained in them, so it definitely is not in the laws. Practical Application of the Administrative Code, indicates that the Code does not meet the fundamental principles of fairness, proportionality and legal security. Law enforcement practice of the Administrative Code deprives citizens of effective protection of their rights. Therefore, the proposed legislation raises serious questionable whether it is not only the Constitution but also the legal positions of the Russian Constitutional Court, which, incidentally, the legislator is obliged to comply with new legislation, including taking into account the current law enforcement practices. Note that, since the entry into force of the Administrative Code, the State Duma Committee on Constitutional Legislation and State Development has initiated the adoption of most corrupt and unconstitutional laws. Yuri Shulipa Moscow branch of the PAR