国内政策【切换】 国际政策

2015年12月31日俄罗斯联邦最高法院公报22（英文版）

ANSWERS TO QUESTIONS RECEIVED FROM THE COURTS,

 ON THE APPLICATION OF THE PROVISIONS OF ART. 159-4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE RESOLUTION

          OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF DECEMBER 11, 2014

                     N 32-P AND ST. 264-1 of the Criminal Code of the Russian Federation

     Question. In accordance with the decision of the Constitutional Court

of December 11, 2014 No. 32-P Art. 159-4 of the Criminal Code of the Russian Federation from June 12, 2015.

is no longer valid. Under which criminal law should be qualified

an act constituting an offence,

Under Article 159-4 of the Criminal Code of the Russian Federation, committed before June 12, 2015?

     Answer. Due to the fact that Art. 159-4 of the Criminal Code of the Russian Federation from June 12, 2015.

has lost its force, criminal liability for fraud in the field of

entrepreneurial activity from the specified date is provided for

Article 159 of the Criminal Code of the Russian Federation.  With regard to acts falling within the characteristics of

elements of the crime provided for in Article 159-4 of the Criminal Code of the Russian Federation, committed

until June 12, 2015, then, since these acts are not decriminalized

and cannot be qualified under Art. 159 of the Criminal Code of the Russian Federation, which establishes

for them a more severe punishment, such acts in accordance with

Art. 9 of the Criminal Code of the Russian Federation should be qualified under Art. 159-4 of the Criminal Code of the Russian Federation.

     Question. Is it taken into account for the purposes of Art. 264-1 of the Criminal Code of the Russian Federation

administrative punishment imposed on a person before July 1, 2015  behind

driving while intoxicated or driving

failure to comply with the lawful request of an authorized official

on the passage of a medical examination for the condition

Intoxication?

     Answer. Yes, it is taken into account if at the time of making a new

the period established by Article 4.6 of the Administrative Code of the Russian Federation has not expired,

because a person subjected to administrative punishment for

the said offence before 1 July 2015, committing a similar offence

offense after June 30, 2015, is aware that he commits

the most criminally punishable act prohibited by Art. 264-1 of the Criminal Code of the Russian Federation.

                                      (Answers to questions approved

                   Presidium of the Supreme Court of the Russian Federation

                                                   July 31, 2015)