On 29 April 2026, at 10:00 a.m., the Constitutional Court of the Russian Federation will proclaim in open session the case on the review of the constitutionality of Article 4.1.2 (part 2), Article 4.5 (part 6), and Article 24.5 (item 7 of part 1) of the Code on Administrative Offenses of the Russian Federation, as well as Article 41.1, Article 51.2 (parts 1 and 11) of the Federal Law «On Protection of Competition» in connection with compliant of OOO «Strategia» (OOO – similar to LLC).
Background
On 21 April 2021, the Udmurt Office of the Federal Antimonopoly Service (FAS) of Russia decided that OOO «Strategiya» engaged in the field of glazing works, had illegally used trademarks belonging to another entity in its name and domain name. This became the grounds for initiating an administrative offense case for unfair competition.
Upon the company’s application, this decision on the violation of antimonopoly legislation was reviewed. However, on 11 April 2022, the commission of the antimonopoly authority again found the evidence of the illegal use of the trademarks and domain names. Having cancelled the previous administrative decision and terminated the proceedings in the administrative offense case, the Udmurt Office of FAS initiated new similar proceedings. The applicant was fined approximately for 2.5 million roubles.
OOO «Strategia» challenged this in the arbitration court, arguing that the established one-year statute of limitations for bringing to administrative liability for the specified offense had expired, since it should have been calculated from the date of the commission’s first decision in 2021, which established the fact of the violation. This position was upheld in some judicial instances, but the decision at the highest level was not made in favor of the company.
Position of the applicant
According to the applicant, the contested provisions are inconsistent with the Constitution of the Russian Federation, including its Articles 4 (part 2), 19 (part 1), 49 (part 3), 50 (part 1), and 55 (part 1). OOO «Strategia» believes that they allow to be held liable twice for the same act, on being held liable after the expiration of the statute of limitations, as well as the principle of interpreting irremediable doubts about a person’s guilt in their favor.
Presiding Judge Valery Dmitrievich ZORKIN
Judge Rapporteur Sergrey Dmitrievich KNYAZEV
Accreditation
of the representatives of mass media are held
23 - 27 April 2026, 24 hours a day by email: pr@ksrf.ru
28 April until 14:00
Access into the Constitutional Court building in St. Petersburg (1, Senatskaya Square) is conditional on presentation of a passport.
Webcast of the session is available on the website: http://www.ksrf.ru
Press Service of the Constitutional Court of the Russian Federation