L.M. AND OTHERS v. RUSSIA JUDGMENT 13 been placed in custody pursuant to a court order are detained in special facilities pending execution of the decision on administrative removal. 62. Article 3.10 § 1 of the Code of Administrative Offences defines administrative removal as the forced and controlled removal of a foreign national or stateless person across the Russian border. Under Article 3.10 § 2, administrative removal is imposed by a judge or, in cases where a foreign national or stateless person has committed an administrative offence upon entry into the Russian Federation, by a competent public official. Under Articles 3.10 § 5, 27.1 § 1 and 27.19 § 2, for the purposes of executing the decision on administrative removal a judge may order that the foreign national or stateless person be placed in a special facility which they are not allowed to leave at will. 63. Under Article 31.9 § 1, a decision imposing an administrative penalty ceases to be enforceable two years after the decision became final. 64. Article 3.9 provides that an administrative offender can only be punished with administrative detention in exceptional circumstances, for a maximum of thirty days. B. Ruling 6-P of the Constitutional Court 65. In decision no. 6-P of 17 February 1998, the Constitutional Court stated, with reference to Article 22 of the Constitution concerning the right to liberty and personal integrity, that a person subject to administrative removal could be placed in detention without a court order for a term not exceeding forty-eight hours. Detention for over forty-eight hours was only permitted on the basis of a court order, provided that the administrative removal could not be effected otherwise. The court order was necessary to guarantee protection not only from arbitrary detention of over forty-eight hours, but also from arbitrary detention itself, while the court assessed the lawfulness of and reasons for placing the person in custody. The Constitutional Court further noted that detention for an indefinite term would amount to an inadmissible restriction on the right to liberty as it would constitute punishment not provided for in Russian law and which was contrary to the Constitution. C. Legislation on refugee status and temporary asylum 66. For a summary of the relevant general provisions of the Refugees Act of Russia (Law no. 4258-I of 19 February 1993), see Kasymakhunov v. Russia (no. 29604/12, §§ 83-86, 14 November 2013). 67. For a summary of the relevant provisions on temporary asylum, see Tukhtamurodov v. Russia ((dec.), no. 21762/14, 20 January 2015, §§ 24-27).

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