The Constitutional Court refused to accept the complaint of politician Vladimir Milov, who demanded to prohibit the imposition of administrative arrests on men with children under 14 years of age, as is provided for women. The decision was published on the court's website.
In the summer of 2019, Milov was detained in the Navalny Live studio during a live broadcast from a rally against the exclusion of independent candidates from the Moscow City Duma elections. The oppositionist was arrested . At the hearing, the defense pointed out that Milov was raising a two-year-old son, “but this did not influence the court’s decision in any way,” human rights activists noted.
“The Code allows for the possibility of choosing an alternative punishment <..> an administrative fine or... compulsory labor <..> The court [appoints] arrest for these administrative offenses only in exceptional cases, when only the use of arrest can achieve the goals of administrative punishment,” - the decision says.
It also notes that Milov did not provide at the arrest hearing “any evidence that the application of administrative arrest to the applicant would entail leaving his child without parental supervision.” For this reason, considering his complaint against the norm of the Code of Administrative Offenses “would actually mean checking the contested norm in the order of abstract normative control,” which, according to the Constitution , is done only at the request of the authorities, the Constitutional Court believes.