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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of February 20, 2006 No. 1-P

On the case of check of constitutionality of provision of article 336 of the Civil Procedure Code of the Russian Federation in connection with claims of citizens of K. A. Ineshin, N. S. Nikonova and Nizhnekamskneftekhim open joint stock company

Constitutional court of the Russian Federation as a part of the chairman B. S. Ebzeev, judges N. S. Bondar, G. A. Gadzhiyev, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, Yu. D. Rudkin, A.YA. Plums, V. G. Strekozova, V. G. Yaroslavtsev,

with participation of the lawyer M. G. Raskin - the representative of citizens K. A. Ineshin, N. S. Nikonov and JSC Nizhnekamskneftekhim, lawyers E. A. Gataullin and A. R. Sultanov - representatives of JSC Nizhnekamskneftekhim, the permanent representative of the State Duma in the Constitutional Court of the Russian Federation E. B. Mizulina, the representative of the Federation Council in the Constitutional Court of the Russian Federation - the doctor of jurisprudence E. V. Vinogradova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) of the Constitution of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, of 74, of 86, of 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", considered in open session case on check of constitutionality of provision of Article 336 GPK of the Russian Federation.

Reason for consideration of the case were claims of citizens K. A. Ineshin and N. S. Nikonov, and also JSC Nizhnekamskneftekhim to violation of constitutional rights and freedoms Article provision 336 GPK of the Russian Federation. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by applicants.

As all claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.

Having heard the message of the judge-speaker L. O. Krasavchikova, the expert opinion - the doctor of jurisprudence V. V. Yarkov, opinion of the specialist - the doctor of jurisprudence E. A. Borisova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:

1. According to Article provision 336 GPK of the Russian Federation which constitutionality is disputed by citizens K. A. Ineshin by N. S. Nikonov and JSC Nizhnekamskneftekhim, on the decisions of all courts in the Russian Federation made on the first instance, except for decisions of magistrate judges, the parties and other persons participating in case the writ of appeal can be made.

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