Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 18, 2006 No. 330-O

About refusal in acceptance to consideration of the claim of private company "The engineering center "Elektro" on violation of constitutional rights and freedoms provisions of paragraphs of the fourth, fifth and ninth of Article 2, Item 3 of Article 29 and paragraphs of the first and second Item 1 of article 63 of the Federal law "About Insolvency (Bankruptcy)"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges N. S. Bondar, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, N. V. Seleznyov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having considered upon the demand of Engineering Center Elektro Ltd question of possibility of adoption of this claim to consideration in meeting of the Constitutional Court of the Russian Federation, established:

1. In the claim of Engineering Center Elektro Ltd constitutionality of provisions of paragraphs of the fourth, fifth and ninth of Article 2, of Item 3 of Article 29 and paragraphs of the first and second Item 1 of article 63 of the Federal law "About Insolvency (Bankruptcy)" which were subject according to the applicant, to application by Arbitration Court of the city of St. Petersburg and the Leningrad region in case with its participation by consideration of question of inclusion of requirements of the St. Petersburg regional department of Social Insurance Fund of the Russian Federation in the register of requirements of creditors of Engineering Center Elektro Ltd is disputed.

These legislative provisions determine for the purposes of the Federal Law "About Insolvency (Bankruptcy)" of the concept "monetary commitment", "obligatory payments", "authorized bodies", and also determine that the federal executive bodies carried according to article 2 of this Federal Law to authorized bodies within the competence represent in the case of bankruptcy and in insolvency proceedings of the requirement about payment of obligatory payments and the requirement of the Russian Federation for monetary commitments and that from the date of removal of determination by Arbitration Court about introduction of observation of the requirement of creditors for monetary commitments and about payment of obligatory payments on which completion date stepped on Date of Introduction of observation can be shown to the debtor only with observance of the procedure for presentation of requirements to the debtor established by this Federal Law.

The applicant claims that the called regulations violate its rights and freedoms guaranteed by Articles 8 (part 1), 15 (parts 2 and 4), 17 (part 3), 34 (part 1) and 46 (part 1) Constitutions of the Russian Federation as in cases on bankruptcy and in insolvency proceedings do not provide presentation and collection of the capitalized payments as the requirement about payment of obligatory payments and the requirement of the Russian Federation for monetary commitments, the procedure of presentation of the capitalized payments as creditor requirements to the debtor on behalf of the state.

The secretariat of the Constitutional Court of the Russian Federation according to the procedure of part two of article 40 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" notified the applicant earlier that its claim does not conform to requirements of the called Federal constitutional Law.

2. Constitutional court of the Russian Federation, having studied the provided materials, does not find the bases for adoption of this claim to consideration.

The applicant does not submit any documents confirming application or possibility of application of Item 3 of Article 29 and paragraphs of the first and second Item 1 of article 63 of the Federal law "About Insolvency (Bankruptcy)" in its case and therefore in this part the claim does not answer criterion of admissibility according to Item 2 of article 97 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation".

The provisions of article 2 of the Federal law "About Insolvency (Bankruptcy)" disputed by Engineering Center Elektro Ltd represent regulations definitions which purpose is fixing of the basic concepts used in this Federal Law, but not determination of any procedure or the procedure of presentation and collection of the capitalized time payments, and therefore in itself they cannot be considered as the violating constitutional rights and freedoms of the applicant specified in the claim.

As appears from the claim, the applicant, in essence, puts question of legitimacy of independent presentation by bodies of Social Insurance Fund of the Russian Federation of requirements about collection of the amounts of the capitalized payments before the Constitutional Court of the Russian Federation that, in his opinion, contradicts legal line item of the Constitutional Court of the Russian Federation stated in Determination of December 25, 2003 to N455-O about refusal in acceptance to consideration of request of the Government of Moscow about check of constitutionality of the paragraph of the ninth of Article 2 and Item 3 of article 29 of the Federal law "About Insolvency (Bankruptcy)" and also expresses disagreement with the decision of the Arbitration Court which established - in the conditions of lack of other special regulation, - that the capitalized payments do not belong to obligatory payments as they are determined in paragraph five of article 2 of the Federal law "About Insolvency (Bankruptcy)". Meanwhile permission of the matters to the Constitutional Court of the Russian Federation not subordinated owing to article 125 of the Constitution of the Russian Federation and article 3 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation".

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.