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DETERMINATION OF CK OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 17, 1995

If person which did not fulfill the obligation does not prove lack of the fault in it, it bears property responsibility, except as specified, provided by the law or the agreement

(extraction)

Agarkov took a legal action with the claim to the Central Committee of DOSAAF of the USSR, to his legal successor - to Management on carrying out lotteries of Central Office of the Russian Defensive, Sports and Technical Organization (RD,STO) - about obligation fulfillment on issue of the car of the Zhiguli brand of VAZ-2109, referring to the fact that he won the car of this brand under the ticket of lottery of DOSAAF of the USSR, however is refused to it issue of prize.

By the decision of the Tushino district national court of Moscow of June 11, 1993 (left without change by judicial board on civil cases of the Moscow city court) the claim to Ogarkov it is refused.

The vice-chairman of the Supreme Court of the Russian Federation in the protest brought in Judicial board on civil cases of the Supreme Court of the Russian Federation in view of lack of quorum in presidium of the Moscow city court raised question of cancellation of court decrees as not meeting standards of liability law.

The judicial board of the Supreme Court of the Russian Federation satisfied on February 17, 1995 protest, having specified the following.

The court refused the claim, having referred to the fact that the former bodies of the USSR the Ministry of Trade of the USSR, Minavtoselkhozmash of the USSR, Minoboronprom of the USSR to which the obligation on providing ware prizes of lottery of DOSAAF of the USSR at the expense of centralized funds was assigned, because of disintegration of old commercial relations and creation of the new market relations did not fulfill the obligations to DOSAAF therefore the obligation by the defendant before the claimant could not be fulfilled.

Conclusions of court are drawn without regulations of liability law and according to unchecked case papers.

According to the order of Council of Ministers of the USSR of N 1123-p of July 14, 1990, the Central Committee of DOSAAF carried out in 1991 lotteries of DOSAAF of the USSR by two circulations on the amount of 100 million rubles. The advantageous fund of each circulation constituted 50% of cost of the issued tickets. The trading organizations of Ministry of Trade of the USSR and Minavtoselkhozmash of the USSR (on cars) shall issue prizes on lotteries of DOSAAF of the USSR from market funds, and Sberbank branch of the USSR - to issue winnings and to pay money instead of ware prizes of all types with subsequent compensation of production expenses at the expense of the Central Committee of DOSAAF of the USSR.

At this order and Conditions of carrying out lottery of DOSAAF of the USSR attached to it there is no specifying that the material security of prizes shall be made only at the expense of centralized market funds. According to the called conditions advantageous lottery tickets were accepted for payment till June 30, 1992 inclusive. Other cases in case of which issue of prizes was not made in Conditions are not specified.

Apparently from case papers, Agarkov won under the lottery ticket of lottery of DOSAAF of the USSR VAZ-2109 Zhiguli car in July, 1991, returned the ticket for examination on July 24, 1991. Solvency of the ticket is confirmed with examination. Conditions of carrying out lottery of DOSAAF of the USSR by the claimant are complied in this connection he had the right to prize in nature.

The reasons for which he did not receive the car were not researched by court with necessary completeness.

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