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DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 16, 2000 No. GKPI00-20

About recognition invalid Order of Ministry of Health and the Medical Industry of the Russian Federation 20.08.96 325

On behalf of the Russian Federation

The Supreme Court of the Russian Federation in structure:

Chairman Romanenkov N. S.,

in case of Donchilo V. V. secretary,

with participation of the prosecutor Astafyev S. T.,

having considered in proceeding in open court civil case according to Starodubtsev Alexey Yuryevich's claim about recognition invalid the Order of Ministry of Health and the Medical Industry of the Russian Federation of August 20, 1996 of N325 "About Approval of the First-aid Kit of First Aid (Automobile)" and the Order of the Russian Ministry of Health of October 11, 1999 of N366 "About Introduction of the First-aid Kit of First Aid (Automobile)", established:

Starodubtsev A. Yu. N366 "About Introduction of the First-aid Kit of First Aid (Automobile)" appealed to the Supreme Court of the Russian Federation with the claim about recognition invalid the Order of Ministry of Health and the Medical Industry of the Russian Federation of August 20, 1996 of N325 "About Approval of the First-aid Kit of First Aid (Automobile)" and the Order of the Russian Ministry of Health of October 11, 1999, referring to the fact that obligatory introduction of first-aid kits of first aid infringes at property rights of citizens and the organizations.

Violation of the federal legislation is seen in the specified acts.

Starodubtsev A. Yu. on day of hearing of the case it is informed, in court was not, asked to consider case in its absence.

The representative of the Russian Ministry of Health Gorodentsev G. B. asked court to refuse grievance settlement since the disputed Orders are issued according to the current legislation, underwent state registration and do not violate the rights of citizens.

The representative of the Ministry of Justice of the Russian Federation Homchik T. N. asked court to leave the claim without satisfaction since the disputed Orders are registered by the Ministry of Justice of the Russian Federation, are officially published.

Having listened to explanations of representatives of the Russian Ministry of Health of Gorodentsev G. B., the Ministry of Justice of the Russian Federation Homchik T. N., having researched case papers and having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Astafyev S. T., believing that the claim is not subject to satisfaction, the Supreme Court of the Russian Federation does not find the bases for grievance settlement.

As it is established in judicial session by explanations of representatives of the interested ministries and written case papers, Ministry of Health and the Medical Industry of Russia issued on August 20, 1996 the Order N325 "About Approval of the First-aid Kit of First Aid (Automobile)". This Order approves Structure of the first-aid kit of first aid (automobile) and Rules of rendering the first most and mutual assistance. Terms of introduction of the first-aid kit of first aid (automobile) of new filling were subject to approval of Head department of GAI of the Ministry of Internal Affairs of Russia.

N366 the first-aid kit of first aid (automobile) approved by the Order of Ministry of Health and the Medical Industry of Russia of August 20, 1996 N 325, is enacted by the order of the Russian Ministry of Health of October 11, 1999 since January 1, 2000.

The Federal Law "About Traffic Safety" provides prohibition on operation of vehicles in Article 19 in the presence at them the technical defects creating traffic safety hazard. The list of defects of vehicles and condition in case of which their operation is forbidden, it is determined by the Government of the Russian Federation.

According to Item 7.7 of the List of defects and conditions under which operation of vehicles (appendix to basic provisions according to the admission of vehicles to the operation and obligations of officials on traffic safety approved by the Resolution of Council of Ministers is forbidden - the Governments of the Russian Federation of October 23, 1993 N 1090), absence by bus, automobile and cargo cars, wheel tractors of medical first-aid kits belongs to these conditions, in particular.

Under such circumstances claim arguments that the disputed acts are issued in defiance of the federal legislation in case of decision making about obligatory acquisition of first-aid kits of first aid are insolvent.

According to item 3 of Art. 23 of the Federal Law "About Traffic Safety" medical care by the victim in the road accidents consists in rendering the road accident to pre-medical on-site assistance; rendering qualified medical care on site the road accident, along the line in medical institution and in medical institution.

N325 are approved by the order of Ministry of Health and the Medical Industry of Russia of August 20, 1996 Rules of rendering the first most and mutual assistance which purpose to bring to owners of vehicles necessary minimum information, knowledge of actions for delivery of health care in case of the road accidents.

Taking into account stated claim arguments that the ministry went beyond the powers, having established certain procedure for the organization of medical care by the victim in the road accidents, are unreasonable.

Owing to item 4 of Art. 23 of the Federal Law "About Traffic Safety" such procedure is established by the Federal Law.

Homchik T. N. follows from explanations of representatives of the Russian Ministry of Health of Gorodentsev G. B. and the Ministry of Justice of the Russian Federation that the concepts "medical first-aid kit" and "first-aid kit of first aid (automobile)" are not the concepts which are mutually excluding each other that does not contradict the legislation of the Russian Federation.

Reference of the applicant to violations of procedure for the edition of regulating documents, since. Rules of rendering most and mutual assistance are approved not in mandative part, and in appendix to the text of the Order, is not based on the law.

Of August 20, 1996 follows from the text of the Order N325 that Rules of rendering the first most and mutual assistance are approved (the appendix N2 to the Order).

Considering that the disputed regulations are adopted by the ministry according to the current legislation about traffic safety, within powers of federal executive body and do not violate the right of citizens, Starodubtsev A. Yu. claim. is not subject to satisfaction.

Based on stated and being guided by the Art. of the Art. 191, of 192, of 197, 239.7 Codes of civil procedure of RSFSR, the Supreme Court of the Russian Federation solved:

the Order of Ministry of Health and the Medical Industry of the Russian Federation of August 20, 1996 of N325 "About Approval of the First-aid Kit of First Aid (Automobile)" and the Order of the Russian Ministry of Health of October 11, 1999 to leave Starodubtsev Alexey Yuryevich's claim invalid about recognition to N366 "About Introduction of the First-aid Kit of First Aid (Automobile)" without satisfaction.

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