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DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 23, 2000 No. GKPI00-1251

Rules of issue of special permissions to supply (leave) of the ethyl alcohol made from all types of raw materials, denatured alcohol and alcohol-containing solutions" No. approved by the order of the Government of the Russian Federation of November 3, 1998 1292, are acknowledged illegal and not subject to application

Judicial board on civil cases of the Supreme Court of the Russian Federation in structure:

the chairman - Redchenko Yu. D.,

in case of the secretary - Zhukova I. V.,

with participation of the prosecutor - Vlasova T. A.

having considered in proceeding in open court civil case according to the statement of the National production association "Aleksinsky Chemical Plant" for recognition illegal "Rules of issue of special permissions to delivery (leave) of the ethyl, made from all types raw materials, denatured alcohol and alcohol-containing solutions", approved by the order of the Government of the Russian Federation of November 3, 1998 N 1292, established:

The applicant appealed to the Supreme Court of the Russian Federation with the requirement stated above having referred to what provided disputed by Rules regulations on need of receipt of special permission to supply (leave) of ethyl alcohol, denatured alcohol and alcohol-containing solutions, is not based on the law and without good causes limits the rights of producers of such products on its realization.

Believes that restrictions in the field of production and turnover of these products can be established only by the Federal Law.

In judicial session the applicant's representatives Odorous A.A. and Medvedev S.A. supported the imposed requirement.

Representative of the Government of the Russian Federation Naserov E. Sh. did not agree with this requirement and asked about leaving it without satisfaction, having referred to the fact that the requirement about need of receipt of special permission to realization of ethyl alcohol and other alcohol-containing products containing in Rules is not directed to restriction of the rights of producers and their right actually does not limit.

At the same time did not dispute that circumstance that without special permission such products are not subject to realization.

Having listened to explanations of representatives of the applicant, the representative of the Government of the Russian Federation, having researched case papers and having heard the conclusion of the prosecutor of the Russian Federation Vlasova T. A., believing the application to grant, the Supreme Court of the Russian Federation finds it proved and subject to satisfaction on the following bases.

In p.1 Art. 26 of the Federal Law "About State Regulation of Production and Turnover Ethyl Alcohol of Alcohol-containing Products" (in edition of January 7, 1999) the restrictions provided by this Law in the field of production and turnover of these products are specified.

According to the p. 2 of the called article of the same Law along with the restrictions established by this Law, other restrictions can be provided only by the Federal Law.

As N1292 is established by court, the order of the Government of the Russian Federation of November 3, 1998 rules of issue of special permissions to supply (leave) of the ethyl alcohol made from all types of raw materials, denatured alcohol and alcohol-containing solutions" by which it is determined that delivery (leave) of these products is performed based on special permissions were approved ".

According to the applicant's representatives, these Rules do not conform to requirements of the above-named Law and establish, not provided by it and any other Federal Laws, restrictions for supply (leave) of alcohol and other alcohol-containing products, than violate the rights of production association.

These statements of representatives of the applicant case papers are not confuted.

Any data are not provided to their confutation and the representative of the Government of the Russian Federation.

Besides the analysis of contents of the disputed Rules also witnesses Art. 26 of the Federal Law "About State Regulation of Production and Turnover of Ethyl Alcohol" on their discrepancy.

Under such circumstances the court comes to conclusion that the disputed Rules are subject to recognition illegal and not subject to application.

Argument of the representative of the Government of the Russian Federation Naserov E. Sh. that the requirement of Rules about need of obtaining by producers of alcohol-containing products of special permission to its delivery is not restriction of their rights cannot be taken into account as it is not based on anything and is confuted by the data which are available in case.

In particular, that was not denied in court also by the representative of the Government of the Russian Federation, follows from explanations of representatives of the applicant that without receipt of special permission to delivery (leave) of products stated above its realization is impossible.

Considering that containing in the disputed Rules of the requirement for receipt of special permission actually limit, in comparison with the law, the rights of producers and consumers in the field of production and turnover of such products, they cannot be acknowledged lawful as as it was already noted above, the restrictions which are not provided by the Federal Law "About State Regulation of Production and Turnover of Ethyl Alcohol" can be established only by the Federal Law.

Restrictions for delivery (leave) of alcohol-containing products in the form of obtaining on it special permission are not provided by the Federal Law called above, or other Federal Laws.

Based on stated and being guided st.st.191-197 and 239.7 GPK of RSFSR, the Supreme Court of the Russian Federation solved:

to grant the application of the National production association "Alekseevsky Chemical Plant". "The rules of issue of special permissions to supply (leave) of the ethyl alcohol made from all types of raw materials, denatured alcohol and alcohol-containing solutions", approved by the order of the Government of the Russian Federation of November 3, 1998 N 1291, to recognize illegal and not subject to application.

This decision can be appealed in Cassation board of the Supreme Court of the Russian Federation within 10 days from the date of its removal in the final shape.

 

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