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The document ceased to be valid since June 2, 2015 according to Item 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 2, 2015 No. 21

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 20, 2003 No. 17

About some questions which arose in court practice by hearing of cases on employment disputes with participation of joint-stock companies, other economic partnerships and societies

Due to the questions which arose in court practice connected with hearing of cases on employment disputes with participation of joint-stock companies, other economic partnerships and societies, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Cases on contest by heads of the organizations, members of collegiate executive bodies of the organizations (the CEOs of joint-stock companies, other economic partnerships and societies, etc.), and also members of the boards of directors (supervisory boards) of the organizations which signed employment contracts with these organizations of decisions of authorized bodies of the organizations or owners of property of the organizations or persons (bodies) authorized by owners on release them from posts are subordinated to courts of law and are considered by them according to the procedure of claim production how are you on employment disputes about recovery at work (Articles 11, 273 - 281, 391 Labor Code of the Russian Federation, item 4 of part 1 of Article 33 of the Arbitral Procedure Code of the Russian Federation, Article 22, subsection II of the Civil Procedure Code of the Russian Federation, Items 4-5 of the resolution of the Plenum of the Supreme Court of the Russian Federation of January 20, 2003 N2 "About Some Questions Which Arose in connection with Acceptance and Enforcement of the Civil Procedure Code of the Russian Federation").

2. Specified in Item 1 of this resolution put consideration according to the procedure, established by Chapter 25 of the Civil Procedure Code of the Russian Federation, including using rules about cognizance of cases on the residence of person which took a legal action, and about possibility of suspension by court of action of the disputed decision to the introduction in legal force of the judgment (Art. 254 of the Civil Procedure Code of the Russian Federation), inadmissibly as the legal relationship which arose on the these cases are not public and on them disputes on the right which according to part 3 of article 247 of the Civil Procedure Code of the Russian Federation shall be considered and be permitted in claim production take place.

3. The cases specified in Item 1 of this resolution are jurisdictional to district courts in the location of the organization which is the proper defendant (article 47 of the Constitution of the Russian Federation, Article 24, 28 Civil Procedure Code of the Russian Federation).

4. In production process on the cases specified in Item 1 of this resolution, the judge has no right to suspend the disputed decision on release of the claimant from work as measure for providing the claim and to oblige the defendant, and also other persons not to make difficulties to the claimant in accomplishment of the former obligations as providing the claim owing to article 139 of the Civil Procedure Code of the Russian Federation is allowed if rejection of measures for providing the claim complicates or will be made impossible by judgment execution whereas such circumstances on the these cases are not available.

5. The explanations made in this resolution belong equally and to similar cases with participation of production and consumer cooperatives, and also other organizations.

 

Chairman of the Supreme Court of the Russian Federation

V. Lebedev

Secretary Plenuma, judge of the Supreme Court of the Russian Federation

V. Demidov

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