of December 19, 2005 No. 12-P
On the case of check of constitutionality of the paragraph of the eighth Item 1 of article 20 of the Federal law "About Insolvency (Bankruptcy)" in connection with the claim of the citizen A. G. Mezhentsev
On behalf of the Russian Federation
Constitutional court of the Russian Federation as a part of the chairman Yu. D. Rudkin, judges N. S. Bondar, G. A. Gadzhiyev, A. L. Kononov, L. O. Krasavchikova, S. P. Mavrin, V. G. Strekozov, B. S. Ebzeev, V. G. Yaroslavtsev,
with participation of the citizen A. G. Mezhentsev, the representative of the State Duma - the deputy V. S. Pleskachevsky, the representative of the Federation Council - the doctor of jurisprudence E. V. Vinogradova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Item 3 parts two of Article 22, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered case on check of constitutionality of the paragraph of the eighth Item 1 of article 20 of the Federal law "About Insolvency (Bankruptcy)" in open session.
Reason for consideration of the case was the claim of the citizen A. G. Mezhentsev to violation of its constitutional rights the paragraph the eighth Item 1 of article 20 of the Federal Law of October 26, 2002 "About insolvency (bankruptcy)". The basis to consideration of the case was the found uncertainty in question of whether there corresponds the legislative provision of the Constitution of the Russian Federation containing in it.
Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of agents of the parties, the expert opinion - doctors of jurisprudence V. S. Belykh, opinions of specialists - Candidates of Law Sciences S. A. Denisov and E. V. Talapina, performance invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: from the Supreme Arbitration Court of Russian Federatsiisudyi of the Supreme Arbitration Court of the Russian Federation of S. V. Sarbash, from the Prosecutor General of the Russian Federation - T. M. Abramova, from the Ministry of Justice of the Russian Federation - M.F. Ismailova, from the Ministry of Finance of the Russian Federation - Z. M. Ulbasheva, from the Ministry of Economic Development and Trade of Russian Federatsiid.V. Skripichnikova, from the Russian union of self-regulatory organizations of arbitration managers - A. V. Yukhnina, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation established:
1. Article 2 of the Federal law "About Insolvency (Bankruptcy)" containing the basic concepts used for the purposes of this Federal Law determines the arbitration manager (the interim manager, the administrative managing director, the external managing director or the receiver) as the citizen of the Russian Federation approved by Arbitration Court for carrying out insolvency proceedings and implementation of other powers established by this Federal Law and who is the member of one of self-regulatory organizations of arbitration managers (the paragraph the twentieth).
Membership in self-regulatory organization of arbitration managers calls Item 1 of article 20 of the Federal law "About Insolvency (Bankruptcy)" among requirements imposed to person to whom powers of the arbitration manager (the paragraph of the eighth) can be assigned. Discrepancy to the specified requirement, and also non-compliance with the called Federal Law of procedure for selection of the candidate established by Articles 15 and 45 for approval as the arbitration manager formed for Arbitration Court of the Belgorod region the refusal basis in allowance of the application of the citizen A. G. Mezhentsev about approval it as the receiver of Plodoovoshchkonserv LLC (determination of September 17, 2004).
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