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DETERMINATION OF CASSATION BOARD OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 10, 2008 No. KAC08-232

Cassation board of the Supreme Court of the Russian Federation in structure:

chairman: Fedina A. I.

members of board: Pirozhkov V. N., Manokhina G. V.

with participation of the prosecutor: Masalova L. F.

N60n "About Approval of Form of the Form of the Strict Reporting" according to writs of appeal of the Ministry of Finance of the Russian Federation and Federal Tourism Agency on the decision of the Supreme Court of the Russian Federation of February 12, 2008 by which the application is granted partially considered in proceeding in open court civil case according to Netupsky Pavel Iosifovich's statement for recognition invalid the order of the Ministry of Finance of the Russian Federation of July 9, 2007, the form of the form of the strict reporting the "Tourist permit" approved by Item 1 of the order of the Ministry of Finance of the Russian Federation of July 9, 2007 N60n "About Approval of Form of the Form of the Strict Reporting" is acknowledged invalid, from the resolution validity date.

Having heard the report of the judge of the Supreme Court of the Russian Federation Manokhina G. V., explanation of representatives of the Ministry of Finance of the Russian Federation of Kovpak St., Federal Tourism Agency of Pisarevsky E. L., the writs of appeal which supported arguments, Netupsky P. I. representative by proxy Katanyan K. A., objecting to arguments of writs of appeal, the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Masalova L. F. to leave believing the judgment without change, the Cassation board of the Supreme Court of the Russian Federation established:

The order of the Ministry of Finance of the Russian Federation of July 9, 2007 N60n "About Approval of Form of the Form of the Strict Reporting" (further - the Order), is approved form of the form of the strict reporting "Tourist permit" (Item 1). The letter of the Ministry of Finance of the Russian Federation of April 10, 1996 of N16-00-30-19 "About Approval of Document Forms of the Strict Reporting" is declared invalid (Item 2).

The order is registered in the Ministry of Justice of the Russian Federation on July 17, 2007 N 9857, officially published in "The bulletin of regulations of federal executive bodies" N 31, on July 30, 2007.

Netupsky P. I. appealed to the Supreme Court of the Russian Federation with the statement for recognition of the Order invalid, having specified that it contradicts the Federal Law of the Russian Federation of November 24, 1996 of N132-FZ "About Bases of Tourist Activities in the Russian Federation" as the form of the strict reporting "Tourist permit" approved by this Order does not contain condition puteshestviyapotrebitelsky properties of tourist product which were specified in earlier operating Tour-1 form. The applicant, often making tourist trips, it is deprived of opportunity in full, to protect the rights as the consumer, when using approved by the disputed regulatory legal act of form of the tourist permit.

The court decides the above-stated decision about which cancellation ask in the writs of appeal Ministry of Finance of the Russian Federation and Federal Tourism Agency (Rostourism). Believe that the court incorrectly applied and interpreted regulations of the substantive right.

Cassation board of the Supreme Court of the Russian Federation, having checked case papers, having discussed arguments of writs of appeal, finds the judgment subject to cancellation on the following bases.

According to Article 13 of the Civil code of the Russian Federation the regulation which is not corresponding to the law or other legal acts and violating the rights and interests of the citizen protected by the law can be nullified.

Meeting partially declared requirement, the court recognized that the form of the form of the strict reporting "Tourist permit" regarding lack in it of information on conditions of travel does not correspond to Articles 1, 10 Federal Laws "About Bases of Tourist Activities in the Russian Federation" and violates the consumer's rights.

However that lack of conditions of travel in the approved form of the tourist permit violates the consumer's rights it is impossible to agree with conclusions of court on the following bases.

Owing to provisions of articles 1 and 10 of the Federal Law of November 24, 1996 of N132-FZ "About Bases of Tourist Activities in the Russian Federation" (with further changes and amendments) (further - the Law on bases of tourist activities) the tourist permit - the document containing travel conditions, confirming the fact of payment of tourist product is the form of the strict reporting and integral part of the agreement on realization of tourist product.

Owing to imperative nature of these legislative provisions execution of the tourist permit is obligatory.

According to paragraph one of article 10 of the Law on bases of tourist activities the realization of tourist product is enabled based on the agreement signed in writing between tour operator and the tourist and (or) other customer, and in the cases provided by this Federal Law between the travel agent and the tourist and (or) other customer.

Provisions of article 10 of the Law on bases of tourist activities determine essential terms of the contract which availability owing to requirements of stipulated in Item 1 Article 422 and Item 1 of Article 432 of the Civil code of the Russian Federation is obligatory.

Travel conditions which shall be without fail provided by the agreement are carried to essential terms of the contract including.

According to Item 19 of Rules of rendering the services in realization of tourist product approved by the order of the Government of the Russian Federation of July 18, 2007 N452 to the consumer no later than 24 hours prior to the travel the agreement on realization of tourist product, the tourist permit, documents certifying the consumer's right to the services entering tourist product (the voucher, the ticket, etc.), and also other documents necessary for the consumer for making of travel shall be transferred (provision to the consumer to later terms of the original of the agreement, and also other necessary documents from among the Rules provided in this Item, perhaps, only in the presence of the consent of the consumer).

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