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

of November 10, 2011 No. 71

About introduction of amendments to some resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation concerning consideration by Arbitration Courts of cases on administrative offenses, and recognition voided resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation of 20.06.2007 No. 41 "About application of article 14 of the Federal law "About Enforcement Proceeding" by Arbitration Courts regarding regulation of terms of presentation to execution of resolutions of bodies (officials), representatives to consider cases on administrative offenses

Due to the questions arising in court practice by consideration by Arbitration Courts of cases on administrative offenses and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides:

1. Bring in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation from 27.01.2003 N 2 "About some questions connected with enforcement of the Russian Federation Code of Administrative Offences" the following changes:

a) exclude Item 3;

b) the second offer of paragraph one of Item 9 to state in the following edition:

"Owing to this regulation of case on the offenses provided by articles Codes of the Russian Federation on Administrative Offences specified in it are subordinated to Arbitration Courts if the corresponding offenses are made by the legal entities or individual entrepreneurs including who lost this status after making of administrative offense.";

c) state Item 10 in the following edition:

"10. Courts need to consider that the actions which are expressed in implementation of retail trade by alcoholic products without license can be qualified as regards the 2nd article 14.1 Code of the Russian Federation on Administrative Offences. Jurisdiction of such cases is determined taking into account Item 9 of this resolution.";

d) Item 11:

after paragraph two to add with the new paragraph of the following content:

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