On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 9, 2013 No. AKPI13-552

About recognition invalid the subitem "d" of Item 52 of Rules of public conveyances, baggage and cargo baggage on federal rail transport, utv. The order of Ministry of Railways of Russia of 26.07.2002 No. 30, in the part limiting the right of the passenger of the intercity train to resume action of the travel document (ticket) for other train on condition of surcharge of cost of reserved seat owing to delay on the train within twelve hours or owing to disease, casualty within five days from the moment of train departure on which the travel document (ticket) is acquired, and in case of refusal to receive from trip back fare less reserved seat cost in the same terms

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Zaytsev V. Yu.,

in case of K.N. secretary,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court civil case according to the statement E., K.S. about contest of the subitem "d" of Item 52 of Rules of the public conveyances, baggage and cargo baggage on federal rail transport approved by the order of the Ministry of Railways of the Russian Federation of July 26, 2002 No. 30,

established:

the order of the Ministry of Railways of the Russian Federation of July 26, 2002 No. 30, registered in the Ministry of Justice of the Russian Federation on August 8, 2002, serial number 3675, and published in "The Russian newspaper" on August 20, 2002, are approved Rules of public conveyances, baggage and cargo baggage on federal rail transport (further - Rules). The subitem "d" of Item 52 of Rules provides that for unused travel documents (tickets) and not taken place thereof luggage transport the station returns to the passenger money in case of delay for the train (except the suburban train) owing to the disease or casualty supported by the relevant documents within 3 days from the moment of train departure on which the travel document (ticket) was acquired. The passenger can resume action of the travel document (ticket) for other train on condition of surcharge of cost of reserved seat or back receive fare less reserved seat cost. In other cases in case of delay on the train (except the suburban train) within 3 hours from the moment of its departure the passenger can resume action of the travel document (ticket) with surcharge of cost of reserved seat or back receive fare less reserved seat cost.

E., K.S. appealed to the Supreme Court of the Russian Federation with the application in which they ask to recognize invalid from the date of the introduction in legal force the following instructions of the subitem "d" of Item 52 of Rules: the first offer in the part fixing return to the passenger of money for unused travel documents (tickets) and not taken place thereof luggage transport in case of delay on the train (except the suburban train) owing to the disease or casualty supported by the relevant documents; the last offer in the part establishing the passenger's right within 3 hours from the moment of train departure to resume action of the travel document (ticket) with surcharge of cost of reserved seat. As applicants specified, Rules allow carrier to give preference in the disputed part to the passengers having leaves of disability or documents on casualty in comparison with other consumers who have no such documents. Passengers (consumers) who have no documentary confirmation of respectfulness of the reason of delay on the train have less opportunities for return of part of cost of travel documents. According to E., K.S., the disputed instructions contradict article 19 of the Constitution of the Russian Federation, Article 1102 of the Civil code of the Russian Federation, and also violate the rights of passengers to return of money for unused services within aggregate term of statute of limitations and on refusal of agreement performance at any time in case of payment term to the contractor of the expenses which are actually incurred by it according to article 32 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 "About consumer protection".

Applicants asked about consideration of the case in their absence, on the place and time of judicial session are informed properly.

Representatives of the Ministry of Transport of the Russian Federation of K.D., H. the declared requirement was not recognized and asked to refuse its satisfaction behind groundlessness, referring to the fact that Rules are accepted by authorized federal executive body and do not contradict the current legislation.

The representative of the Ministry of Justice of the Russian Federation of G. believed that the disputed subitem is subject to cancellation as regarding terms of return of money for the unused travel document (ticket) and renewals of action of the travel document (ticket) does not correspond to article 83 of the Federal Law of January 10, 2003 to No. 18-FZ "The charter of rail transport of the Russian Federation" and the subitem "m" of Item 13 of Rules of rendering services in transportations on rail transport of passengers, and also loads, baggage and cargo baggage for the personal, family, house and other needs which are not connected with implementation of business activity, approved by the order of the Government of the Russian Federation of March 2, 2005 No. 111.

Having heard explanations of representatives of interested persons and having studied case papers, having listened to the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Stepanova L. E., believing the declared requirement to satisfy partially, the court finds the statement E. and K.S. subject to partial satisfaction on the following bases.

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