On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 10, 2013 No. VKGPI13-28

About refusal in allowance of the application about recognition invalid the paragraph of the ninth Item 9 of the Procedure for certification of the combat veteran in the Armed Forces of the Russian Federation, утв. Order of the Minister of Defence of the Russian Federation of 11.08.2012 No. 2288

The Supreme Court of the Russian Federation in structure:

the chairman - the judge of the Supreme Court of the Russian Federation the Queen L.A.,

in case of B.'s secretary,

with participation of the senior military prosecutor 3 departments 4 managements of the Main Military Procuracy of L.K., the representative applicant L.S. - To., the representative of the Ministry of Justice of the Russian Federation of the chief specialist - the expert of department of state registration of regulatory legal acts in financial and economic spheres of Department of registration of departmental regulatory legal acts Yu., representatives of the Minister of Defence of the Russian Federation - the chief 3 departments of Department of claims and judicial and legal activities of the Ministry of Defence of the Russian Federation S. and the chief specialist - the expert of Department of claims and judicial and legal activities of the Ministry of Defence of the Russian Federation And. having considered in proceeding in open court civil case according to L.S.'s statement for recognition invalid from the date of its edition of the paragraph of the ninth Item 9 of the Procedure for certification of the combat veteran in the Armed Forces of the Russian Federation approved by the order of the Minister of Defence of the Russian Federation of August 11, 2012 No. 2288 "About approval of procedure for certification of the combat veteran in the Armed Forces of the Russian Federation"

established:

No. 2288 "About approval of procedure for certification of the combat veteran in the Armed Forces of the Russian Federation" is approved by the order of the Minister of Defence of the Russian Federation of August 11, 2012 the Procedure for certification of the combat veteran in the Armed Forces of the Russian Federation (further - the Procedure).

By the paragraph the ninth Item 9 of the Procedure it is determined that for execution of the conclusion about issue (about refusal in issue) the certificate and accounting of combat veterans are put to the address - for persons who were involved in fighting in the Republic of Tajikistan - the statements from orders of the corresponding commanders (chiefs) of military units, headquarters, task and other forces confirming direct participation of specified persons in fighting.

H.p. appealed to the Supreme Court of the Russian Federation with the application in which asks to recognize invalid from the moment of its edition Procedure Item 9 in that part which determines that persons who were involved in fighting in the Republic of Tajikistan for receipt of the certificate of the combat veteran need to provide the statements from orders of the corresponding commanders (chiefs) of military units confirming direct participation of specified persons in fighting.

In reasons for the statement he specified that he was involved from April 4, 1997 to February 13, 1998 in fighting in the Republic of Tajikistan. Documentary confirmation of its participation in fighting is the accounting card.

The applicant L.S. who is timely informed on time and the place of jurisdiction did not arrive to court and asked to consider case without its participation, but with participation of his representative by proxy To.

Representatives of the Ministry of Justice of the Russian Federation - Yu. and the Ministries of Defence of the Russian Federation - S. and And. the requirement of the applicant was not recognized, asked to refuse their satisfaction and explained everyone that the Procedure is published by the Minister of Defence of the Russian Federation within its powers, and the disputed regulation of the paragraph of the ninth Item 9 of the Procedure does not contradict the current legislation and does not violate any rights of the applicant.

Having listened to speeches of the representative applicant L.S. - To., representatives of the Ministry of Justice of the Russian Federation - Yu. and the Ministries of Defence of the Russian Federation - S. and And., having researched case papers and having heard the conclusion of the prosecutor Likhovidov K. S., believing necessary to refuse allowance of the application, the Supreme Court of the Russian Federation finds L.S.'s statement not subject to satisfaction as on this case of circumstances with which availability the law connects possibility of recognition of part of regulatory legal act invalid, is not available.

In pursuance of the specified provisions of the Federal Law the Government of the Russian Federation issues on December 19, 2003 the resolution No. 763 "About the certificate of the combat veteran", approved the Instruction about procedure for filling, issue and accounting of the certificate of the combat veteran.

According to Item to the second the called resolution in edition of the order of the Government of the Russian Federation of July 22, 2008 issue of the specified certificates is made No. 559 according to the procedure, established by the corresponding federal executive bodies.

According to Item the first, the subitem 43 Items of the seventh Regulations on the Ministry of Defence of the Russian Federation approved by the Presidential decree of the Russian Federation of August 16, 2004 No. 1082, the Russian Defense Ministry are the federal executive body performing functions on normative legal regulation in the field of defense and also other functions established by the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, realizes measures of legal and social protection of the military personnel, the citizens discharged from military service and members of their families.

The Ministry of Defence of the Russian Federation according to the Rules of preparation of regulatory legal acts of federal executive bodies and their state registration approved by the order of the Government of the Russian Federation of August 13, 1997 No. 1009, within the competence on basis and in pursuance of the Federal Laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation publishes regulatory legal acts.

Based on the regulations of the Federal Law and regulatory legal acts stated above the Minister of Defence of the Russian Federation within the powers conferred to him by these regulatory legal acts issues on August 11, 2012 the order No. 2288 "About approval of procedure for certification of the combat veteran in the Armed Forces of the Russian Federation" which approves the Procedure for certification of the combat veteran in the Armed Forces of the Russian Federation.

This order is registered in the Ministry of Justice of the Russian Federation on September 27, 2012, No. 2555, and is officially published in "The Russian newspaper", 2012, on October 5, No. 230.

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