On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 15, 2013 No. AKPI13-528

About refusal in allowance of the application about recognition invalid Items 8, 16 (the paragraph third), 54 appendices to the Order of Ministry of Transport of the Russian Federation of 25.10.2010 No. 231 "About introduction of amendments to the Order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82"

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Tolcheev N. K.,

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 P.'s statement for recognition invalid Items 8, 16 (the paragraph third), 54 appendices to the order of the Ministry of Transport of the Russian Federation of October 25, 2010 No. 231 "About introduction of amendments to the order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82",

established:

in appendix to the order of the Ministry of Transport of the Russian Federation of October 25, 2010 changes and additions made to the order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82, which approves the Federal aviation rules "General Rules of Airborne Transportations of Passengers, Baggage, Loads and Requirement to Servicing of Passengers, Consignors, Consignees" (further - Federal aviation rules) are specified to No. 231 (further - Appendix).

Appendix Item 8 in Item 27 of Federal aviation rules of the word: "At the same time the obligation of carrier on transportation of the passenger does not stop" are shall be replaced with words "The refusal of the passenger of transportation on any site of route of transportation is recognized change of route of transportation and is performed according to the procedure, provided for change by the passenger of terms of the contract of airborne transportation of the passenger".

According to Appendix Item 16 Item 44 of Federal aviation rules is stated in other edition, in particular its paragraph provides third: "The agreement of airborne transportation of the passenger is drawn up by one ticket or the additional ticket(s) which is drawn up together with it in which number of the ticket to which he(they) is drawn up is specified".

Appendix Item 54 Chapter XXII of Federal aviation rules is added with Item 230.1 in the following edition: "230.1. Voluntary change by the passenger of terms of the contract of airborne transportation of the passenger, the agreement of airborne transportation of load is performed under approval between carrier and the passenger, the consignor in accordance with the terms of the applied rate.

Change by the passenger of route of transportation (change of Items between which transportation, change of the sequence of Items established in the carriage document is carried out, between which transportation is carried out, refusal of flight on one or several sites of route of transportation), change of date or time of departure, change of class of servicing, the applied rate and other changes of terms of the contract of airborne transportation of the passenger are made within obligation duration on transportation of the passenger, except cases of forced change by the passenger of terms of the contract of airborne transportation of the passenger.

Recalculation of transportation payment in case of change by the passenger of terms of the contract of airborne transportation of the passenger is made according to the procedure, established by the Rules of forming and application of rates for regular airborne transportations of passengers and baggage, collection of charges of civil aviation approved by the order of the Ministry of Transport of the Russian Federation of September 25, 2008 No. 155 (registration No. 12793) is registered by the Ministry of Justice of the Russian Federation on December 4, 2008, with the changes made by the Order of the Ministry of Transport of the Russian Federation of March 16, 2009 No. 39 ((Ministry of Justice of the Russian Federation) on April 7, 2009, registration No. 13698) is registered by the Ministry of Justice of the Russian Federation".

The item appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid the provided precepts of law, motivating the requirements with the fact that, first, Annex was not officially published in "The Russian newspaper"; secondly, the made changes apply for regulation of contractual relations with the passenger whereas the Ministry of Transport of the Russian Federation (further - the Ministry of Transport of the Russian Federation) is authorized to publish obligatory general rules of use of means of civil aviation for transportation agreement performance for carrier, but has no right to determine conditions of the agreement, the federal executive body authorized in the field of transport establishes forms of the ticket, the luggage receipts and other documents used when rendering services in airborne transportation, but not in the form of federal aviation rules; thirdly, content of Items 8, 16 (the paragraph third), 54 Appendices brings ambiguity, both in the corresponding Items, and in the regulations of Federal aviation rules interconnected with them and generates their ambiguous interpretation in case of law enforcement, the route of transportation is understood as flight route, and as the site of route - the site of route (flight) entering route of one flight, one ticket can certify one and more transportation agreements, each of which is carried out by separate flight; fourthly, the disputed changes infringe at the passenger's rights as the creditor and consumer who did not use the made reservation on any site of route of transportation on unconditional continuation of transportation, on return of transportation payment for outstanding part of transportation less the expenses which are actually incurred by carrier; fifthly, the Ministry of Transport of the Russian Federation is not authorized to determine what is the subject of the agreement of transportation and its change, and also to confer to carrier powers to limit change of the agreement to conditions of transportation payment, sending to Rules of forming and application of rates for regular airborne transportations of passengers and baggage, collections of charges in the field of civil aviation is illegal as this order is not published in accordance with the established procedure.

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