On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 11, 2013 No. AKPI13-475

About refusal in allowance of the application about recognition invalid Items 5, 13 Methodical instructions for regulation of retail prices on the gas realized to the population, утв. Order of Federal Tariff Service of 27.10.2011 No. 252-e/2

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Emysheva V. A.,

in case of K.I.A's secretary.,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court civil case according to Sh.'s statement for recognition invalid Items 5, of 13 Methodical instructions for regulation of the retail prices on the gas realized to the population approved by the order of Federal Tariff Service of October 27, 2011 No. 252-e/2,

established:

the order of Federal Tariff Service of October 27, 2011 No. 252-e/2 approves Methodical instructions for regulation of retail prices on the gas realized to the population (further - Methodical instructions). The order is approved with the Ministry of Economic Development and Trade of the Russian Federation (on November 9, 2011 No. 24858-SV/D07), is registered in the Ministry of Justice of the Russian Federation on December 2, 2011, No. 22489, and is published in "The Russian newspaper" on December 14, 2011.

According to Item 5 of Methodical instructions retail prices are established differentially in the following directions (sets of the directions) of gas use: on cooking and heating of water with use of the gas stove (for lack of other directions of use of gas); on heating of water with use of gas water heater in the absence of the central hot water supply (for lack of other directions of use of gas); on cooking and heating of water with use of the gas stove and heating of water with use of gas water heater in the absence of the central hot water supply (for lack of other directions of use of gas); on heating with simultaneous use of gas on other purposes (except heating and (or) development of electrical energy with use of the boiler all types and (or) other equipment which are in common ownership of owners of rooms in apartment houses); on heating and (or) development of electrical energy with use of the boiler all types and (or) other equipment which are in common ownership of owners of rooms in apartment houses.

Item 13 of Methodical instructions provides that if the structure and (or) level of these Methodical instructions established at the time of the introduction owing to retail prices on gas does not correspond to their provisions, they are brought into accord taking into account need of respect for limits of growth of cost of housing and communal services and (or) payments of citizens for them.

Highway appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid Items 5, of 13 Methodical instructions for those bases that the challenged provisions order to determine anyway retail prices on gas different in the different directions of use of gas that 15 Basic provisions of forming contradict Items 8, and state regulation of gas prices and rates for the services in its transportation in the territory of the Russian Federation approved by the order of the Government of the Russian Federation of December 29, 2000 No. 1021, according to which gas prices can be differentiated on customer groups depending on different factors, the decision on that, to establish gas prices single or differentiated, is accepted by regional authorities.

In judicial session Sh. was not, on day of hearing of the case is informed properly, asked to consider case in its absence.

Representatives of Federal Tariff Service F., M., K.I.P. and the representative of the Ministry of Justice of the Russian Federation of B., objecting to the applicant's arguments, explained that Methodical instructions are published by competent authority of the executive authority, authorized to perform legal regulation in the field of state regulation of the prices (rates) for goods (services). Provisions of Items 5 and 13 of Methodical instructions correspond to the current legislation in the field of state regulation of the prices and do not violate the rights and legitimate interests of consumers.

Having listened to explanations of representatives of interested persons, having checked case papers, in view of the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Stepanova L. E., believing to refuse allowance of the application, the Supreme Court of the Russian Federation does not find reasons for satisfaction of the declared requirements.

The civil code of the Russian Federation regarding 1 Article 424 determines that in the cases provided by the law the prices (rates, quotations, rates, etc.) established or regulated by representatives on that state bodies are applied.

The Federal Law of March 31, 1999 No. 69-FZ "About gas supply in the Russian Federation" (further - the Federal Law of March 31, 1999 No. 69-FZ), determining legal, economic and organizational basis of the relations in the field of gas supply in the Russian Federation, provides price regulation on gas and rates for gas transportation services (Article 21).

According to article 8 of the called law Government of the Russian Federation establishes the principles of pricing on gas and rates for services in its transportation on gas transmission and gas distribution networks, procedure for compensation of the losses suffered by the gas-distributing organizations by gas supply to the population according to privileges, stipulated by the legislation the Russian Federation.

The order of the Government of the Russian Federation of December 29, 2000 No. 1021 approves Basic provisions of forming and state regulation of gas prices and rates for services in its transportation in the territory of the Russian Federation (further - Basic provisions); in the field of state regulation of the prices (rates) in coordination with the Ministry of Economic Development and Trade of the Russian Federation it is offered to federal executive body to approve methodical instructions for calculation of regulated prices for gas and rates for services in its transportation (Items 1, 3).

The Federal Tariff Service (Federal Tariff Service) according to Items 1, of 5.2.1 Regulations on Federal Tariff Service approved by the order of the Government of the Russian Federation of June 30, 2004 No. 332, is federal executive body, authorized to perform legal regulation in the field of state regulation of the prices (rates) for goods (services); accepts methodical instructions for calculation of regulated prices for gas.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info