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Герб России

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of August 14, 2013 No. AKPI13-616

About leaving without allowance of the application about recognition invalid the first and second offers of Item 27 of the Federal aviation rules "General Rules of Airborne Transportations of Passengers, Baggage, Loads and Requirement to Servicing of Passengers, Consignors, Consignees", утв. The order of the Ministry of Transport of the Russian Federation of 28.06.2007 No. 82

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Romanenkov N. S.,

in case of K.I. secretary,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court civil case according to the statement of Interregional public organization of assistance to protection of the rights of passengers "The union of passengers" about recognition invalid the first and second offers of Item 27 of the Federal aviation rules "General Rules of Airborne Transportations of Passengers, Baggage, Loads and Requirement to Servicing of Passengers, Consignors, Consignees" approved by the order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82,

established:

according to Item 27 of the Federal aviation rules "General Rules of Airborne Transportations of Passengers, Baggage, Loads and Requirement to Servicing of Passengers, Consignors, Consignees" if the passenger did not use the made passenger seat on any site of route of transportation, then the passenger shall report to carrier about intention to continue transportation on the subsequent sites of route of transportation. If the passenger did not report to carrier about intention to continue transportation, the carrier has the right to cancel booking on each subsequent site of route of transportation without notice of the passenger. 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. 

Interregional public organization of assistance to protection of the rights of passengers "Union of passengers" appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid Item 27 of Rules, referring to the fact that the challenged provisions of regulatory legal act are uncertain, contradict the current legislation, are published with abuse of authority of federal executive body and violate the rights of passengers.

In court representatives of MOO "Union of Passengers" P.S., P. V. supported the declared requirements, having explained that the federal executive body established actually new regulation of the civil law which allows air carrier not only to unilaterally change essential conditions of the obligation on transportation of the passenger (and its baggage), and also to refuse unilaterally obligation fulfillment on transportation.

Representatives of the Ministry of Transport of the Russian Federation of T., O.E., the Ministry of Justice of the Russian Federation of K.M. objected to satisfaction of the declared requirements and explained to court that the challenged provisions of regulatory legal act correspond to the current legislation, are published within powers of federal executive body and do not violate the right of passengers.

Having listened to explanations of representatives of MOO "Union of Passengers" P.S., P. V., the Ministry of Transport of the Russian Federation of T., E.S., the Ministry of Justice of the Russian Federation of K.M., having researched case papers, having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Masalova L. F., believing that the statement is not subject to satisfaction, and judicial debate, the Supreme Court of the Russian Federation does not find reasons for satisfaction of the declared requirements.

According to Article 784 of the Civil code of the Russian Federation transportation of goods, passengers and baggage is performed based on the transportation agreement.

General terms of transportation are determined by transport charters and codes, other laws and rules published according to them.

The air code of the Russian Federation in Article 102 determines that carriers in case of accomplishment of airborne transportations shall follow the general rules of airborne transportations of passengers, baggage and loads and the requirement to servicing of passengers, consignors, consignees established by federal aviation rules.

 According to Item 7 of Article 3 of the Civil code of the Russian Federation the ministries and other federal executive bodies can issue the acts containing regulations of the civil law in cases and in the limits provided by this Code, other laws and other legal acts.

Federal rules of use of airspace and federal aviation rules according to article 2 of the Air code of the Russian Federation are the regulations governing the relations in the field of use of airspace and in the field of aircraft. They are accepted according to the procedure, determined by the Government of the Russian Federation.

The order of the Government of the Russian Federation of March 27, 1998 No. 360 approves Regulations on preparation of federal rules of use of air transport and federal aviation rules according to which the Ministry of Transport of the Russian Federation federal aviation rules in the field of regulation of activities of civil aviation affirm. Federal aviation rules are part of the air legislation of the Russian Federation and are obligatory for execution by citizens and legal entities.

The order of the Ministry of Transport of the Russian Federation of June 28, 2007 No. 82 approves the Federal aviation rules "General Rules of Airborne Transportations of Passengers, Baggage, Loads and Requirement to Servicing of Passengers, Consignors, Consignees" (further - Rules) which are effective in edition of orders of the Ministry of Transport of the Russian Federation of October 8, 2008 with No. 165, of October 25, 2010 No. 231, of April 2, 2012 No. 88.

The regulatory legal act is registered in the Ministry of Justice of the Russian Federation on September 27, 2007, registration number 10186 also is published in "The Russian newspaper" of October 10, 2007.

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