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Герб России

ON BEHALF OF THE RUSSIAN FEDERATION
DECISION OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of August 19, 2013 No. BAC-7282/2013

About recognition of subitems "g" and "d" of Item 1 of the Order of the Ministry of Economic Development of the Russian Federation of 12.07.2010 No. 292 invalid in that part in what these provisions in interrelation with item 4 of the Order of the Ministry of Economic Development of the Russian Federation of 12.07.2010 No. 292 is allowed increase in fixed price of publication by the official publication of data on the insolvency (bankruptcy) determined by results of tender between the editorial offices of printing mass media and reflected in the relevant agreement (agreement) signed by competent authority of the executive authority with the official publication in case do not contain in the tender documentation of the rule about increase (indexation) in the price

The substantive provisions of the decision are announced on August 12, 2013

In full the decision is made on August 19, 2013

The Supreme Arbitration Court of the Russian Federation as a part of the chief judge Razumov I. V., Veseneva N. A. judges. and Miftakhutdinova R. T. in case of taking the minutes of judicial session by the assistant judge Vysotskaya O. S. No. 292 "About determination of circulation of the official publication in which are subject to publication of the data according to the Federal Law "About Insolvency (Bankruptcy)", frequency, procedure and terms of publication, and also service price on publication of such data" considered in proceeding in open court the application of the arbitration manager Parfyonov Oleg Aleksandrovich for recognition invalid subitems "g" and "d" of Item 1 of the order of the Ministry of Economic Development of the Russian Federation of 12.07.2010.

Representatives took part in judicial session:

arbitration manager Parfyonov O. A. - Litvinov M. M. (power of attorney of 25.06.2013; to break);

The Ministry of Economic Development of the Russian Federation - Beshtoyev M. I. (power of attorney of 19.06.2013 No. 78-AB);

The Ministry of Justice of the Russian Federation - Chizhikova T. Yu. (power of attorney of 27.12.2012 No. 01/278-AK);

federal state budgetary institution "Editorial office" of the Russian newspaper" - Kurtenkova O. A. (power of attorney of 10:01. 2013); Hlyustov P. V. (power of attorney of 03.07.2013; to break); Chernobel Ya. A. (power of attorney of 03.07.2013; to break);

private company "Kommersant. Publishing house" - Zharkov of F. (power of attorney of 27.12.2012: to break); Ivanov G. A. (power of attorney of 01:10. 2012); K.A. Carpenters (power of attorney of 01:06. 2012);

private company of SVR-Mediaproyekta - Moroz A. I. (power of attorney of 22:07. 2013). Court

established:

arbitration manager Parfyonov O. A. No. 292 "About determination of circulation of the official publication in which are subject to publication of the data according to the Federal Law "About Insolvency (Bankruptcy)", frequency, procedure and terms of publication, and also service price on publication of such data" appealed to the Supreme Arbitration Court of the Russian Federation with the statement to the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of the Russian Federation) for recognition invalid subitems "g" and "d" of Item 1 of the order of the Ministry of Economic Development of the Russian Federation of 12.07.2010 as to contradicting provisions of the Civil code of the Russian Federation (further - the Civil code) establishing rules of the conclusion of agreements at the biddings, and regulations of the Federal Law of 26.07.2006 No. 135-FZ "About protection of the competition" (further - the Marine life protection act of the competition), to the prohibiting federal executive bodies to adopt legal acts which bring or can lead to non-admission, restriction, to competition elimination.

In case in quality of the interested person the Ministry of Economic Development of the Russian Federation, as the third parties who are not declaring independent requirements concerning matter in issue - the Ministry of Justice of the Russian Federation (Ministry of Justice of the Russian Federation), federal state budgetary institution "Editorial office" of the Russian newspaper" (further - the editorial office of "The Russian newspaper"), private companies "the Kommersant is recruited. Publishing house" (further - Kommersant publishing house) and SVR-Mediaproyekta (further - society of SVR-Mediaproyekta).

In reasons for the statement arbitration manager Parfyonov O. A. referred to the fact that the Ministry of Economic Development of the Russian Federation the challenged order provisions without carrying out competitive selection changed the price of publication of data on bankruptcy towards increase that led to growth of the corresponding expenses performed at the expense of property of poor debtors reduced the competitive mass of the last directed to repayment of the current obligations and register requirements of creditors and, as a result, violated the rights and legitimate interests of arbitration managers to receipt of remuneration which size depends, including, on the size of the met requirements of creditors.

Offering explanations in court, the representative of the arbitration manager Parfyonov O. A. supported arguments of the statement.

Representatives of the Ministry of Justice of the Russian Federation, editorial office of "The Russian newspaper", Kommersant publishing house and society of SVR-Mediaproyekta considered the declared requirements unreasonable.

Besides, the Ministry of Economic Development of the Russian Federation believed that the dispute is not subordinated to Arbitration Courts and, as a result, is incompetent to the Supreme Arbitration Court of the Russian Federation in this connection asked to stop proceeedings. This petition is in writing supported by Kommersant publishing house.

The court finds this petition subject to variation.

Owing to Article 29 and part 4 of Article 191 of the Arbitral Procedure Code of the Russian Federation of case on contest of the regulatory legal acts affecting the rights and legitimate interests of the applicant in the field of business and other economic activity are considered by Arbitration Courts if their consideration according to the Federal Law is referred to competence of Arbitration Court.

In sense of this regulation the application for recognition of regulatory legal act can be submitted by invalid to Arbitration Court, including if the Federal Law contains specifying for consideration in Arbitration Court of disputes in certain sphere of the right regulation as it means also possibility of appeal in Arbitration Court of regulatory legal acts in this sphere.

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