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The document ceased to be valid since December 25, 2018 according to Item 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 50

RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of July 30, 2013 No. 58

About some questions arising in court practice by consideration by Arbitration Courts of cases on contest of regulatory legal acts

Due to the questions arising in court practice by hearing of cases about contest of regulatory legal acts and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

1. By rules of Chapter 23 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code) consider cases on contest of the acts adopted by public authority, local government body, other body, the official which content is constituted by precepts of law (rules of conduct) expected numerous application and attracting legal consequences for the uncertain group of people, or regulation which effective, change or cancelled the existing precepts of law.

Provisions of normative nature can be included in the appendices approved by regulatory legal act.

With respect thereto in case of determination of the legal nature of the challenged act Arbitration Courts should proceed from assessment of its content, in view of also following.

1.1. Acts of public authorities, local government bodies, other bodies performing public powers of approval (acceptance) of master plans of settlements, city districts, schemes of territorial planning of municipal districts, subjects of the Russian Federation, the Russian Federation have normative character as affect the rights of the uncertain group of people and are expected numerous application.

Acts of public authorities, local government bodies, other bodies performing public powers of approval of site plannings and boundary-setting plans, of establishment of borders of zones with special conditions of use of the territory (conservation, protective zones), about reservation of lands for the state and municipal needs do not contain rules of law and do not establish rules of conduct, and represent acts of application to the parcels of land (lands) in borders of the territory of the special legal regime provided by the law or other regulatory legal act determined by the relevant act. By the legal nature such acts are not regulatory legal acts and can be challenged by rules of Chapter of 24 AIC of the Russian Federation.

1.2. Decisions of authorized body of the government in the field of state regulation of rates, other body performing public powers, about approval of individual rates for specific subjects or other specific parameters concerning specific objects, and also containing, are not regulatory legal acts. However the Arbitration Court can recognize such decisions as regulatory legal acts if determines that they extend to the uncertain group of people.

2. Owing to Article 29 and part 4 Articles of 191 AIC of the Russian Federation cases on contest of the regulatory legal acts affecting the rights and legitimate interests of the applicant in the sphere of business and other economic activity are considered by Arbitration Court if their consideration according to the Federal Law is referred to competence of Arbitration Court.

At the same time Arbitration Courts need to be guided by the following.

2.1. The application for recognition of regulatory legal act can be submitted by invalid to Arbitration Court if the Federal Law directly provides appeal of regulatory legal act in Arbitration Court and also if the Federal Law contains specifying for consideration in Arbitration Court of disputes in certain sphere of legal regulation as it means including possibility of appeal in Arbitration Court of regulatory legal acts in this sphere (for example, Item 10 of article 23.1 of the Federal Law of 26.03.2003 No. 35-FZ "About power industry").

2.2. If by the Federal Law it is determined that the regulatory legal act can be appealed in court or Arbitration Court, case on contest of such act if it infringes the rights and legitimate interests of the applicant in the sphere of business and other economic activity, is considered by Arbitration Court (Articles 29, 191 AIC of the Russian Federation).

If the Federal Law provides appeal of regulatory legal acts judicially, statements for recognition invalid such regulatory legal acts are not subject to consideration in Arbitration Court.

2.3. If the Federal Law provides appeal in Arbitration Court of regulatory legal acts by the organizations and individual entrepreneurs (for example, part 3 of article 54 of the Federal Law of 24.07.2009 No. 212-FZ "About insurance premiums in the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Health Insurance Fund"), then to appeal to Arbitration Court with the statement for recognition invalid regulatory legal act the having the right these persons.

If the Federal Law establishes appeal in Arbitration Court of the regulatory legal acts affecting the rights and legitimate interests of persons in the sphere of business and other economic activity (for example, part 9 of article 4 of the Federal Law of 27.11.2010 No. 311-FZ "About customs regulation in the Russian Federation"), then with the corresponding statement any person has the right to appeal to Arbitration Court if the challenged act infringes its rights and legitimate interests in the sphere of business and other economic activity.

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