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Герб России

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 24, 2014 No. AKPI14-655

About refusal in allowance of the application about recognition partially invalid the paragraph of the fifth Item 24 of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in registration of automotor-vehicles and trail cars to them approved by the Order of the Ministry of Internal Affairs of the Russian Federation of 07.08.2013 No. 605

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Zaytsev V. Yu.,

in case of S.'s secretary,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court civil case according to Sh.'s statement for contest of the paragraph of the fifth Item 24 of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in registration of automotor-vehicles and trail cars to them approved by the order of the Ministry of Internal Affairs of the Russian Federation of August 7, 2013 No. 605,

established:

No. 605 is approved by the order of the Ministry of Internal Affairs of the Russian Federation of August 7, 2013 Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in registration of automotor-vehicles and trail cars to them (further - Administrative regulations). The order is registered in the Ministry of Justice of the Russian Federation on September 27, 2013, registration number 30048, and is published on October 4, 2013 in "The Russian newspaper". The administrative regulations determine terms and the sequence of ministerial procedures (actions) of officials of divisions of the State traffic inspectorate at the district and regional levels, and also the Center of special purpose in the field of safety of traffic of the Ministry of Internal Affairs of the Russian Federation to whom the obligation on provision of the state service in registration of automotor-vehicles and trail cars to them is assigned.

According to the paragraph the fifth Item 24 of Administrative regulations the basis for refusal in provision of the state service is detection of signs of concealment, counterfeit, change, destruction of the identification marking applied on vehicles with the organizations manufacturers, or counterfeits of the submitted documents, discrepancies of vehicles and number aggregates to the data specified in the submitted documents or to registration data, and also in the presence of data on finding of vehicles, number aggregates in search or the submitted documents among the lost (kidnapped persons).

Highway appealed to the Supreme Court of the Russian Federation with the application in which asks to recognize the given provision of Administrative regulations invalid. As the applicant specified, he possesses the car ". .", which at the former owner was stolen and has the changed identification numbers of body (VIN) and the engine that is confirmed by the conclusion of criminalistic examination. In March, 2014 Sh. addressed to division of the State traffic inspectorate across Moscow with the statement for carrying out registration actions concerning this car, however was refused to it it with reference to Item 24 of Administrative regulations. The disputed regulation contradicts part 2 Articles 35, of part 3 of article 55 of the Constitution of the Russian Federation, to Articles 1, of 129, 209 and 216 Civil codes of the Russian Federation, to Item 3 of article 15 of the Federal Law of December 10, 1995 No. 196-FZ "About traffic safety" and deprives of the owner of the vehicle of opportunity to use and dispose of the property belonging to it.

In judicial session applicant H's representative. supported the statement and asked about its satisfaction.

Representatives of the Ministry of Internal Affairs of the Russian Federation M. and And. the declared requirement was not recognized, referring to the fact that the Administrative regulations in the disputed part correspond to the legislation of the Russian Federation and does not violate right and freedom of man and citizen. To the applicant it was refused registration of the change of data on the owner of the vehicle which is earlier stolen and returned to the former owner with the changed marking, due to the lack in the regulatory legal acts regulating activities of the State traffic inspectorate, procedure for carrying out such registration actions. For the purpose of establishment of single operations procedure and decision making concerning the stolen vehicles which are returned to their owners with the changed marking by the Ministry of Internal Affairs of the Russian Federation performs preparation of changes in Administrative regulations. The corresponding project of regulatory legal act after its preparation will be in accordance with the established procedure placed for public discussion. Before adoption of such act registration actions with the vehicles having the changed marking shall be carried out according to requirements of Item 41 of Administrative regulations what it is reported in all territorial authorities of the State traffic inspectorate by the letter of May 13, 2014 No. 13/4-u-2955 about. Thus, in case of the appeal of the applicant to registration division of the State traffic inspectorate with the corresponding statement registration actions with the car belonging to it for change of information about the owner can be made.

The representative of the Ministry of Justice of the Russian Federation of Ch. believed that the Administrative regulations are accepted by authorized federal executive body and in the disputed part does not contradict the current legislation of the Russian Federation.

Having heard explanations of representatives of persons participating in case, having studied case papers and having listened to the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Masalova L. F., the applicant believing the requirement to leave without satisfaction, the court finds Sh.'s statement not subject to satisfaction on the following bases.

Owing to part 3 of article 55 of the Constitution of the Russian Federation of right and freedom of man and citizen can be limited to the Federal Law only in that measure in what it is necessary for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state. The similar provision contains in Item 2 of Article 1 of the Civil code of the Russian Federation.

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