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Герб

On behalf of the Russian Federation


DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of September 24, 2014 No. AKPI14-926

About recognition partially invalid paragraph two of Item 3.1.5 of the Procedure for use of archive documents in the Public and municipal Records Offices of the Russian Federation approved by the Order of the Ministry of Culture of the Russian Federation of June 3, 2013 No. 635

The Supreme Court of the Russian Federation in structure:

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

in case of S.S.'s secretary,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court civil case according to G.'s statement for recognition partially invalid paragraph two of Item 3.1.5 of the Procedure for use of archive documents in the Public and municipal Records Offices of the Russian Federation approved by the order of the Ministry of Culture of the Russian Federation of June 3, 2013 No. 635,

established:

No. 635 is approved by the order of the Ministry of Culture of the Russian Federation of June 3, 2013 the Procedure for use of archive documents in the Public and municipal Records Offices of the Russian Federation (further - the Procedure).

The regulatory legal act is registered in the Ministry of Justice of the Russian Federation on November 14, 2013, registration number 30386, is published in "The Russian newspaper" on November 22, 2013.

According to the paragraph to the second Procedure Item 3.1.5 the user has the right to order one-timely during the working day and to receive not later than in 2 working days from the date of order placement up to 20 cases with a total amount no more than 1500 sheets from archive funds of state bodies, local government bodies and the organizations or no more than 500 sheets from archive funds of personal origin.

No. AKPI14-176 the paragraph two of Item 3.1.5 is acknowledged as the decision of the Supreme Court of the Russian Federation of April 21, 2014 invalid in the part limiting the rights of users to order and receive archiving in amount more than 1500 sheets from archive funds.

The citizen G. appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid the Procedure Item 3.1.5 paragraph two in the part limiting the rights of users to order and receive archiving in amount more than 500 sheets from archive funds of personal origin.

As the applicant specifies, the challenged provisions of regulatory legal act contradict part 1, to Item 2 of part 1.1 of article 24 of the Federal Law of October 22, 2004 No. 125-FZ "About archiving in the Russian Federation", to the subitem 4 of item 4 of article 8 of the Federal Law of July 27, 2006 No. 149-FZ "About information, information technologies and on information security" and limit the rights of users to access to archive documents.

In court the applicant G. supported the declared requirements and explained that stored in the federal Public Records Offices are dealt from funds of personal origin which amount exceeds 500 sheets. Following Procedure Item 3.1.5, archives shall refuse issue to the user to the reading room even of one case which amount exceeds 500 sheets.

Representatives of the Ministry of Culture of the Russian Federation of R., the Ministry of Justice of the Russian Federation of S.N. objected to satisfaction of the declared requirements and explained to court that the challenged provisions of regulatory legal act are published within powers of federal executive body, correspond to the current legislation and do not violate the rights of users.

Having listened to G.'s explanations, representatives of the Ministry of Culture of the Russian Federation of R., the Ministry of Justice of the Russian Federation of S.N., 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 subject to satisfaction, and judicial debate, the Supreme Court of the Russian Federation finds the declared requirements subjects to satisfaction.

Governing the relations in the field of stores organization, completing, accounting and use of documents of Archive fund of the Russian Federation and other archive documents, the Federal Law "About Archiving in the Russian Federation" provides in part 5 of Article 26 that the procedure for use of archive documents in the Public and municipal Records Offices is determined by specially authorized Government of the Russian Federation executive body.

The order of the Government of the Russian Federation of July 20, 2011 No. 590 approves Regulations on the Ministry of Culture of the Russian Federation according to which the Ministry of Culture of the Russian Federation is the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of culture, art, cultural heritage, cinematography, archiving (Item 1).

The procedure regulates the organization of work of users with documents of Archive fund of the Russian Federation, other archive documents which are not containing the data which are the state secret and help and search means to them in reading rooms of the Public and municipal Records Offices.

According to Regulations on the Ministry of Culture of the Russian Federation when implementing legal regulation in the established field of activity of the Ministry of Culture of the Russian Federation the functions which are not provided by the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation and power of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies have no right to establish, and also has no right to set restrictions for implementation of the rights and freedoms of citizens, the rights of non-state commercial and non-profit organizations (Item 7).

Item 3.1.5 of the Procedure establishes the regulation determining procedure for issue of cases according to which the user archive documents can one-timely order up to 20 cases with a total amount no more than 500 sheets from archive funds of personal origin.

GOST P7.0.8-2013 "SIBID. Clerical work and archiving. Terms and determinations", No. 1185 of St approved by the order of Rosstandart of October 17, 2013, determines case as the set of documents or the document relating to one question or the site of activities, placed in one cover.

Follows from the data provided by the applicant that in archives are dealt stored which amounts exceed 500 sheets from archive funds of personal origin.

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