On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 18, 2015 No. 10-P

On the case of check of constitutionality of Item 2 of article 21.1 of the Federal law "About State Registration of Legal Entities and Individual Entrepreneurs" in connection with the claim of Otdelservice limited liability company

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of Item 2 of article 21.1 of the Federal law "About State Registration of Legal Entities and Individual Entrepreneurs".

Reason for consideration of the case was the claim of Otdelservice LLC. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.

Having heard the message of the judge-speaker L. M. Zharkova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to Item 2 of article 21.1 of the Federal Law of August 8, 2001 No. 129-FZ the registering body makes the decision on the forthcoming exception of the legal entity of the Unified State Register of Legal Entities in the presence of at the same time all signs of the invalid legal entity specified in Item 1 of this Article to which are carried "On state registration of legal entities and individual entrepreneurs": non-presentation within the last twelve months preceding the moment of adoption by registering body of the relevant decision, documents of the reporting stipulated by the legislation the Russian Federation about taxes and fees, and non-realization of transactions at least according to one bank account; such legal entity is recognized actually stopped the activities and can be excluded from the Unified State Register of Legal Entities according to the procedure, provided by the specified Federal Law.

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