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On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 8, 2014 No. AKPI14-148

About recognition partially invalid Item 41 of Administrative regulations of provision by the Ministry of Justice of the Russian Federation of the state service in decision making on state registration of non-profit organizations, утв. Order of the Ministry of Justice of the Russian Federation of 30.12.2011 No. 455

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Tolcheev N. K.,

in case of K.N. secretary,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court civil case according to the statement And. about recognition partially invalid Item 41 of Administrative regulations of the provision by the Ministry of Justice of the Russian Federation of the state service in decision making on state registration of non-profit organizations approved by the order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455,

established:

(Ministry of Justice of the Russian Federation) of December 30, 2011 No. 455 is approved by the order of the Ministry of Justice of the Russian Federation Administrative regulations of provision by the Ministry of Justice of the Russian Federation of the state service in decision making about state registration of non-profit organizations (further - Administrative regulations). The regulatory legal act is registered in the Ministry of Justice of the Russian Federation on February 2, 2012, registration No. 23117, is published in "The Russian newspaper", 2012, on March 16.

And. appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid Item 41 of Administrative regulations regarding regulations of paragraph one that all documents, except the documents submitted electronically, and constituent documents of non-profit organization, are represented on state registration in duplicate, one of which shall be the original.

According to the applicant, the disputed regulation, requiring submission of documents in duplicate, including one of them in the original, No. 95-FZ "About political parties" which does not contain such requirement contradicts article 16 of the Federal Law of July 11, 2001, establishes the exhaustive list of the documents submitted for state registration of the political party created at constituent congress of political party (Item 1); prohibits to federal authorized body to demand from political party not of stipulated in Item 1 this Article documents (Item 2). And. refers to the fact that the Ministry of Justice of the Russian Federation suspended state registration of political party which authorized person it was, one of motives were served for this purpose by non-presentation of some documents in duplicate.

The Ministry of Justice of the Russian Federation in written objections specified the statement that requirements of paragraph one of Item 41 of Administrative regulations about representation of two copies of documents for state registration is caused by special procedure for state registration of political party with participation of two public authorities - authorized body which the Ministry of Justice of the Russian Federation, and registering body - the Federal Tax Service is.

Having listened to explanations of the representative applicant K.D., objection of the representative of the Ministry of Justice of the Russian Federation., having checked the challenged normative provision for compliance to the regulatory legal acts having big legal force, having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Stepanova L. E., believing the declared requirement to satisfy, the Supreme Court of the Russian Federation finds the statement subject to satisfaction on the following bases.

The relations arising in connection with state registration of legal entities during their creation, reorganization and liquidation, in case of modification of their constituent documents and also in connection with maintaining the state registers - the Unified State Register of Legal Entities and the Unified State Register of Private Entrepreneurs, are regulated by the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" which Article 10 provides that the special order of registration of separate types of legal entities can be established by the Federal Laws.

Owing to article 15 of the Federal law "About Political Parties" the political party and its regional departments are subject to state registration according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" taking into account the special procedure for state registration of political party and its regional departments established by this Federal Law. The political party and its regional departments perform the activities in full including as legal entities, from the moment of state registration. Confirmation of state registration of political party or its regional department is the document confirming the fact of introduction of record about political party or its regional department in the Unified State Register of Legal Entities (Item 1); the decision on state registration of political party and its regional departments is accepted respectively by federal authorized body and its territorial authorities (further - authorized bodies). Entering into the Unified State Register of Legal Entities of data on creation, reorganization and liquidation of political party and its regional departments, and also provided by the Federal Laws of other data is performed by the federal executive body authorized according to article 2 of the Federal law "About State Registration of Legal Entities and Individual Entrepreneurs" (further - registering body) based on the decision on the corresponding state registration accepted by federal authorized body or its territorial authority. At the same time the order of interaction of authorized bodies with registering body concerning state registration of political party and its regional departments is determined by the Government of the Russian Federation (Item 2).

The federal authorized body making the decision on state registration of political parties is the Ministry of Justice of the Russian Federation (subitem 30.7 of Item 7 of the Regulations on the Ministry of Justice of the Russian Federation approved by the Presidential decree of the Russian Federation of October 13, 2004 No. 1313), and the authorized federal executive body performing state registration of legal entities - the Federal Tax Service (Item 1, subitem 5.3.1 of the Regulations on the Federal Tax Service approved by the order of the Government of the Russian Federation of September 30, 2004 No. 506).

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