On behalf of the Russian Federation
of October 12, 2015 No. 25-P
On the case of check of constitutionality of Item 5 of part 1 of Article 150 of the Arbitral Procedure Code of the Russian Federation in connection with the claim of the citizen D. A. Tatarnikov
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, 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 5 parts of 1 Article of 150 AIC of the Russian Federation.
Reason for consideration of the case was the claim of the citizen D. A. Tatarnikov. 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 M. I. Kleandrov, having studied the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Item 5 parts of 1 Article of 150 AIC of the Russian Federation the Arbitration Court stops proceeedings if determines that the organization which is party to the case is liquidated.
1.1. The ruling of arbitration court of the Ivanovo region of October 2, 2014 partially granted the application of interdistrict Inspectorate of the Federal Tax Service No. 3 for the Ivanovo region for recognition illegal the actions (failure to act) of the citizen D. A. Tatarnikov made by it when implementing obligations of the receiver of the legal entity declared bankrupt - Managing Utility and Economic Company LLC.
Having counted the rights as receiver broken by this determination, D. A. Tatarnikov appealed it in appeal procedure, however the Second Arbitration Appeal Court in determination of December 23, 2014, being guided by Item 5 parts of 1 Article of 150 AIC of the Russian Federation, and also the explanation containing in Item 48 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 15, 2004 No. 29 "About some questions of practice of application of the Federal Law "About Insolvency (Bankruptcy)" according to which the Arbitration Court considers disagreements, statements, petitions and claims in the case of bankruptcy before entering of record about liquidation of the debtor into the Unified State Register of Legal Entities; from the moment of entering of record about liquidation of the debtor into the Unified State Register of Legal Entities based on the proofs about liquidation of the debtor which arrived from the receiver or registering body, the Arbitration Court takes out determination about cessation of production on consideration of all disagreements, statements, petitions and claims, stopped production according to D. A. Tatarnikov's claim on the ground that on October 7, 2014 in the Unified State Register of Legal Entities record about state registration of the termination of activities of Managing Utility and Economic Company LLC in connection with its liquidation based on the arbitration court ruling about completion of bankruptcy proceedings was made.
1.2. As appears from Articles 74, 96 and 97 Federal constitutional Laws "About the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation, checking according to the claim of the citizen constitutionality of the legislative provisions applied in specific case which consideration is complete in court, and affecting constitutional rights and freedoms to which violation the applicant refers accepts the resolution only in the subject specified in the claim and only concerning that part of the act which constitutionality is called in question, estimating both literal sense of the considered legislative provisions, and the sense given them by official and other interpretation or the developed law-enforcement practice and also proceeding from their place in system of precepts of law, without being connected in case of decision making by the bases and arguments stated in the claim.
According to the applicant, the disputed legislative provision does not correspond to Articles 46 (parts 1 and 2), 50 (part 3) and 55 (part 3) Constitutions of the Russian Federation as in the sense given by official interpretation and the developed law-enforcement practice of Arbitration Courts it excludes possibility of contest of the arbitration court rulings which are taken out about the rights and the receiver's obligations in the case of insolvency (bankruptcy) of the legal entity in connection with liquidation of this legal entity.
Thus, subject of consideration of the Constitutional Court of the Russian Federation of this case is the Item 5 parts of 1 Article of 150 AIC of the Russian Federation in that measure in what in the sense given by the developed law-enforcement practice it is for Arbitration Appeal Courts the basis of cessation of production according to the claim of the receiver to the ruling of arbitration court of the first instance which its actions (failure to act) made within case on bankruptcy are recognized illegal, in case of entering into the Unified State Register of Legal Entities of record about liquidation of the debtor.
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