On behalf of the Russian Federation
of October 20, 2015 No. 27-P
On the case of check of constitutionality of part three of article 333 of the Civil Procedure Code of the Russian Federation in connection with claims of citizens A. I. Karabanov And V. A. Martynov
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 part three of Article 333 GPK of the Russian Federation.
Reason for consideration of the case were claims of citizens A. I. Karabanov and V. A. Martynov. 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 applicants.
As both claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.
Having heard the message of the judge-speaker G. A. Zhilin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Article part three 333 GPK of the Russian Federation the private claim, representation of the prosecutor to determination of Trial Court, except for determinations about suspension of proceeedings, about suit abatement, about leaving of the statement without consideration, about satisfaction or about refusal in allowance of the application, ideas of review of court decrees on again opened or new circumstances, about forced execution or about refusal in forced execution of the foreign judgment, about recognition or about refusal in recognition of the foreign judgment, about recognition and execution or about refusal in recognition and execution of decisions of foreign reference tribunals (arbitration), about cancellation of the decision of reference tribunal or refusal in cancellation of the decision of reference tribunal, about issue of writ of execution on forced execution of the decision of reference tribunal or about refusal in issue of writ of execution on forced execution of the decision of reference tribunal, are considered without notice of persons participating in case (paragraph one); taking into account nature and complexity of the resolved procedural question, and also arguments of the private claim, representation of the prosecutor and objections concerning them the Appeal Court can call persons participating in case in judicial session, having informed them on time and the place of consideration of the private claim, representation of the prosecutor (paragraph two).
1.1. Dzerzhinsky district court of the city of Novosibirsk the decision of September 18, 2013 left without change appeal determination of judicial board on civil cases of the Novosibirsk regional court of January 23, 2014 refused satisfaction of the claim of the citizen A. I. Karabanov to gardening non-commercial partnership "Dawn" about recognition invalid decisions and protocols of meetings of this partnership, its seal and registration of the changes in the Unified State Register of Legal Entities made to the charter, and also on recognition illegal actions of the citizen of the Item.
The statement for expense recovery for fee of the representative in court in the amount of 36 thousand rubles with which afterwards the gardening non-commercial partnership "Dawn" appealed to Dzerzhinsky district court of the city of Novosibirsk was satisfied with determination of this court of April 30, 2014. Private claim A.I. Karabanova on this determination was left without satisfaction with judicial board on civil cases of the Novosibirsk regional court (appeal determination of June 5, 2014) which considered it in judicial session without challenge of the parties. Having researched case papers, the Appeal Court did not agree with the arguments containing in the private claim and, being guided by part one of Article 98 and part one of Article 100 GPK of the Russian Federation according to which to the party for benefit of which the judgment was, the court awards to compensate on the other hand all court costs, including expenses on fee of the representative incurred on case reasonably, noted that the compensation amount of expenses awarded by Trial Court is not overestimated.
Violation by Article part three 333 GPK of the Russian Federation of the rights guaranteed by Articles 19 (part 1), 45 (part 1), 46 (part 1) and 55 (part 2) of the Constitution of the Russian Federation, A. I. Karabanov sees that she allows Appeal Court not to inform the party which addressed with the private claim to determination of Trial Court concerning amount of expense recovery for fee of the representative, suffered by other party, about time and the place of consideration of this claim and by that deprives the concerned party of opportunity directly in judicial session to state the arguments and to provide the corresponding proofs confuting justification of the taken-out determination.
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