On behalf of the Russian Federation
of October 27, 2015 No. 28-P
On the case of check of constitutionality of Item 1 of Article 836 of the Civil code of the Russian Federation in connection with claims of citizens I. S. Biler, P. A. Guryanov, N. A. Guryanova, S. I. Kaminskaya, A. M. Savenkov, L. I. Savenkova and I. P. Stepanyugina
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 1 of Article 836 of Civil Code of the Russian Federation.
Reason for consideration of the case were claims of citizens I. S. Biler, P. A. Guryanov, N. A. Guryanova, S. I. Kaminskaya, A. M. Savenkov, L. I. Savenkova and I. P. Stepanyugina. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.
As all 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 M. I. Kleandrov, having researched the submitted documents and other materials, including written responses of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov and the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov, the Constitutional Court of the Russian Federation
1. According to Item 1 of the article 836 "Form of Bank Deposit Agreement" of Civil Code of the Russian Federation the bank deposit agreement shall be signed in writing; the written form of bank deposit agreement is considered observed if contributing is certified by the savings book, the savings or deposit certificate or other issued bank to the investor the document meeting the requirements provided for such documents by the law, bank rules and business customs applied in banking practice established according to it.
1.1. During the period from June to December, 2012 at additional office "Gelendzhik" of Pervomaysky (Ltd) bank bank deposit agreements were signed with citizens I. S. Biler, P. A. Guryanov, N. A. Guryanova, S. I. Kaminska and I. P. Stepanyugina: with P. A. Guryanov, N. A. Guryanova, I. P. Stepanyugina - in currency (US dollars) for a period of one year (the interest rate for the agreement constituted 9% per annum), from S. I. Kaminskaya - in rubles for a period of one year (the interest rate for the agreement constituted 16% per annum), with I. S. Biler - in rubles for the term of more than one year (the interest rate for the agreement constituted 16% per annum). All agreements were signed in the bank building, in the presence of his workers performing customer service of bank. Besides, I. S. Biler, as appears from case papers with its participation, during the term of the agreement, of the prisoner on the amount of 700 thousand rubles, repeatedly deposited additional money (the last time - 3 million rubles), and also received deposit interests. In the spring of 2013 the specified citizens filed in bank petitions for early return of money what to them it was refused on the ground that agreements between them and bank were not imprisoned as person (the director of additional office "Gelendzhik") which signed them had no powers on making of these transactions from bank name, and money which acceptance by this person for transfer in deposits it is specified in the documents issued to them, in cash desk of bank did not arrive.
Claims of I. S. Biler, P. A. Guryanov, N. A. Guryanova, S. I. Kaminskaya and I. P. Stepanyugina about money recovery who are in their bank deposits of percent for unauthorized use by others money and lost profit in connection with violation by the defendant of conditions of the bank deposit agreements signed by them were left without satisfaction with the Gelendzhik city court of Krasnodar Krai which with reference to Item 1 of Article 836 of Civil Code of the Russian Federation recognized these agreements insignificant or unconcluded. As it is specified in the judgments passed on August 6 and 7, 2013 (are left without change the appeal determinations of judicial board on civil cases of the Krasnodar regional court which are taken out during the period from October 8 to October 22, 2013), the copies of agreements provided by claimants do not correspond to the standard form approved by bank and from his name are signed by unauthorized person, on itself the bank deposit agreement cannot certify the fact of introduction of money if there are no documents testimonial of opening to the investor of the account and properly confirming receipt in this respect of money. By the determinations of judges of the Krasnodar regional court and Supreme Court of the Russian Federation which are taken out during the period from November 21, 2013 to March 21, 2014 transfer of writs of appeal of applicants on these court decrees for consideration in judicial session of court of cassation instance it is refused.
1.2. On December 13, 2012, on March 20, 2013 and on May 16, 2013 the citizen A. M. Savenkov concluded with commercial bank Master-Bank (JSC) bank deposit agreements in rubles for a period of one year, the interest rate for which constituted respectively 11%, 13% and 13% per annum. On January 17, 2013 the citizen L. I. Savenkova signed with the same bank bank deposit agreement in rubles, the interest rate for which constituted 11% per annum. All agreements contained specifying on the fact that the document certifying acceptance of contribution, and the basis for execution by bank of the assumed liabilities is the agreement.
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