On behalf of the Russian Federation
of March 30, 2016 No. 9-P
On the case of check of constitutionality of Item 5 of article 20 of the Federal law "About State Regulation of Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-containing Products and about Restriction of Consumption (Drinking) of Alcoholic Products" in connection with the claim of SGIV 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, 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 of article 20 of the Federal law "About State Regulation of Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-containing Products and about Restriction of Consumption (Drinking) of Alcoholic Products".
Reason for consideration of the case was the claim of SGIV 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 A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Item 5 of article 20 of the Federal Law of November 22, 1995 No. 171-FZ "About state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and about restriction of consumption (drinking) of alcoholic products" within two months from the moment of cancellation of license for activities on production, storage and supply of ethyl alcohol or alcoholic and alcohol-containing products or cancellation of the corresponding license, except for licenses for retail sale of alcoholic products, the licensee has the right to storage of remaining balance of ethyl alcohol, alcoholic and alcohol-containing products, to return to their supplier, to delivery of remaining balance of alcoholic and alcohol-containing products other having the license for purchase, storage and deliveries of alcoholic and alcohol-containing products of the organization which are performed under control of the licensing body, except as specified if such products are subject to withdrawal according to Item 1 of article 25 of this Federal Law.
1.1. Disputing constitutionality of the called legislative provision of SGIV LLC had licenses for activities on production, storage and supply of the made ethyl alcohol and alcohol-containing products valid up to October 31, 2012. Issue of new licenses for implementation of the same activities to the applicant it was refused in connection with the revealed violations of requirements to the license applicant.
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