DETERMINATION OF CK OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 17, 1995

If person which did not fulfill the obligation does not prove lack of the fault in it, it bears property responsibility, except as specified, provided by the law or the agreement

(extraction)

Agarkov took a legal action with the claim to the Central Committee of DOSAAF of the USSR, to his legal successor - to Management on carrying out lotteries of Central Office of the Russian Defense, Sports and Technical Organization (RD,STO) - about obligation fulfillment on issue of the car of the Zhiguli brand of VAZ-2109, referring to the fact that he won the car of this brand under the ticket of lottery of DOSAAF of the USSR, however is refused to it issue of prize.

By the decision of the Tushino district national court of Moscow of June 11, 1993 (left without change by judicial board on civil cases of the Moscow city court) the claim to Ogarkov it is refused.

The vice-chairman of the Supreme Court of the Russian Federation in the protest brought in Judicial board on civil cases of the Supreme Court of the Russian Federation in view of lack of quorum in presidium of the Moscow city court raised question of cancellation of court decrees as not meeting standards of liability law.

The judicial board of the Supreme Court of the Russian Federation satisfied on February 17, 1995 protest, having specified the following.

The court refused the claim, having referred to the fact that the former bodies of the USSR the Ministry of Trade of the USSR, Minavtoselkhozmash of the USSR, Minoboronprom of the USSR to which the obligation on providing ware prizes of lottery of DOSAAF of the USSR at the expense of centralized funds was assigned, because of disintegration of old commercial relations and creation of the new market relations did not fulfill the obligations to DOSAAF therefore the obligation by the defendant before the claimant could not be fulfilled.

Conclusions of court are drawn without regulations of liability law and according to unchecked case papers.

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