DETERMINATION OF CK OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 28, 1996

Case No. 64v96pr-11

Judicial board on civil cases of the Supreme Court of the Russian Federation in structure: the chairman - Knyshev V. P., judges of Alexandrov D.P. and YU.G. Keby considered in judicial session of June 28, 1996 civil case in the claim of joint business of limited liability company "Odysseys To ° LTD." to the state tax authorities across the Sakhalin region about recognition illegal actions about imposing of penalties on protest of the deputy attorney general of the Russian Federation on the decision of the Southern Sakhalin city court of 19.06.95 and the resolution of Presidium of the Sakhalin regional court of 12.04.96.

Having heard the report of the judge Keby of YU.G., the conclusion of the assistant attorney general of the Russian Federation Germasheva M. M. who supported protest, the Judicial board established:

joint business "Odysseys To ° LTD." took a legal action with the claim to the decision of the State tax authorities across the Sakhalin region, having specified that on January 13, 1994 the tax authorities across the Sakhalin region unreasonably make the decision on application to JV Odissey of financial sanctions in the form of penalty in the amount of the currency earnings which is not handed over into the account in authorized institutions of the bank in the amount of 3390000 Japanese yens provided by item 8 of the Presidential decree of the Russian Federation of 14.06.92 N629 "About Partial Change of Procedure for Obligatory Sale of Part of Currency Earnings and Collection of Export Duties".

The statement of JV Odissey K ° LTD is satisfied with the decision of the Southern Sakhalin city court of 19.06.95, the decision of the State tax authorities across the Sakhalin region of 13.01.94 about imposing on JV Odissey K ° LTD of penalties for not transfer into the account in authorized bank of currency earnings in the amount of 3390000 Japanese yens to acknowledged illegal.

In cassation procedure the judgment was not appealed.

The decision of the Southern Sakhalin city court of 19.06.95 is left by the resolution of presidium of the Sakhalin regional court of 12.04.96 without change, and protest of the prosecutor of the region - without satisfaction.

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