DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 2, 1999 No. GKPI98-673

On the case of recognition invalid the first and second paragraphs of Item 5.7 of Instructions for use systems of utility water supply and the sewerage in the Russian Federation

On behalf of the Russian Federation

The Supreme Court of the Russian Federation on behalf of

Judges of the Supreme Court of the Russian Federation there is Fedina A. I.

in case of the secretary - Ilyin A. Yu.

with participation of the prosecutor - Masalova L. F.

having considered in proceeding in open court civil case according to the claim of Saratovenergo joint-stock company to the Order of the Ministry of construction of the Russian Federation of August 11, 1995 N17-94, established:

The order of the Ministry of construction of the Russian Federation of August 11, 1995 N17-94 are approved Instructions for use by systems of utility water supply and the sewerage in the Russian Federation. On August 22, 1995 this regulation was registered in the Ministry of Justice of the Russian Federation.

The CEO of JSC Saratovenergo Samsonov S. V. appealed to the Supreme Court of the Russian Federation with the claim in which he raised question of recognition invalid (illegal) the first and second paragraphs of Item 5.7 of these Rules, having referred to the fact that the provision containing in these paragraphs violates the applicant's right as the heatsupplying organization, assigning to it obligation on payment of the organization of water and sewer economy of services in acceptance of sewage though does not use such services of JSC Saratovenergo.

The representative of the State committee of the Russian Federation on construction, architectural and housing policies (the State Committee for Construction of the Russian Federation) in the response on the claim did not recognize the declared requirement.

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