DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 23, 2000 No. GKPI00-1251

Rules of issue of special permissions to supply (leave) of the ethyl alcohol made from all types of raw materials, denatured alcohol and alcohol-containing solutions" No. approved by the order of the Government of the Russian Federation of November 3, 1998 1292, are acknowledged illegal and not subject to application

Judicial board on civil cases of the Supreme Court of the Russian Federation in structure:

the chairman - Redchenko Yu. D.,

in case of the secretary - Zhukova I. V.,

with participation of the prosecutor - Vlasova T. A.

having considered in proceeding in open court civil case according to the statement of the National production association "Aleksinsky Chemical Plant" for recognition illegal "Rules of issue of special permissions to delivery (leave) of the ethyl, made from all types raw materials, denatured alcohol and alcohol-containing solutions", approved by the order of the Government of the Russian Federation of November 3, 1998 N 1292, established:

The applicant appealed to the Supreme Court of the Russian Federation with the requirement stated above having referred to what provided disputed by Rules regulations on need of receipt of special permission to supply (leave) of ethyl alcohol, denatured alcohol and alcohol-containing solutions, is not based on the law and without good causes limits the rights of producers of such products on its realization.

Believes that restrictions in the field of production and turnover of these products can be established only by the Federal Law.

In judicial session the applicant's representatives Odorous A.A. and Medvedev S.A. supported the imposed requirement.

Representative of the Government of the Russian Federation Naserov E. Sh. did not agree with this requirement and asked about leaving it without satisfaction, having referred to the fact that the requirement about need of receipt of special permission to realization of ethyl alcohol and other alcohol-containing products containing in Rules is not directed to restriction of the rights of producers and their right actually does not limit.

At the same time did not dispute that circumstance that without special permission such products are not subject to realization.

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