of April 10, 2008 No. 22
About some questions of practice of consideration of the disputes connected using Article 169 of the Civil code of the Russian Federation
Due to the questions arising in court practice connected using Article 169 of the Civil code of the Russian Federation and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to give to Arbitration Courts (daleesuda) the following explanations.
1. According to Article 169 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation, the Code) the transactions made on purpose, obviously opposite to bases of law and order and morality are insignificant.
In case of determination of scope of article 169 Civil Code of the Russian Federation courts need to recognize that as the transactions made with the specified purpose transactions which not just do not conform to requirements of the law or other legal acts (article 168 of the Code) can be qualified, and break the fundamental beginnings of the Russian law and order, the principles of the public, political and economic organization of society, its moral principles. The transactions directed to production and alienation of the certain types of the objects withdrawn or limited in civil circulation can be carried to the called transactions, in particular, (the corresponding types of weapon, ammunition, drugs, other products having properties, life-threatening and health of citizens, etc.); the transactions directed to production, distribution of the literature and other products propagandizing war, race, racial or religious strife; the transactions directed to production or sale of forgery documents and securities.
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