DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 18, 2011 No. 8-O-P

According to the claim of open joint stock company "The Rosneft oil company on violation of constitutional rights and freedoms provision of paragraph one of Item 1 of article 91 of the Federal law "About Joint-stock Companies"

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

having heard the conclusion of the judge L. O. Krasavchikova who was carrying out preliminary studying of the claim of JSC Rosneft Oil Company based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:

1. In the claim in the Constitutional Court of the Russian Federation JSC Rosneft Oil Company disputes constitutionality of provision of paragraph one of Item 1 of article 91 of the Federal Law of December 26, 1995 N 208-FZ "About joint-stock companies", the society providing obligation to provide to shareholders access to documents, stipulated in Item 1 article 89 of this Federal Law.

According to the applicant, the called legislative provision contradicts Articles 17 (part 3), 18, 19 (part 1) and 46 (part 1) Constitutions of the Russian Federation as in the sense given it by law-enforcement practice does not allow in case of permission of the specific cases connected with duty of society to provide to the shareholder access to documents of society, including copies of protocols of meetings of the Board of Directors, to provide balance of legitimate interests of the shareholder and joint-stock company.

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