On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of August 7, 2013 No. AKPI13-612

About refusal in allowance of the application about recognition invalid the order of Federal Bailiff Service of the Russian Federation of 10.12.2010 No. 682 "About approval of the Instruction on clerical work in Federal Bailiff Service"

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Petrova T. A.,

in case of the secretary To.,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court civil case according to the statement of Utility Technologies of Volgograd open joint stock company for recognition invalid the order of Federal Bailiff Service of December 10, 2010 No. 682 "About approval of the instruction on clerical work in Federal Bailiff Service",

established:

the order of Federal Bailiff Service of December 10, 2010 No. 682 (further - the Order) approves the Instruction on clerical work in Federal Bailiff Service (further - the Instruction, FSSP of Russia).

Paragraphs two and third Item 4.8.3.4 of the Instruction provide that the registered mailing with the assurance of receipt to the addressee the resolution on excitement of enforcement proceeding goes to the debtor; according to the solution of authorized officers of FSSP of Russia the registered mailings, including with the assurance of receipt to the addressee, other documents can go.

The paragraph of Item 4.8.5 of the Instruction orders third that delivery notes and registers on sending correspondence are drawn up in duplicate, one of which after sending correspondence returns to expedition with mark of the operator of department of mail service, the courier or the other person providing sending correspondence and is stored in nomenclature case of Management of clerical work.

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