Legal issue: the constitutionality of rules which enable the judge of a regional court or a court of the same level to deny the transfer of cassational complaint for consideration in the court of cassational instance.
Ratiо decidendi: the contested rules do not conform to the Constitution, because they make an unjustified distinction between the destinies of complaints sent to different cassational instances: the refusal of a judge of regional court to submit the case to presidium of the court completely precludes the opportunity of the petitioner to receive judicial protection from this court, whereas an analogous refusal from a judge of the Supreme Court of Russia (second cassation instance) leaves the petitioner with the opportunity to seek a positive cassational decision on his complaint by way of having recourse to the Chairman or a Deputy Chairman of the Supreme Court, who may reverse the decision of the judge to deny the submission of the complaint for consideration.
