Point of law: whether mandatory rules adopted by the administration of the port and signed by its captain are a normative legal act?

Alternative attitudes: 1) such rules do constitute a normative legal act, but the fact that they have been approved by the Ministry of Transport of the Russian Federation does not make them a normative act of a federal body of executive power; correspondingly, they are not within the jurisdiction of the Supreme Commercial Court as defined in Art 34 of the Commercial Procedure Code (the view expressed in the decision of the Supreme Commercial Court in its capacity of the court of first instance); or 2) such mandatory rules do have the features of normative legal act, and their approval by the Ministry confirms that they have been adopted by a federal body of executive power and thus fall within the jurisdiction of the Supreme Commercial Court (the view of panel of judges which referred the case to the Presidium).

Ratio decidendi: the Presidium ruled that the first conclusion is legally correct.