Point of law: under which circumstances execution may be levied against the property of the surety, if such surety is a federal unitary enterprise?
Alternative attitudes: 1) the levy is possible in all cases; 2) the levy is possible only if the resulting alienation of property does not impede the achievement of the purposes of the federal enterprise set out in its charter. Otherwise the transaction of suretyship shall be void as being contradictory to the fundamentals of public policy of the Russian Federation, and the levy of the execution against the property of the surety is impermissible.
Ratio decidendi: the second approach is legally correct.
Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.