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Nov 9, 2020
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Jan 15, 2020In free access for the first time
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Apr 16, 2017Russian court practice in English
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Jun 21, 2013“I propose to merge the Supreme Court of the Russian Federation and the Supreme Commercial Court, for which it will be necessary to make amendments to the Constitution of Russia”
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May 18, 2013"The legal positions formulated by the Presidium and Plenary Session of the Supreme Commercial Court, - they are not only a guidance how to act, but also drafts for future court decisions"
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Feb 6, 2012“А certain element of “the law of precedent” will serve as a factor of incessant improvement of court”
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Jul 25, 2014“Theory knows such kind of interpretation as an interpretation contra legem, when a court interprets a law contrary the latter’s literal meaning”
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Jun 17, 2014“Let us say that we have a super-precedential law. I mean certain “traditions” in judges’ behaviour, certain attitude towards the authority of the superior court”. (Full version)
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May 22, 2014“It is impossible not to touch upon recently observed attempts of a significant part of legal community to introduce into Russian law-creation practice the elements of the Anglo-Saxon law of precedent”
Subject area
Judgment of the Constitutional Court of 23 May 2013 № 11-П on the review of constitutionality of paragraph 1 of Article 333.40 of the Tax Code of the Russian Federation in connection with the complaint of the limited liability company “Vstrecha”
Legal issue: the constitutionality of the rule, which precludes the reimbursement of the amount of dues paid for the license for retail sales of spirits, when the license has been denied.
Ratio decidendi: the Court deemed the rule to be not contradictory to the Constitution. It pointed out that legislative requirements to the license seeker are sufficiently certain and do not allow for making arbitrary decisions; therefore, the imposition of the risks, including financial ones, on the applicant in his capacity of an entrepreneur does correspond to the criterion of constitutional proportionality. The designation of such license due consists not only in the replenishment of the public budget or compensation of the expenses of licensing body, but also in the creation of a fiscal barrier for entering the market of retail sales of spirits.
Dissenting opinion:
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An economically justified right of the State to exact the amount of the due emerges only when an action of legal significance – in this case the issuance of the license – has been actually perpetuated.
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