Representation of the interests of the Administration of the Sakhalin Region in the Judicial Division on civil matters of the Supreme Court of the RF

On 24 February 2005, the acting prosecutor of the Sakhalin Region applied to the court with a statement calling for the acknowledgement as contrary to federal law and inactive of art. 1 of the Law of the Sakhalin Region “On the boundaries and status of municipal formations in the Sakhalin Region” № 524 of 21 July 2004, in the part concerning the determination of boundaries and the granting of city district status to 17 municipal formations, envisaged by p.p. 1, 2 and 5 – 19 of the disputed law, namely: “Alexandrovsk-Sakhalinsky District”, “Anivsky District”, “Dolinsky District”, “Korsakovsky District”, “Kurilsky District”, “Makarovsky District”, “Nevelsky District”, “Nogliksky District”, “Okhinsky District”, “Poronaysky District”, “Severo-Kurilsky District”, “Smirnykhovsky District”, “Tomarinsky District”, “Tymovsky District”, “Uglegorsky District”, “Kholmsky District”, ”Yuzhno-Kurilsky District.”

In its decision of 28 April 2005, the Sakhalin Regional Court satisfied the acting prosecutor’s demand for the acknowledgement of art. 1 of the Law of the Sakhalin Region “On the boundaries and status of municipal formations in the Sakhalin Region” № 542 of 21 July 2004 in the part concerning the determination of boundaries and the granting city district status to municipal formations, as envisaged by p.p. 1, 2 and 5-19, as illegal and inactive and without subsequent legal consequences from the day of its coming into force.

The Determination of the Judicial Division on civil matters of the Supreme Court of the Russian Federation of 24 August 2005, the decision of the Sakhalin Regional Court of 28 April 2005 was revoked, and the matter was referred for a new consideration by the court of the first instance.

In its decision of 26.10.2005 concerning the satisfaction of the submission of the prosecutor of the Sakhalin Region, the Sakhalin Regional Court dismissed the prosecutor’s request for the acknowledgement of p.p. 1,2,5,6,7,8,10,11,12,13,14, 15, 16, 18, 19 of art. 1 of the Law of the Sakhalin Region “On the boundaries and status of municipal formations in the Sakhalin Region” №524 of 21 July 2004, as contrary to federal law and inactive.

On 05.04.2006, the Judicial Division on civil matters of the Supreme Court of the Russian Federation upheld the decision of the Sakhalin Regional Court of 26.10.2005.

In the course of the court hearings on the matter, the lawyers and attorneys of the law firm “YUST”, acting upon the instructions of Administration of the Sakhalin Region, presented the Judicial Division on civil matters of the Supreme Court of the Russian Federation with arguments demonstrating the lack of foundation for the prosecutor’s demands as set out in the prosecutor’s cassational submission.

The court accepted the arguments advanced by the representatives of the Administration of the Sakhalin Region, and dismissed the cassational submission filed by the Prosecution Service of the Sakhalin Region.