Subject of Dispute: Dispute regarding the legitimacy of imposing penalties on LLC “Favoryt-Bud-Izmail” for storing fuel without the appropriate license.
Main Arguments of the Court:
1. The court drew attention that to qualify the offense, it is necessary to clarify the place and method of fuel storage, the purpose of its acquisition, technical characteristics of the equipment, and the circumstances of its use.
2. The court deviated from previous judicial practice, indicating that the mere fact of the presence of unused fuel is not sufficient grounds for a fine.
3. The courts of previous instances did not fully investigate the circumstances of the case and did not take into account the legal conclusions of the Supreme Court regarding the interpretation of legislation on fuel storage.
Court Decision: To cancel the decisions of previous instances and refer the case for a new review to thoroughly examine all circumstances of the case.
