The Constitutional Court of the Russian Federation, composed of Chairman Zorkin V.D., Judges Aranovsky K.V., Boytsov A.I., Bondar N.S., Gadzhiev G.A., Danilov Yu.M., Zharkova L.M., Zhilin G.A., Kazantsev S.M., Kleandrova M.I., Knyazev S.D., Kokotov A.N., Krasavchikova L.O., Mavrin S.P., Melnikov N.V., Rudkin Yu.D., Khokhryakova O.S., and Yaroslavtsev V.G., having examined in plenary session the report of Judge Zhilin G.A. who, on the basis of Article 41 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, conducted a preliminary study of OAO Ryazan Metal Ceramics Instrumentation Plant’s complaint,

established:

1. In its complaint before the Constitutional Court of the Russian Federation, OAO Ryazan Metal Ceramics Instrumentation Plant challenges the constitutionality of Article 246(2) of the Arbitrazh Procedure Code combined with Article 321(1)(1) of the same Code, which determine the time limits for submitting a foreign arbitral award for coercive enforcement and for submitting an enforcement writ for enforcement.

As it follows from the submitted materials, following OAO Ryazan Metal Ceramics Instrumentation Plant’s failure to perform its obligations under the awards of the German Institute of Arbitration (DIS) of 11 August 2005, 14 October 2005 and 27 December 2005, the company Lugana Handelsgesellschaft mbH, on 7 August 2008, applied to the Arbitrazh Court of the Ryazan Region requesting recognition and enforcement of the awards. The Arbitrazh Court of the Ryazan Region, by a Ruling of 2 February 2009, granted the application regarding the principal debt, and the case was then examined by the arbitrazh Courts in various instances. The Presidium of the Highest Arbitrazh Court of the Russian Federation, by a Resolution of 2 February 2010, recognized the right of Lugana Handelsgesellschaft mbH to coercive enforcement of the abovementioned awards and an enforcement writ was issued on 23 March 2010.