The court has stopped consideration of the claim of operators “ the big three “ to FSSPthe Arbitration court of Moscow has stopped on March, 18th manufacture under the claim of operators “ the big three “ (Open Society “ MTS “ Open Society “ the Pendant - communications “ and Open Society “ the Megaphone “) To Federal Agency of court enforcement officers of Russia (FSSP). The Arbitration court recognised dispute not entering into the jurisdiction.
operators demanded to nullify instructions of head FSSP on application of sanctions concerning employees of the cellular companies, refusing to give the information to police officers about debtors.
the arbitration court of Moscow has stopped manufacture under the claim of cellular operators to FSSP, having referred on nepodvedomstvennost dispute. Thus the Arbitration court has noticed that on this decision the appeal can be submitted. The parties have noticed that yet do not know, whether they will use this right.
we will remind, in the summer of 2009 FSSP has asked Minkomsvjazi to affect operators that the last actively shared data on the subscribers with service. For police officers of data on subscribers - debtors are necessary for write-off of means from their accounts, for example, on payment of penalties and debts. Operators refused, asserting what give such data they can only from the written approval of subscribers. Operators Besides, specify, means from the personal account of the subscriber on account of payment of the third parties cannot be written off. “ money for user`s accounts belongs not to the subscriber, and to the operator is a payment for communication service “ - the director for legal questions " explains; the Megaphone “ Anna Gorjainova.
on September, 22nd, 2009 director FSSP Arthur Parfenchikov has extended instructions subordinate about attraction to administrative responsibility of employees of the cellular companies, refused to give to court enforcement officers the data about user`s accounts of users. The situation was confused by inconsistent judiciary practice: decisions of the courts were taken out both in favour of police officers, and in favour of operators.
operators “ the big three “ have submitted claims to FSSP in December, 2009, demanding cancellation of instructions of Parfenchikova.
on March, 18th the question on granting FSSP of the data on subscribers will be discussed in the State Duma. Deputies should consider amendments to laws “ About executive manufacture “ and “ About court enforcement officers “ allowing to write off from the account of the subscriber of means on account of payment of penalties or other debts. Thus deputies should solve and the possible legislative conflict: according to law item 53 “ About communication “ data on subscribers and services given to it are the confidential information and its third parties can give only from the written approval of the subscriber. Thus law item 64 “ About communication “ the exhaustive list of the bodies which are carrying out operatively - search activity is established - FSSP into it does not enter.