On The Entry Into Force Of The First Part Of The Civil Code Of The Russian Federation

Original Language Title: О введении в действие части первой Гражданского кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW About the introduction of Part One of the Civil Code Russian Federation adopted by the State Duma on October 21, 1994 class="ed">(In the version of federal laws of 16.04.2001) N 45-FZ; 27.11.2001 N 147-FZ; dated 01.12.2007 N 310-FZ; of 08.05.2009 N 93-FZ; of 05.04.2013 N 43-FZ; dated 07.06.2013 N 108-FZ; 05.05.2014 N 124-FZ; dated 04.11.2014. N 346-FZ; 31.12.2014 N 506-FZ; , 31.12.2014 N 519-FZ; 06.04.2015 N 80-FZ; dated 29.06.2015 N154-FZ; dated 13.07.2015. N 258-FZ Article 1. To put into effect the Part One of the Civil Code of the Russian Federation (hereinafter referred to as Part I of the Code), effective 1 January 1995, except for provisions for which this Federal Law has established a different time frame for implementation. Article 2. To be effective from 1 January 1995: preamble, section I, general provisions, title II, "Property rights", and subsection I, "General provisions on obligations" of section III, "Obligatory law" Civil Code of RSFSRapproved by the RSFSR Act of 11 June 1964" On approval of the RSFSR Civil Code " 1964, N 24, 406; 1966, N 32, sect. 771; 1972, N 33, sect. 825; 1973, N 51, est. 1114, 1974, N 51, sect. 1346; 1977, N 6, sect. 129; 1987, N 9, sect. 250; 1988, N 1; st. 1, N 16, 100. 476; 1990, N 3, sect. 78. Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, N 15, Art. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1689; N 34, st. 1966); Article 4, 5, article 6 (in part of the rules established by article 79 of the Civil Code of the RSFSR), articles 7 to 13 of the Decree of the Presidium of the Supreme Soviet of the RSFSR Law of the RSFSR of 24 December 1990 "On property in the RSFSR" (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 30, est. 416; Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 1966); Order of the Supreme Soviet of the RSFSR of 24 December 1990 "On the introduction of the Law of the RSFSR" On property in the RSFSR " (Statements by the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 30, art. 417); Law of the RSFSR of 25 December 1990 "On enterprises and business activities" (Vedomra Congress of People's Deputies of the RSFSR); Supreme Soviet of the RSFSR, 1990, N 30, Art. 418. Statements of Congress of People's Deputies of the Russian Federation and of the Supreme Soviet of the Russian Federation, 1992, N 34, Art. 1966; 1993, N 32, sect. 1231 and 1256), except Articles 34 and 35. Article 3. Since 1 January 1995, the Russian Federation does not apply: section I "General provisions", section II " Property rights. Other rights in power "and Chapter 8," General Provisions on Obligations "of section III," The Obligation of Obligation " of the Civil Law of the Union of Soviet Socialist Republics; The Congress of People's Deputies of the Soviet Union and the Supreme Soviet of the Soviet Union, 1991, 733); 3rd paragraph 4 and paragraph 5 of the resolution of the Supreme Soviet of the Russian Federation of 3 March 1993 " On certain issues OF THE PRESIDENT OF THE RUSSIAN FEDERATION 393). Article 4. Until the laws and other legal acts in force in the territory of the Russian Federation are brought into conformity with the provisions of the First Code, the laws and other legal acts of the Russian Federation, as well as the Basics of the Civil Law of the Soviet Union, republics and other legislation of the Union of Soviet Socialist Republics operating in the territory of the Russian Federation within the limits and in the manner provided for by the Constitution of the Russian Federationby decision of the Supreme Soviet of the RSFSR dated 12 December 1991 "On ratification of the Agreement on the Establishment of the Commonwealth of Independent States", by the decrees of the Supreme Soviet of the Russian Federation dated July 14, 1992 "On the regulation of civil relations during economic reform" and dated 3 March 1993 "On some issues of application of the legislation of the Union of Soviet Socialist Republics on the territory of the Russian Federation" shall apply in so far as they do not contradict Part 1 of the Code. Before the introduction of part one of the Code of normative acts of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation, which are not laws, and normative acts of the Presidium of the Supreme Soviet of the RSFSR, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Soviet Union and the Soviet Union on issues which, according to Part 1 of the Code, may To be regulated only by federal laws, shall continue until the enactment of the relevant laws. (...) (...) N 147-FZ) Article 5. Part One of the Code applies to civil legal relations that have arisen since its enactment. The Civil Rights Act, which arose prior to the introduction of the Act, is applicable to the rights and obligations that will arise upon the introduction of the Code. Article 6 1. Chapter 4 of the Code is enforced from the day of the official publication of Part One of the Code. From that day on, commercial organizations may be established only in the organizational and legal forms provided for in chapter 4 of the Code. The establishment of legal persons after the official publication of Part One of the Code is carried out in the manner provided for in Chapter 4 of the Code, unless otherwise stipulated in article 8 of this Federal Law. 2. To the full partnership, camaraderie, limited partnerships, close-type joint-stock companies and open type joint stock companies established prior to the official publication of Part One of the Code apply respectively, the rules of chapter 4 of the Code on the full partnership (arts. 69-81), partnership on belief (arts. 82-86), limited liability company (arts. 87 to 94), joint-stock company (arts. 96-104). The constituent instruments of these economic associations and societies, before being brought into line with the rules of Chapter 4 of the Code, shall act in part not contrary to the said rules. 3. The constituent instruments of full partnerships and mixed partnerships, established prior to the official publication of Part One of the Code, are to be brought into conformity with the provisions of chapter 4 of the Code no later than 1 July 1995. 4. Constitutive documents of limited liability companies, joint-stock companies and production cooperatives established prior to the official publication of Part One of the Code shall be brought into conformity with the provisions of Chapter 4 of the Code Societies with limited liability, joint-stock companies and production cooperatives in the order and time to be determined, respectively, in the enactment of laws on limited liability societies, joint-stock companies and Production cooperatives. 5. Individual (family) private enterprises, as well as enterprises established by economic partnerships and societies, public and religious organizations, associations, charitable foundations and others not in the State or The municipal property of the enterprise, which is based on the right of full economic activity, is to be transformed into economic partnerships, societies or cooperatives or liquidation by 1 July 1999. At the end of this period, the enterprises are to be liquidated in court at the request of the body conducting the State registration of the relevant legal entities, the tax authority or the prosecutor. The Code of Unitary Enterprise, which is based on the right of prompt management (arts. 113, 115, 296, 297), applies to those enterprises prior to their conversion or liquidation, taking into account that owners of their property are their founders. 6. The Code of State and Municipal Enterprises established prior to the official publication of Part One of the Code of State and Municipal Enterprises, as well as the Federal Public Enterprises, has been established accordingly. unitary enterprises (arts. 113, 114, 294, 295, 299, 300) and unitary enterprises based on the law of operational management (arts. 113, 115, 296, 297, 299, 300). The constituent documents of these enterprises are to be brought into line with the rules of Part One of the Code in order and in time to be determined by the adoption of the law on State and municipal unitary enterprises. 7. Business associations that do not carry out business activities and are established prior to the official publication of part one of the Code in the form of partnerships or joint-stock companies, have the right to retain the form or may be converted into associations or unions of commercial organizations (art. 121). Article 7. The legal persons referred to in article 6, paragraphs 2 to 7, of this Federal Act, as well as the peasant (farm) holdings, shall be exempt from the payment of the registration fee for the registration of changes in their legal status in connection with its enforcement. Compliance with the provisions of Part One of the Code. Article 8. Before the enactment of the law on the registration of legal entities and the law on registration of real property rights and transactions, it applies the current procedure for registration of legal entities and registration of real estate and transactions with it. Article 9. Norms of the Code on the grounds and consequences of the invalidity of transactions (articles 162, 165-180) apply to transactions, claims for annulment and the consequences of nullity of which are considered by the court, arbitral tribunal or arbitral tribunal. After 1 January 1995, regardless of the time of the transaction. Article 10. The statute of limitations and the rules for calculating the statute of limitations are applicable to the requirements for which the time limits for which the previous legislation had been applied did not expire before 1 January 1995. (...) (...) N 147-FZ) Article 181, paragraph 2, of the Code of Law for the Recognition of the Asvoidable Transactions and the Application of the Consequences of its invalidity, which arose prior to 1 January 1995, The statute of limitations applies to the period of limitation established for the relevant claims under the law in force. Article 11. Article 234 of the Code (Limitation Period) applies to cases where the possession of property commenced prior to 1 January 1995 and continues at the time of the introduction of Part One of the Code. Article 12. The procedure for the conclusion of treaties as set out in chapter 28 of the Code applies to treaties whose sentences are to be concluded after 1 January 1995. Article 13. The rules of chapter 17 of the first part of the Code relating to land plots of agricultural land have been introduced since the date of the enactment of the Land Code of the Russian Federation and the Law on Agricultural Land Trafficking. appointments. (...) (...) N 45 FZ) Article 14. The characteristics of the establishment and operation of agricultural cooperatives (production, processing and agricultural producers) are defined by the Law on Agricultural Cooperation. Article 15. Exclusion of land plots for state or municipal needs, alienation of immovable property in connection with the withdrawal of the land on which it is located, in connection with the organization and hosting of the XXII Olympic Winter Games and XI Paralympic Winter Games The 2014 Winter Games in Sochi, as well as the development of the city of Sochi as a mining resort, are regulated by the Civil Code of the Russian Federation, unless otherwise provided by the Federal Law "On the organization and holding of the XXII Olympic Winter Games". 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 Winter Paralympic games 2014 of the Russian Federation. The Article is supplemented by the Federal Law of 01.12.2007. N 310-FZ) Article 16. Exclusion of land for state or municipal needs, alienation of immovable property located on them in connection with the organization of the meeting of the Heads of State and Government of the member countries of the Asia-Pacific Forum "In 2012, economic cooperation in the city of Vladivostok is regulated by the Civil Code of the Russian Federation, unless otherwise provided by the Federal Law" On the organization of the meeting of the Heads of State and Government of the member states. Asia-Pacific Economic Cooperation (APEC) forum in 2012 The development of the city of Vladivostok as the center of international cooperation in the Asia-Pacific region and on the introduction of amendments to certain legislative acts of the Russian Federation. (Article supplemented by Federal Law of 08.05.2009) N 93-FZ) Article 17. Removal of land and (or) other immovable property for public purposes, alienation of immovable property, termination and transition of immovable property, establishment of easements and other relations which arise in connection with the provisions of the federal law "On peculiarities of regulating certain legal relations in connection with accession to the subject of the Russian Federation-the city of federal importance to Moscow territories and on introduction of the federal law". OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Civil Code of the Russian Federation, unless otherwise provided by the Federal Law " On the peculiarities of regulating certain legal relations in connection with accession to the subject of the Russian Federation-the city of federal importance to Moscow territories and OF THE PRESIDENT OF THE RUSSIAN FEDERATION (The article is supplemented by the Federal Law of 05.04.2013). N 43-FZ) Article 18. Exclusion of plots of land for state or municipal needs, alienation of immovable property in connection with the seizure of the land on which the immovable property is located, for the implementation of the activities defined by the Federal Law " On The preparation and holding of the 2018 FIFA World Cup in Russia, the FIFA Confederations Cup 2017 and the 2017 FIFA Confederations Cup will be held in Russia. The Federation, unless otherwise specified by the Federal Act. (The article is supplemented by the Federal Law of 07.06.2013). N 108-FZ) Article 19 1. In order to ensure participation in civil turnover, legal persons with civil legal capacity who have, in accordance with the constituent instruments, the place of a permanent executive body or in The absence of a permanent executive body, another body or persons entitled to act on behalf of a legal person without power of attorney, in the territory of the Republic of Crimea or the territory of the city of federal significance of Sevastopol for a day THE RUSSIAN FEDERATION The Russian Federation may bring its constituent documents into line with the legislation of the Russian Federation and apply for information on them in a single State. The register of legal persons shall be fixed until March 1, 2015, unless otherwise stipulated by the Federal Constitutional Law of March 21, 2014 No. 6-FKZ " On admission to the Russian Federation of the Republic of Crimea and education in the Russian Federation. Federal Law of the Republic of Crimea and the Federal City of Sevastopol "On the settlement of the peculiarities of the insolvency (bankruptcy) in the territories of the Republic of Crimea and the city of federal significance of Sevastopol and the introduction of amendments to certain legislative acts of the Russian Federation" or this paragraph. (In the wording of the federal laws of April 4, 2014). N 346-FZ; 31.12.2014 N 506-FZ; dated 29.06.2015 N 154th FZ) The first legal persons in the paragraph of this paragraph that are peasants '(farmers') holdings can bring their constituent documents into line with The legislation of the Russian Federation and the application for information on them in a single state register of legal persons by July 1, 2015. (Paragraph is amended by the Federal Law of 31.12.2014). N 506-FZ) The first paragraph of this paragraph of legal persons, which are religious organizations, may bring its constituent documents into line with Russian law The Federation and to apply for information about them in a single state register of legal entities before January 1, 2016. The paragraph is supplemented by the Federal Law of 06.04.2015. N 80-FZ)2. In bringing its constituent documents into line with the legislation of the Russian Federation for the purpose of applying for information to a single State register of legal entities under this article 1 of this article, legal entities, which are non-profit organizations (organizations not created for profit), are not entitled to specify in their constituent documents that they are commercial organizations, but legal entities persons who are business organizations (organizations established in The purpose of profit-making is not to state that they are non-profit organizations. 3. In bringing its constituent documents into line with the legislation of the Russian Federation for the purpose of applying for information to a single State register of legal entities under this article 1 of this article, legal entities which are not based on membership (participation of several persons), are not entitled to specify in the constituent documents that they are based on membership and vice versa. 4. The registration of legal persons referred to in paragraph 1 of this article shall be effected according to the rules of registration of amendments to the constituent instruments of the legal entity established by the legal entity. Federal Act No. 1291-FZ of 8 August 2001 on State registration of legal entities and individual entrepreneurs and federal laws establishing special procedures for the registration of certain types of legal persons, taking into account characteristics of this article. Application for the inclusion of legal persons in a single public register of legal persons (hereinafter referred to as the application) shall be presented in the form approved by the federal executive authority authorized in accordance with article 2 Federal Act No. 129 of 8 August 2001 on State registration of legal entities and individual entrepreneurs. The decision on State registration, which is the basis for the relevant information, shall be taken if the information contained in the statement is in conformity with the legal person referred to in paragraph 1 of this article, before the body authorized to make a decision on the State registration of a legal entity. 5. The legal persons referred to in paragraph 1 of this article shall acquire the rights and duties of Russian organizations from the moment of entry into a single State register of legal persons, and their personal law (art. 1202) becomes the law of the Russian Federation. Features of the insolvency (bankruptcy) of the legal entities referred to in paragraph 1 of this article are governed by the laws of the Russian Federation since Determination of the appointment of a court " Consideration of the adoption of a decision on the application of one of the procedures applied in the bankruptcy case in accordance with article 1, paragraph 5, of the Federal Law on the Settlement of Insolvency (Bankruptcy) in the Territories of the Republic of Crimea "The city of Sevastopol and the federal city of Sevastopol have made changes to certain legislative acts of the Russian Federation." The paragraph is supplemented by the Federal Law of 29.06.2015. N154-FZ)6. The incorporation into a single State register of legal entities, in accordance with this article, of legal persons whose constituent documents are brought into line with the legislation of the Russian Federation, is not a reorganization of these legal persons does not entail termination (liquidation) and does not require the application of the rules laid down in article 60 of the Code. 7. Legal entities with civil legal capacity that have, in accordance with the constituent instruments, the place of permanent executive authority, or in the absence of a standing executive body, In the territory of the Republic of Crimea or the territory of the city of Sevastopol on the day of admission to the Russian Federation of the Republic of Crimea, the city of the Federal Republic of Sevastopol and the formation of the Russian Federation New subjects and who have not made a declaration in accordance with paragraph 1 of this article shall be entitled to carry out activities in the territory of the Russian Federation from the moment of acquisition of the status of a branch (representative) of a foreign country. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 31.12.2014) N 506-FZ) 8. The rules of this article apply to banks and non-bank financial institutions, taking into account the Federal Law of 2 April 2014 " On the peculiarities of the functioning of the financial system of the Republic of Crimea and the city of federal significance of Sevastopol. during the transition period. 9. In the first paragraph of paragraph 1 of this article, legal persons who failed to bring their constituent documents into conformity with the legislation of the Russian Federation did not apply for information on them in a single State. Register of legal persons and did not acquire the status of a foreign legal entity within the period set by this article, the Federal Law on the Settlement of Insolvency (Bankruptcy) Features in the Territories of the Republic Crimea and the city of Sevastopol OF THE PRESIDENT OF THE RUSSIAN FEDERATION "The Republic of Crimea and the cities of the federal city of Sevastopol do not have the right to carry out activities on the territory of the Russian Federation after this period of time, except for activities aimed at fulfilling the obligations of these legal entities." Persons who have occurred prior to the expiry of this period of time, in the amount necessary for execution of the obligations and termination of the activities of the said legal persons) and are to be liquidated. (...) (...) -In the wording of the Federal Law No. N154-FZ) N 124-FZ) Article 20. Characteristics of the forcible alienation of land (land parcels) and (or) properties located on them, other property for public purposes, for the purpose of locating the infrastructure of the territories "Leading social and economic development is established by the Federal Law" On territories of advanced social and economic development in the Russian Federation ". The Article is supplemented by the Federal Law of 31.12.2014. N 519-FZ Article 21 1. Terms of the contracts entered into in the territories of the Republic of Crimea and the federal city of Sevastopol until the date of admission to the Russian Federation of the Republic of Crimea and the formation of new constituent entities-the Republic of Crimea and the city The federal importance of Sevastopol shall be maintained, except in cases prescribed by federal law. 2. In the part of relations that have arisen from unilateral transactions in the territories of the Republic of Crimea and the city of federal significance Sevastopol until the day of admission to the Russian Federation of the Republic of Crimea and the formation of new subjects in the Russian Federation- The Republic of Crimea and the city of federal significance of Sevastopol, the civil legislation of the Russian Federation is applicable to the rights and duties that have arisen since the day of admission of the Republic of Crimea to the Russian Federation as part of the Russian Federation. The Federation of New Subjects-the Republic of Crimea and the Federal City of Sevastopol (Article padded-Federal Law of 13 July 2015 N 258-FZ President of the Russian Federation B. Yeltsin Moscow, Kremlin 30 November 1994 N 52-FZ