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 on putting into operation of the first part of the Civil Code of the Russian Federation adopted by the State Duma on October 21, 1994 year (as amended by the federal laws on 16.04.2001 N 45-FZ;
from 26.XI.2001 N 147-FZ; from 01.12.2007 N 310-FZ;
from 08.05.2009 N 93-FZ; from 05.04.2013 N 43-FZ;
from 07.06.2013 N 108-FZ; from 05.05.2014 N 124-FZ;
from 04.11.2014 N 346-FZ; by 31.12.2014 N 506-FZ;
by 31.12.2014 N 519-FZ; from 06.04.2015 N 80-FZ;
from 29.06.2015 N 154-FZ; from 13.07.2015 N 258-FZ), Article 1. Put in place the first part of the Civil Code of the Russian Federation (hereinafter referred to as the first part of the code) to January 1, 1995 onwards, except for provisions for which this federal law establishes deadlines for enactment.
Article 2. Void since January 1, 1995 onwards: preamble, section I "General provisions", section II "ownership" and subsection I, "General provisions on obligations" section III "Contract law" of the Civil Code of the RSFSR, approved by the law of the RSFSR of June 11, 1964 year "on approval of the Civil Code of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1964, N 24, art. 406; 1966, no. 32, St. 771; 1972, no. 33, art. 825; 1973, N 51, art. 1114, 1974, N 51, art. 1346; 1977, N 6, art. 129; 1987, N 9, art. 250; 1988, no. 1; Church. 1, no. 16, art. 476; 1990, no. 3, art. 78; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 15, St. 494; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 29, art. 1689; N 34, art. 1966);
articles 4, 5, article 6 (article 79 of the rules established by the Civil Code of the RSFSR), articles 7-13 of the Decree of the Presidium of the Supreme Soviet of the RSFSR of June 12, 1964 "on the procedure of enacting Civil and civil procedure of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1964, N 24, art. 416; 1987, N 9, art. 250);
The law of the RSFSR on December 24, 1990 "on property in the RSFSR" (records of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 30, art. 416; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 34, art. 1966);
the Decree of the Supreme Soviet of the RSFSR on December 24, 1990 "on the implementation of the Act of the RSFSR" on property in the RSFSR "(records of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 30, art. 417);
The law of the RSFSR on December 25, 1990 "on enterprises and entrepreneurial activities" (records of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 30, art. 418; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 34, art. 1966; 1993, no. 32, St. 1231 and 1256), except articles 34 and 35.
Article 3. From January 1, 1995 year in territory of the Russian Federation does not apply: section I "General provisions" section (II) "the right to property. Other rights in rem "and Chapter 8," General provisions on obligations "section III" Contract law "fundamentals of civil legislation of the Union of SSR and the Republics (Congress of the USSR people's deputies and the Supreme Soviet of the USSR, 1991, no. 26, p. 733);
the third paragraph of item 4 and item 5 the Decree of the Supreme Soviet of the Russian Federation from March 3, 1993 Goda "on some issues of applying the law of the Union of Soviet Socialist Republics on the territory of the Russian Federation" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, no. 11, p. 393).
Article 4. Continue to bring laws and other legal acts acting on the territory of the Russian Federation, in conformity with the part of the first code of laws and other legal acts of the Russian Federation, as well as the fundamentals of civil legislation of the Union of SSR and the Republics and other legislative acts of the Union of SSR, operating on the territory of the Russian Federation, within the limits and in the manner prescribed by the Constitution of the Russian Federation, by the Decree of the Supreme Soviet of the RSFSR on December 12, 1991 "on ratification of the agreement establishing the Commonwealth of independent States" , the regulations of the Supreme Soviet of the Russian Federation dated July 14, 1992 "on regulating civil relations in the period of economic reform" and dated March 3, 1993 Goda "on some issues of applying the law of the Union of Soviet Socialist Republics on the territory of the Russian Federation" shall apply insofar as they do not conflict with the first part of the code.
Issued prior to the enactment of part one of the code of regulations of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation, are not laws and normative acts of the Presidium of the Supreme Soviet of the RSFSR, the President of the Russian Federation and the Government of the Russian Federation, as well as applicable on the territory of the Russian Federation regulations of the Supreme Soviet of the USSR, which are not law, and regulations of the Presidium of the Supreme Soviet of the USSR, the Soviet President and the Government of the USSR on under the first part of the code can be regulated only by federal laws apply, pending the enactment of appropriate laws. (As amended by the Federal law of 26.XI.2001 N 147-FZ), Article 5. Part one of the code applies to civil legal relationships arisen after introducing her into action.
In civil legal relationships arising prior to the introduction of it in action, first part of the code applies to those rights and obligations which arise after the introduction of it in action.
Article 6

1. Chapter 4 of the code shall be put into effect from the day of official publication of the first part of the code. From that day on commercial organizations may be created exclusively for the organizational-legal forms, which are provided for them by Chapter 4 of the code.
Establishment of legal entities after the official publication of the first part of the Code shall be as provided for in Chapter 4 of the code, unless otherwise follows from article 8 of the present Federal law.
2. To full partnerships, mixed associations, partnerships, limited liability companies and joint stock companies of open type, created before official publication of the first part of the code, the rules shall apply accordingly to Chapter 4 of the code on a full partnership (article 69-81), limited partnership (articles 82-86), a society with limited liability (articles 87-94), joint-stock company (articles 96-104).
Constituent documents these business partnerships and companies to bring them into conformity with the provisions of Chapter 4 of the code are valid if they do not contradict to those standards.
3. Constituent documents of General partnerships and mixed associations, created before the official publication of the first part of the code shall be subject to adjustment in accordance with the provisions of Chapter 4 of the code no later than July 1, 1995 year.
4. The founding documents of limited partnerships, joint-stock companies and production cooperatives, created before the official publication of the first part of the code shall be subject to adjustment in accordance with the provisions of Chapter 4 of the code on companies with limited liability, joint-stock companies and production cooperatives in a manner and time to be determined respectively in adopting laws on limited liability companies, joint stock companies and production cooperatives.
5. individual (family) private enterprises, as well as enterprises established economic associations and societies, public and religious organizations, associations, foundations and other non-public or municipal ownership of the enterprise based on the right of full economic disposal shall be until July 1, 1999 year transformation in business partnerships, societies or cooperatives or elimination. After this period, enterprises are subject to elimination of judicially on demand the authority responsible for the State registration of legal persons, the tax authority or the Prosecutor.
These enterprises before their conversion or elimination of the rules of the code of unitary enterprises, based on the right of operative management (articles 113, 115, 296, 297), bearing in mind that the owners of their property were their founders.
6. the established before official publication of the first part of the code, State and municipal enterprises, based on the right of full economic disposal, as well as federal administrative rules shall apply accordingly to the enterprises of the unitary enterprises, based on the right of economic management (articles 113, 114, 294, 295, 299, 300), and unitary enterprises, based on the right of operative management (articles 113, 115, 296, 297, 299, 300).
Constituent documents of these enterprises are subject to adjustment in accordance with the provisions of the first part of the Code in a manner and time to be determined by the law on State and municipal unitary enterprises.
7. Combining commercial organizations not engaged in entrepreneurial activity and created before the official publication of the first part of the Code in the form of partnerships or joint-stock companies, are entitled to keep the proper form or can be converted to commercial organizations, associations or unions (art. 121).
Article 7. Legal persons referred to in article 7, paragraphs 2-6 of this federal law, as well as peasant (prіvate) farms are exempt from registration fee if registering changes in their legal status with regard to his bringing it into conformity with the provisions of the first part of the code.
Article 8. Pending the enactment of the law on registration of legal entities and of the law on registration of rights to real estate and transactions with it applies the current procedure of registration of legal entities and registration of real estate and transactions with it.
Article 9. The code on the grounds and consequences of the invalidity of transactions (article 162, 165-180) are applied to transactions, requirements on invalidation and the consequences of the invalidity of the arbitration being tried by the Court or arbitral tribunal after January 1, 1995 year, regardless of the time of the relevant transactions.
Article 10. Installed the first part of Code limitation periods and rules for their calculation applied to the requirements, terms of presentation which provided for in the previous legislation, not expired until January 1, 1995 year. (As amended by the Federal law of 26.XI.2001 N 147-FZ)

To paragraph 2 of article 181 of the code claim about avoidable transaction invalid and for the application of the consequences of its right to bring invalidity which arose before January 1, 1995 year, applies a limitation period set for the respective claims of the previous legislation.
Article 11. Article 234 of the code (acquisitive prescription) applies to cases where property ownership began before January 1, 1995 year and continues at the time of the introduction of the first part of the code.
Article 12. Procedure of conclusion of treaties established by chapter 28 of the code applies to contracts, proposals to conclude that since January 1, 1995 year.
Article 13. Rules chapter 17 of part one of the Code in relation to transactions with land plots of agricultural land are in effect from the date of the enactment of the land code of the Russian Federation and the law on the transfer of agricultural land. (As amended by the Federal law on 16.04.2001 N 45-FZ) Article 14. Peculiarities of creation and activity of agricultural cooperatives (production, processing, and servicing agricultural producers) are determined by the law on agricultural cooperation.
Article 15. The seizure of land for State or municipal needs, the alienation of immovable property in connection with the seizure of the land on which it is located, in regard to the Organization and conduct of the XXII Olympic Winter Games and XI Paralympic Winter Games of 2014 in Sochi, as well as the development of Sochi as Alpine climatic resort are governed by the Civil Code of the Russian Federation, unless otherwise stipulated in the Federal law "on the Organization and conduct of the XXII Olympic Winter Games and XI Paralympic Winter Games of 2014 in Sochi , development of Sochi as Alpine climatic resort and amendments to certain legislative acts of the Russian Federation ". (Article supplemented by federal law of 01.12.2007 N 310-FZ) Article 16. The seizure of land for State or municipal needs, alienation is located on them immovable property in connection with the Organization of a meeting of Heads of State and Government of the countries-participants of the Forum "the Asia-Pacific economic cooperation" in the year 2012 in Vladivostok are governed by the Civil Code of the Russian Federation, unless otherwise stipulated in the Federal law "on the Organization of a meeting of Heads of State and Government of the countries-participants of the Forum" the Asia-Pacific economic cooperation "in the year 2012 about the development of the city Vladivostok as a Centre for international cooperation in the Asia-Pacific region and on amendments to some legislative acts of the Russian Federation ". (Article supplemented by federal law from 08.05.2009 N 93-FZ) Article 17. The seizure of land and (or) other objects of immovable property for State needs, the alienation of immovable property, termination and transition rights, easements and other relationships that arise in connection with the placement of objects and to which the provisions of the Federal law "on the peculiarities of the regulation of legal relations in connection with accession to the subject of the Russian Federation-the city of federal importance Moscow territories and on amendments to some legislative acts of the Russian Federation" are governed by the Civil Code of the Russian Federation, unless otherwise stipulated by the Federal law "on the peculiarities of the regulation of legal relations in connection with accession to the subject of the Russian Federation-the city of federal importance Moscow territories and on amendments to some legislative acts of the Russian Federation". (Article supplemented by federal law from 05.04.2013 N 43-FZ), Article 18. The seizure of land for State or municipal needs, the 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 of the Federal law "on the preparation for and observance in the Russian Federation, the FIFA World Cup 2018 year FIFA Confederations Cup 2017 year and amendments to certain legislative acts of the Russian Federation" shall be governed by the Civil Code of the Russian Federation , unless otherwise specified by the Federal law. (Article supplemented by federal law from 07.06.2013 N 108-FZ), Article 19

1. in order to ensure participation in civil law relations possess legal capacity legal entities which have, in accordance with the founding documents, the location of a permanent executive body, or in the absence of a permanent executive body, or another body or person entitled to act on behalf of the legal entity without power of Attorney, on the territory of the Republic of Crimea or territory federal cities of Sevastopol on the day of adoption in the Russian Federation Republic of Crimea , federal cities of Sebastopol and education of the Russian Federation new actors can bring their statutory documents in accordance with the legislation of the Russian Federation and request a statement on making information about them in the unified State Register of legal persons in the period up to March 1, 2015 onwards, unless otherwise set by federal constitutional law of March 21, 2014 N 6-FKZ on the adoption in the Russian Federation Republic of Crimea and the education of new subjects of the Russian Federation-Republic of Crimea and the city of Federal status of Sevastopol ", federal law" on settlement characteristics of insolvency (bankruptcy) in the territories of the Republic of Crimea, and the Federal cities of Sebastopol and on amendments to some legislative acts of the Russian Federation "or this paragraph. (As amended by the federal laws of 04.11.2014 N 346-FZ; by 31.12.2014 N 506-FZ; from 29.06.2015 N 154-FZ) specified in the first subparagraph of this paragraph legal persons which are peasant private farms, can bring their statutory documents in accordance with the legislation of the Russian Federation and request a statement on making information about them in the unified State Register of legal persons till July 1, 2015 year. (The paragraph is supplemented by federal law from 31.12.2014 N 506-FZ) specified in the first subparagraph of this paragraph legal persons which are religious organizations can bring their statutory documents in accordance with the legislation of the Russian Federation and request a statement on making information about them in the unified State Register of legal persons in the period up to January 1, 2016 onwards. (The paragraph is supplemented by federal law from 06.04.2015 N 80-FZ)
2. when adjusting their constituent instruments in accordance with the legislation of the Russian Federation with a view to bringing a statement on introduction of information in a unified State Register of legal entities in accordance with the present article referred to in paragraph 1 of this article, the legal entities that are non-profit organizations (organizations, created not for profit), does not have the right to specify the constituent documents that they are commercial organizations and legal persons that are commercial entities (organizations established for profit) is not entitled to state that they are non-profit organizations.
3. when adjusting their constituent instruments in accordance with the legislation of the Russian Federation with a view to bringing a statement on introduction of information in a unified State Register of legal entities in accordance with the present article referred to in paragraph 1 of this article, the legal entities that are not based on membership (participation in them several individuals) may not indicate in the constituent documents, that they are based on membership, and vice versa.
4. entering into the unified State Register of legal entities of information referred to in paragraph 1 of this article, the legal persons is carried out according to the rules of registration of changes in the constituent documents of a legal entity, established by the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs" and federal laws establishing special procedures for the registration of certain types of legal entities, taking into account the peculiarities of provided for in this article.
Statement on introduction of information about the legal entity in the unified State Register of legal entities (hereinafter referred to as the Declaration) shall be in the form approved by the Federal Executive Body authorized in accordance with article 2 of the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs".
Decision on State registration, forming the basis for making appropriate information is accepted in case of conformity of the information contained in the statement of information referred to in paragraph 1 of this article, the body mandated to take a decision on the State registration of a legal entity.
5. As indicated in paragraph 1 of this article, the legal entities that have requested a statement acquires the rights and obligations of Russian organizations since its entry into the unified State registry of legal persons, their personal law (art. 1202) becomes the law of the Russian Federation.


Features of insolvency (bankruptcy) referred to in paragraph 1 of this article, legal persons governed by the legislation of the Russian Federation from the moment of making a determination on the appointment of a court hearing to consider adopting a decision on the application of one of the procedures applied in the bankruptcy case, in accordance with paragraph 5 of article 1 of the Federal Act "on settlement characteristics of insolvency (bankruptcy) in the territories of the Republic of Crimea, and the Federal cities of Sebastopol and on amendments to some legislative acts of the Russian Federation". (The paragraph is supplemented by federal law from 29.06.2015 N 154-FZ)
6. entering into the unified State registry of legal persons in accordance with this article the information about legal entities, the constituent documents which are in conformity with the legislation of the Russian Federation is not a reorganization of these entities does not result in their termination (liquidation) and does not require the application of the rules provided for in article 60 of the code.
7. Possessing legal capacity legal entities which have, in accordance with the founding documents, the location of a permanent executive body, or in the absence of a permanent executive body, or another body or person entitled to act on behalf of the legal entity without power of Attorney, on the territory of the Republic of Crimea or territory federal cities of Sevastopol on the day of adoption in the Russian Federation of the Republic of Crimea, cities of Federal significance of Sevastopol and education of the Russian Federation new actors and which are not addressed in accordance with paragraph 1 of this article shall have the right to carry out activities in the territory of the Russian Federation from the moment of acquiring the status of branch (Office) of foreign legal entity in the manner prescribed by the legislation of the Russian Federation. (As amended by federal law from 31.12.2014 N 506-FZ)
8. the rules of the present article shall apply to banks and non-bank financial institutions subject to the Federal law of April 2, 2014 N 37-ФЗ "about the peculiarities of functioning of the financial system of the Republic of Crimea and Sevastopol cities with federal status for the transitional period."

9. the first subparagraph of paragraph 1 of this article, the legal entities that have not brought their founding documents in accordance with the legislation of the Russian Federation, addressed a statement on making information about them in the uniform State Register of legal entities and have not acquired the status of a branch (Office) of foreign legal entity within the period stipulated in this article, the Federal law "on settlement characteristics of insolvency (bankruptcy) in the territories of the Republic of Crimea, and the Federal cities of Sebastopol and on amendments to some legislative acts of the Russian Federation" or article 12-1 of the Federal Constitutional law of March 21, 2014 N 6-FKZ on the adoption in the Russian Federation Republic of Crimea and the education of new subjects of the Russian Federation-Republic of Crimea and the city of Federal significance of Sevastopol ", at the end of this period did not have the right to carry out activities in the territory of the Russian Federation (except for activities aimed at the fulfilment of the obligations specified legal persons arising prior to expiry to the extent necessary to perform these obligations and termination of activities of these legal persons) and will be subject to elimination. (Para supplemented by federal law from 31.12.2014 N 506-FZ) (As amended by the Federal law of 29.06.2015 N 154-FZ) (Article supplemented by federal law from 05.05.2014 N 124-FZ), Article 20. Features of expropriation of land (land seizures) and (or) located on them of real estate, other assets for public use in order to accommodate the infrastructure of the territories ahead of socio-economic development are established by the Federal law "on territories of outstripping the socio-economic development in the Russian Federation". (Article supplemented by federal law from 31.12.2014 N 519-FZ) Article 21 1. Conditions of contracts concluded in the territories of the Republic of Crimea and the city of Federal significance of Sevastopol before acceptance of the Russian Federation Republic of Crimea and the education of new subjects of the Russian Federation-Republic of Crimea and Sevastopol cities with federal status, shall remain in force, except for the cases stipulated by federal laws.

2. part relations arising from unilateral transactions in the territories of the Republic of Crimea and the city of Federal significance of Sevastopol before acceptance of the Russian Federation Republic of Crimea and the education of new subjects of the Russian Federation-Republic of Crimea and Sevastopol cities with federal status, civil legislation of the Russian Federation applies to rights and obligations arising from the day of adoption in the Russian Federation Republic of Crimea and the education of new subjects of the Russian Federation-Republic of Crimea and the city of Federal significance of Sevastopol.
(Article supplemented by federal law from 13.07.2015 N 258-FZ), the President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N November 30, 1994 52-FZ