On The Entry Into Force Of Part 3 Of The Civil Code Of The Russian Federation

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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102073577

RUSSIAN FEDERATION FEDERAL ACT on the entry into force of part 3 of the Civil Code of the Russian Federation adopted by the State Duma on November 1, 2001 year approved by the Federation Council of the year November 14, 2001 (as amended by the Federal law dated 9/3/2003 N 145-FZ), Article 1. Introduce the third part of the Civil Code of the Russian Federation (hereinafter referred to as the third part of the code) from March 1, 2002 year.
Article 2. Void with March 1, 2002 year: section VII "inheritance law" and section VIII, "legal capacity of foreign nationals and stateless persons. Application of civil laws of foreign States and international treaties "of the Civil Code of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1964, N 24, art. 406);
paragraph 16 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);
paragraph 1 and paragraphs ninth and tenth paragraph 2 of section I of the Decree of the Presidium of the Supreme Soviet of the Russian SFSR on December 18, 1974 year "amending and repealing certain acts of the RSFSR in connection with the introduction of the law of the RSFSR on State Notariate" (Gazette of the Supreme Soviet of the RSFSR, 1974, no. 51, p. 1346);
section I of the Decree of the Presidium of the Supreme Soviet of the RSFSR of June 14, 1977 year "about entry of changes and additions in Civil and civil procedure of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1977, no. 24, p. 586);
paragraphs 74-76, section I of the Decree of the Presidium of the Supreme Soviet of the RSFSR, dated February 24, 1987 "on making changes and amendments to the Civil Code of the RSFSR and certain other legislative acts of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1987, N 9, p. 250);
paragraph 9 of the resolution of the Supreme Soviet of the Russian Federation from March 3, 1993 N 4604-I "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);
The Federal law from May 14, 2001 N 51-FZ "on amendments and additions to article 532 of the Civil Code of the RSFSR" (collection of laws of the Russian Federation, 2001, no. 21, p. 2060).
Article 3. With March 1, 2002 year section VI "succession" and section VII "legal capacity of foreign citizens and legal entities. Application of civil laws of foreign States and international treaties "the 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, art. 733) on the territory of the Russian Federation shall not apply.
Article 4. Continue to bring laws and other legal acts acting on the territory of the Russian Federation, in accordance with part 3 of the code of laws and other legal acts of the Russian Federation, as well as acts of legislation of the Union of SSR, operating on the territory of the Russian Federation, within the limits and in the manner prescribed by the laws of the Russian Federation shall apply insofar as they do not contradict the third part of the code.
Issued prior to the enactment of part three 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 that, according to the third part of the code can be regulated only by federal laws apply, pending the enactment of appropriate laws.
Article 5. The third part of the code applies to civil legal relationships arisen after introducing her into action.
In civil legal relationships arising prior to the enactment of part three of the code, section V, "inheritance law" applies to those rights and obligations which arise after the introduction of it in action.
Article 6. With regard to inheritance, opened before the enactment of part three of the Code, the circle of heirs by law shall be determined in accordance with the rules of the third part of the code, if the deadline for acceptance of inheritance has not expired on the day of enactment of part three of the Code or if the specified period has expired, but on the day of enactment of part three of the code of inheritance was not adopted by any of the heirs mentioned in articles 532 and 548 of the Civil Code of the RSFSR , inheritance right certificate has not been issued by the Russian Federation, constituent of the Russian Federation or municipal entity or estate have not changed their property for other statutory grounds. In these cases, persons who could not be heirs at law in accordance with the rules of the Civil Code of the RSFSR, but are established according to the rules of the third part of the code (article 1142-1148), can accept the inheritance within six months from the date of the enactment of part three of the code.

In the absence of heirs mentioned in articles 1142-1148 of the Civil Code of the Russian Federation, or if none of the heirs has no right to inherit or all heirs were excluded from inheritance (article 1117 of the Civil Code of the Russian Federation), or none of the heirs has not received the inheritance, or all heirs have renounced the inheritance, and while none of them indicated that refuses in favor of another heir to the inheritance rules apply property vymorochnogo established by Article 1151 of the Civil Code of the Russian Federation.
Article 7. To wills executed prior to the enactment of part three of the code, the rules of intestacy of the grounds which were in force at the date of probate.
Article 8. The rules on mandatory share in inheritance, set part of the third code, apply to wills made after March 1, 2002 year.
Article 8-1. If prior to the enactment of part three of the Code by the depositor in accordance with article 561 of the Civil Code of the RSFSR was the extradition order contribution in the event of his death, are on this contribution funds are not included in the estate and on the procedure and conditions for their extradition does not apply the rules of section V of the "inheritance law" part three of the code, except as provided by paragraph 3 of this article.
In the event of the death of the depositor, the issuance of such funds to the person named in the order shall be made by the Bank on the basis of documents certifying the fact of death of the contributor.
If the person specified in the order, until the day of the death of the owner died a contribution or in one day with him, the death loses its force, located on the contribution of the funds shall be included in the estate of the owner of the deposit and on the procedure and conditions for their extradition subject to the rules of section V of the "inheritance law" the third part of the code. If the death of the contributor as the recipient of the contribution of more than one person, this rule applies, provided that all the persons concerned had died before the day following the day of death of the owner of the deposit. (Article 8-1 supplemented by federal law from 11.11.2003 N 145-FZ) Article 9. To amend the Federal law dated November 30, 1994 N 52-FZ "on the entry into force of part 1 of the Civil Code of the Russian Federation (collection of laws of the Russian Federation, 1994, no. 32, p. 3302): the second part of article 4 shall be amended as follows:" 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 regulations 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 SOVIET Government on matters which, according to the first part of the code may be subject to federal laws only apply until the enactment of the relevant legislation. ";
first part of article 10 shall be amended as follows: "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.".
Article 10. To amend the Federal law dated January 26, 1996 year N 15-FZ "on the entry into force of part 2 of the Civil Code of the Russian Federation (collection of laws of the Russian Federation, 1996, N 5, art. 411) the following changes and additions: part two of article 4 shall be amended as follows:" issued prior to the enactment of part 2 of the code of regulations of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation, are not laws and regulations 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 SOVIET Government on matters which under part two of the Code may be subject to federal laws only apply until the enactment of the relevant legislation. ";
Article 5 Supplement part as follows: "part of the second 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 March 1, 1996 year.".
The President of the Russian Federation v. Putin Kremlin, Moscow, N November 26, 2001 147-FZ