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Amending The Arbitration Procedure Of The Russian Federation And Administrative Procedure Code Of The Russian Federation With Regard To The Establishment Of The Judicial Review Cases On Challenging Individual Acts

Original Language Title: О внесении изменений в Арбитражный процессуальный кодекс Российской Федерации и Кодекс административного судопроизводства Российской Федерации в части установления порядка судебного рассмотрения дел об оспаривании отдельных актов

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RUSSIAN FEDERATION FEDERAL LAW amending the Code of Arbitration Procedure of the Russian Federation and the Code of Administrative Procedure of the Russian Federation Federation in connection with the establishment of the procedure for the court review of the challenge separate acts adopted by the State Duma on January 26, 2016 Article 1 Commit to Arbitration Code of the Russian Federation (Russian Federation Law Assembly, 2002, N 30, sect. 3012; 2007, N 41, sect. 4845; 2008, N 18, sect. 1941; 2010, N 18, 2145; N 31, st. 4197; 2011, N 50, sect. 7364; 2012, N 26, est. 3439; N 53, sect. 7642; 2013, N 23, sect. 2884; N 27, sect. 3478; 2014, N 26, est. 3392) the following changes: 1) Part 1 of Article 29 to supplement paragraph 1-2 with the following content: " 1-2) to challenge acts of federal executive authorities providing explanations of the law and possessing Normative properties, if such cases under this Code have been assigned to the jurisdiction of the Court of Intellectual Rights; "; 2) Part 4 of Article 34 to supplement paragraph 1-1, as follows: " 1-1) of the case of Challenge of acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights on integrated circuits topologies, right to secrets of production (know-how), right to individualization of legal persons, goods, works, services and enterprises, right to use the results of intellectual property "Chapter 23: Chapter 23:" Chapter 23. Consideration by the Court on intellectual rights of cases to challenge the normative legal acts and acts of legislative clarifications and which have normative properties; b) to supplement Article 195-1 as follows: " Article 195-1. Review cases of challenging acts, explanations of the legislation and normative properties 1. Cases of challenging acts of federal executive authorities in the sphere of patent rights and rights to selection achievements, rights on integrated circuits, rights to secrets of production (know-how), right to individualization of legal persons, goods, works, services and enterprises, the right to use the results of intellectual activity in a single technology that contains explanations of the law and which have normative properties (hereinafter referred to as "acts" ) are dealt with by the Court on Intellectual Rights The rules of action provided for in this Code, with particulars prescribed by this Chapter, as defined in this article. 2. The declaration of invalidity of the act, which has normative properties, has the right to apply to the persons referred to in paragraphs 1 and 2 of article 192 of this Code, if they believe that such an act has normative properties and is not in keeping with its content In accordance with the regulations it explained. 3. In reviewing cases of acts that have normative properties, the Court of Intellectual Property determines whether the disputed act has normative properties that allow it to be applied repeatedly as a general obligation The regulations for an indeterminate circle of persons and whether the provisions of the disputed act are in accordance with the regulations that it provides. 4. The obligation to prove compliance with the provisions of the impugned act lies with the authority or official who has accepted the impugned act. 5. As a result of the review of a challenge to an act with normative properties, the Court of Intellectual Property takes one of the following decisions: 1) for the recognition of the disputed act in whole or in part Normative properties and corresponding regulations; 2) that the contested act is recognized in whole or in part not in accordance with the legal provisions that are not provided for to the Regulations under the general mandatory rules applicable to the An indefinite number of persons and intended for repeated use and recognition of the act not in force in whole or in part. "; in article 196, set out the following wording: " Article 196. Publication of a judgment of the Court on intellectual rights in the challenge of a normative legal act or in a case to challenge an act that has normative properties :: Judging by the Intellectual Rights Court's decision on the challenge of a normative legal act, or in a case against an act with normative properties, the Intellectual Rights Court directs the Law Gazette of the federal executive branch of the State "Juridical literature" of the Administration of the President of the Russian Federation, official publications of the federal executive authorities and other official publications in which the disputed act was published and should be immediately publication of these publications. ". Article 2 Amend the Code of Administrative Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1391; N 27, sect. 3981) the following changes: 1) Part 2 of Article 1 to add 1-1 to the following content: "1-1) Challenge of Acts Containing Legislative Clarifications and Regulatory Properties;"; 2) Paragraph 2 In article 20, after the words "normative legal acts" are supplemented by the words ", acts explaining the legislation and the regulatory characteristics,"; (3), article 21, with the addition of paragraph 1 to 1, as follows: " 1-1) contesting the acts of the federal executive authorities, other OF THE PRESIDENT OF THE RUSSIAN FEDERATION Medical insurance containing explanations of legislation and regulations; "; 4) paragraph 1 of article 62, paragraph 2, after" disputed legal acts, "to be supplemented with the words" acts containing Clarifications of the legislation and the normative properties; " (5) Paragraph 3 of article 128, paragraph 3, after the words "normative legal act," to be supplemented with the words "an act containing explanations of the law and the regulatory characteristics,"; 6), paragraph 2, paragraph 2, of article 194 "normative legal acts," to be supplemented by the words "acts containing explanations of legislation and regulatory properties,"; 7) in chapter 21: (a) the title should read: " Chapter 21. Proceedings of administrative proceedings to challenge the normative legal acts and acts explaining the law and the normative properties "; b) to supplement articles 217 to 1 , to read: " Article 217-1. Review the administrative cases of challenge acts that contain explanations of legislation and normative properties 1. Administrative cases concerning the challenge of acts that explain the law and have normative properties (hereinafter referred to as the normative properties) shall be reviewed and resolved by the court in the manner established by this chapter, The characteristics of this article. 2. With an administrative claim for recognition of an act having normative properties, the persons referred to in article 208, paragraphs 1 to 4, of this Code, which have normative properties, are not eligible to apply. and is not in keeping with the actual meaning of the regulations. 3. In an administrative review of an act which has normative properties, the court finds: (1) the rights, freedoms and lawful interests of the administrative claimant or persons served by the administrative court have been violated. a statement of claim; 2) has a disputed act of normative properties that allow it to be applied repeatedly as a general requirement for an indeterminate circle of persons; (3) whether the provisions are of the impugned act in the effective sense of the normative provisions. 4. The obligation to prove the circumstances referred to in paragraph 3 of part 3 of this article shall be the responsibility of the organ, organization or official who has adopted an act having normative properties. 5. The court takes one of the following decisions: 1) to satisfy the claimed claims in whole or in part if the disputed act In whole or in part, it does not correspond to the actual meaning of the regulations which it provides, sets out the general binding rules that are not provided for by the regulations, which apply to an indefinite number of persons and intended for repeated use, and recognition of the act in force, in whole or in part from the day of its adoption or with a different court date; (2) refusing to satisfy the stated requirements, if the contested act is wholly or in part not having normative properties and is in conformity with The content of the regulations to which they are explained. ". Article 3 This Federal Law shall enter into force 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 15 February 2016 N 18-FZ