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CIVIL CODE OF THE RUSSIAN FEDERATION

(part one)

of November 30, 1994 No. 51-FZ

(as amended on 28-06-2021)

Accepted by the State Duma of the Russian Federation on October 21, 1994

Section I. General provisions

Subsection 1. Basic provisions

Chapter 1. Civil legislation

Article 1. Main beginnings of the civil legislation

1. The civil legislation is based on recognition of equality of participants of the relations regulated by it, security of property, freedoms of the agreement, inadmissibility of any intervention someone in private affairs, need of free implementation of the civil laws, ensuring recovery of the violated rights, their judicial protection.

2. Citizens (physical persons) and legal entities acquire and perform the civil laws the will and in the interest. They are free in establishment of the rights and obligations on the basis of the agreement and in determination of any terms of the contract which are not contradicting the legislation.

The civil laws can be limited based on the Federal Law and only in that measure in what it is necessary for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state.

3. In case of establishment, implementation and protection of the civil laws and in case of execution of civil obligations participants of civil legal relationship shall act honesty.

4. Nobody has the right to take benefit from the illegal or unfair behavior.

5. Goods, services and financial resources freely move in all territory of the Russian Federation.

Restrictions of movement of goods and services can be entered according to the Federal Law if it is necessary for safety, protection of life and human health, conservation and cultural values.

Article 2. The relations regulated by the civil legislation

1. The civil legislation determines legal status of participants of civil circulation, the basis of origin and procedure of the property right and other corporeal rights, the rights to results of intellectual activities and means of individualization (the intellectual rights) equated to them, governs the relations connected with participation in corporate bodies or with management of them (the corporate relations), contractual and other commitments, and also other property and personal non-property relations based on equality, autonomy of will and property independence of participants.

Participants of the relations regulated by the civil legislation are citizens and legal entities. Also Russian Federation, subjects of the Russian Federation and municipalities can participate in the relations regulated by the civil legislation (Article 124).

The civil legislation governs the relations between persons performing business activity or with their participation, proceeding from the fact that the independent, performed on the risk activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services are entrepreneurial. Persons performing business activity shall be registered in this quality in the procedure established by the law if other is not provided by this Code.

The rules established by the civil legislation are applied to the relations with participation of foreign citizens, persons without citizenship and foreign legal entities if other is not provided by the Federal Law.

2. Inaliennable human rights and freedoms and other non-material benefits are protected by the civil legislation if other does not follow from being of these non-material benefits.

3. To the property relations based on administrative or other imperious subordination of one party another including to tax and other financial and administrative relations, the civil legislation is not applied if other is not stipulated by the legislation.

Article 3. The civil legislation and other acts containing regulations of the civil law

1. According to the Constitution of the Russian Federation the civil legislation is under authority of the Russian Federation.

2. The civil legislation consists of of this Code and other Federal Laws accepted according to it (further - the laws) governing the relations specified in Items 1 and 2 of Article 2 of this Code.

The regulations of the civil law containing in other laws shall correspond to this Code.

2.1. Introduction of amendments to this Code, and also suspension of action or recognition voided provisions of this Code is performed by the separate laws. The provisions providing introduction of amendments to this Code, suspension of action or recognition voided provisions of this Code, cannot be included in texts of the laws changing (suspending or recognizing voided) other legal acts of the Russian Federation or containing independent subject of legal regulation.

3. The relations specified in Items 1 and 2 of Article 2 of this Code can be regulated also by presidential decrees of the Russian Federation which shall not contradict this Code and other laws.

4. On the basis and in pursuance of of this Code and other laws, presidential decrees of the Russian Federation the Government of the Russian Federation has the right to accept the resolutions containing regulations of the civil law.

5. In case of contradiction of the presidential decree of the Russian Federation or the order of the Government of the Russian Federation to this Code or other law this Code or the relevant law is applied.

6. Action and application of the regulations of the civil law containing in presidential decrees of the Russian Federation and orders of the Government of the Russian Federation (further - other legal acts), are determined by rules of this Chapter.

7. The ministries and other federal executive bodies can issue the acts containing regulations of the civil law in cases and in the limits provided by this Code, other laws and other legal acts.

Article 4. Operation of the civil legislation in time

1. Acts of the civil legislation have no retroactive force and are applied to the relations which arose after their introduction in action.

Operation of the law extends to the relations which arose before its introduction in action only in cases when it is directly provided by the law.

2. On the relations which arose before enforcement of the act of the civil legislation it is applied to the rights and obligations which arose after its introduction in action. The relations of agreement parties, concluded before enforcement of the act of the civil legislation, are regulated according to Article 422 of this Code.

Article 5. Customs

1. Custom the developed and widely applied in any area of business or other activity, not stipulated by the legislation rule of conduct is recognized irrespective of whether it is fixed in any document.

2. The customs contradicting provisions of the legislation or the agreement, obligatory for participants of the corresponding relation, are not applied.

Article 6. Application of the civil legislation by analogy

1. In cases when Articles provided by Items 1 and 2 2 of this Code of the relation are directly not settled by the legislation or the agreement of the parties and there is no custom, applicable to them, to such relations if it does not contradict their being, the civil legislation governing the similar relations (analogy of the law) is applied.

2. In case of impossibility of use of analogy of the law of the right and obligation of the Parties are determined proceeding from the general beginnings and sense of the civil legislation (analogy is right) and requirements of conscientiousness, rationality and justice.

Article 7. Civil legislation and rules of international law

1. The conventional principles and rules of international law and the international agreements of the Russian Federation are component of system of law of the Russian Federation according to the Constitution of the Russian Federation.

2. The international agreements of the Russian Federation are applied to the relations specified in Items 1 and 2 of Article 2 of this Code, directly except cases when follows from the international treaty that its application requires the publication of the interstate act.

If the international treaty of the Russian Federation establishes other rules, than those which are provided by the civil legislation are applied rules of the international treaty. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Chapter 2. Emergence of the civil laws and obligations, implementation and protection of the civil laws

Article 8. Bases of emergence of the civil laws and obligations

1. The civil laws and obligations arise from the bases provided by the law and other legal acts and also from actions of citizens and legal entities which though are not provided by the law or such acts, but owing to the general beginnings and sense of the civil legislation generate the civil laws and obligations. In connection therewith the civil laws and obligations arise:

1) from agreements and other transactions provided by the law and also from agreements and other transactions though which are not provided by the law, but not contradicting it;

1. 1) from decisions of meetings in the cases provided by the law;

2) from acts of state bodies and local government bodies which are provided by the law as the basis of emergence of the civil laws and obligations;

3) from the judgment which established the civil laws and obligations;

4) as a result of property acquisition on the bases allowed by the law;

5) as a result of creation of works of science, literature, art, inventions and other results of intellectual activities;

6) owing to damnification to other person;

7) owing to unjust enrichment;

8) owing to other actions of citizens and legal entities;

9) owing to events with which the law or other legal act connects approach of civil consequences.

2. Lost according to the Federal Law of the Russian Federation of 30.12.2012 No. 302-FZ

Article 8.1. State registration of the rights to property

1. In the cases provided by the law the rights fixing accessory of object of the civil laws to certain person restrictions of such rights and encumbrance of property (the rights to property) are subject to state registration.

State registration of the rights to property is performed by the body authorized according to the law on the basis of the principles of check of legality of the bases of registration, publicity and reliability of the state register.

In the state register the data allowing to establish definitely object on which the right, authorized person, content of the right, the basis of its origin is established shall be specified.

2. The rights to property which are subject to state registration arise, change and stop from the moment of entering of the corresponding record into the state register if other is not established by the law.

3. In the cases provided by the law or the agreement of the parties, the transaction attracting origin, change or the termination of the rights to property which are subject to state registration shall be notarially certified.

Record is entered in the state register in the presence of statements for it of all persons who made the transaction if other is not established by the law. If the transaction is made in notarial form, record can be entered in the state register according to the statement of any party of the transaction, including through the notary.

4. If the right to property arises, changes or stops owing to approach of the circumstances specified in the law, record about origin, about change or about the termination of this right is entered in the state register according to the statement of person for which there come such consequence in law. By the law also the right of other persons to file petition for entering of the corresponding record into the state register can be provided.

5. The body authorized according to the law performing state registration of the rights to property checks the power of the person which filed petition for state registration of the right, legality of the bases of registration, other circumstances and documents provided by the law, and in the cases specified in item 4 of this Article, also approach of the corresponding circumstance.

If the right to property arises, changes or stops based on notarially certified transaction, the body authorized according to the law has the right to check legality of the corresponding transaction in cases and according to the procedure which are provided by the law.

6. The registered right can be challenged only judicially. Person specified in the state register as the owner is recognized to that until in the procedure established by the law record about other is entered in the register.

In case of dispute concerning the registered right person who knew or owed know about unauthenticity of data of the state register having no right to refer to the relevant data.

The acquirer of real estate relying in case of its acquisition on data of the state register is recognized fair (Article 234 and 302) until it is judicially proved that he knew or shall know about lack of the right to alienation of this property at person from whom send it the rights to it.

7. Concerning the registered right in the state register it can be entered according to the procedure, established by the law, mark about objection of person which appropriate right was registered earlier.

If within three months from the date of entering into the state register of mark about objection concerning the registered right person according to whose statement it is brought did not challenge the registered right in court, the mark about objection is cancelled. In this case repeated introduction of mark about objection of the specified person is not allowed. Person challenging registered is right in court, has the right to require entering into the state register of mark about lawsuit availability concerning this right.

8. Refusal in state registration of the rights to property or evasion of state registration can be challenged in court.

9. The losses caused by illegal refusal in state registration of the rights to property, evasion from state registration, entering into the state register of illegal or doubtful data on the right or violation of the procedure for state registration of the rights to property provided by the law because of the body performing state registration of the rights to property are subject to compensation for the account of treasury of the Russian Federation.

10. The rules provided by this Article are applied as other is not established by this Code.

Article 9. Implementation of the civil laws

1. Citizens and legal entities at discretion perform the civil laws belonging to them.

2. The refusal of citizens and legal entities of implementation of the rights belonging to them does not attract the termination of these rights, except as specified, provided by the law.

Article 10. Limits of implementation of the civil laws

1. Are not allowed implementation of the civil laws only with intention to do harm to other person, actions in circumvention of the law with the illegal purpose, and also other obviously unfair implementation of the civil laws (abuse of the right).

Use of the civil laws for the purpose of competition restriction, and also abuse of dominant position in the market is not allowed.

2. In case of non-compliance with requirements, stipulated in Item 1 this Article, the court, Arbitration Court or reference tribunal taking into account nature and consequences of the allowed abuse refuses to person protection of the right belonging to it fully or partially, and also applies other measures provided by the law.

3. If abuse of the right is expressed in making of actions in circumvention of the law with the illegal purpose, consequences, stipulated in Item 2 these Articles, are applied as other consequences of such actions are not established by this Code.

4. If abuse of the right entailed violation of the right of other person, such person has the right to require compensation of the losses caused to these.

5. Conscientiousness of participants of civil legal relationship and rationality of their actions are assumed.

Article 11. Judicial protection of the civil laws

1. Protection of the violated or challenged civil laws is performed by court, Arbitration Court or reference tribunal (further - court) according to their competence.

2. Protection of the civil laws is administratively performed only in the cases provided by the law. The decision made administratively can be challenged in court.

Article 12. Methods of protection of the civil laws

Protection of the civil laws is performed in the way:

recognitions of the right;

recoveries of the provision existing before violation of the right, and suppression of the actions violating the right or creating threat of its violation;

recognitions of the debatable transaction invalid and applications of consequences of its invalidity, application of consequences of invalidity of the insignificant transaction;

recognitions invalid decisions of meeting;

recognitions invalid act of state body or local government body;

self-defenses of the right;

award to discharge of duty in nature;

indemnification;

penalties;

compensations of moral harm;

terminations or changes of legal relationship;

non-use by court of the act of the state body or local government body contradicting the law;

the different ways provided by the law.

Article 13. Recognition invalid act of state body or local government body

The substandard act of state body or local government body, and in the cases provided by the law, also the regulation, the civil laws and interests of the citizen or legal entity protected by the law which are not corresponding to the law or other legal acts and violating, can be recognized as court invalid.

In case of recognition of the act by court invalid the violated right is subject to recovery or protection in other ways, stipulated in Article the 12th of this Code.

Article 14. Self-defense of the civil laws

Self-defense of the civil laws is allowed.

Methods of self-defense shall be proportional to violation and not go beyond the actions necessary for its suppression.

Article 15. Indemnification

1. Person whose right is violated can require full recovery of the losses caused to it if the law or the agreement do not provide indemnification in smaller size.

2. Losses are understood as expenses which person whose right is violated, made or will shall make for recovery of the violated right, loss or injury of its property (actual damage), and also the uncollected income which this person would receive in case of usual conditions of civil circulation if its right was not violated (lost profit).

If person which violated the right received thereof the income, person whose right is violated has the right to require compensation along with other losses of lost profit in the amount of not smaller, than such income.

Article 16. Indemnification, caused by state bodies and local government bodies

The losses caused to the citizen or the legal entity as a result of illegal actions (failure to act) of state bodies, local government bodies or officials of these bodies including the edition which is not corresponding to the law or other legal act of the act of state body or local government body are subject to compensation by the Russian Federation, appropriate subject of the Russian Federation or the municipality.

Article 16.1. Compensation of the damage caused by lawful actions of state bodies and local government bodies

In cases and according to the procedure which are provided by the law the damage caused to the personality or property of the citizen or property of the legal entity lawful actions of state bodies, local government bodies or officials of these bodies, and also other persons which the state delegates powers of authority is subject to compensation.

Subsection 2. Persons

Chapter 3. Citizens (physical persons)

Article 17. Legal capacity of the citizen

1. Capability have the civil laws and perform duties (civil legal capacity) is recognized equally for all citizens.

2. Legal capacity of the citizen arises at the time of its birth and stops death.

Article 18. Content of legal capacity of citizens

Citizens can have property on the property right; inherit and bequeath property; be engaged in the entrepreneurial and any other not forbidden by the law activities; create legal entities independently or together with other citizens and legal entities; make any transactions which are not contradicting the law and participate in obligations; choose the residence; have the rights of authors of works of science, literature and art, inventions and other results of intellectual activities protected by the law; have other property and personal non-property rights.

Article 19. Name of the citizen

1. The citizen acquires and performs the rights and obligations under the name including surname and actually name, and also middle name if other does not follow from the law or national custom.

In cases and according to the procedure, provided by the law, the citizen can use pseudonym (fictitious name).

2. The citizen has the right to change the name according to the procedure, established by the law. Change by the citizen of name is not the basis for the termination or change of its rights and obligations acquired under former name.

The citizen shall take necessary measures for the notification of the debtors and creditors on change of the name and bears risk of the consequences caused by absence in these persons of data on change of his name.

The citizen who changed the name having the right to require introduction at own expense of corresponding changes in the documents processed to his former name.

3. The name received by the citizen in case of the birth, and also change of name are subject to registration according to the procedure, established for civil registration.

4. Acquisition of rights and obligations under name of other person is not allowed.

The name of physical person or its pseudonym can be used with the consent of this person by other persons in their creative activities, business or other economic activity by the methods excluding false representation of the third parties concerning identity of citizens, and also excluding abuse of the right in other forms.

5. The harm done to the citizen as a result of violation of its right addressed to or pseudonym, is subject to compensation according to this Code.

In case of misstatement of name of the citizen or when using name by methods or in shape which affect his honor belittle advantage or goodwill, the citizen has the right to require confutation, compensation of the harm done to it, and also compensation of moral harm.

Article 20. Residence of the citizen

1. The residence the place where the citizen constantly or mainly lives is recognized. The citizen who reported creditors, and also other persons of the data on other place of the residence bears risk of the consequences caused by it.

2. The residence of the minors which did not reach fourteen years, or the citizens who are under guardianship the residence of their legal representatives - parents, adoptive parents or guardians is recognized.

Article 21. Capacity to act of the citizen

1. The citizen's capability the actions to acquire and perform the civil laws, to create for itself civil obligations and to perform them (civil capacity to act) arises in full with occurrence of age of majority, that is on reaching eighteen-year age.

2. In case the law allows marriage before achievement of eighteen years, the citizen who did not reach eighteen-year age acquires capacity to act in full since marriage.

The capacity to act acquired as a result of marriage remains in full and in case of annulment of marriage before achievement of eighteen years.

In case of scrap recognition invalid the court can make the decision on loss by the minor spouse of full legal capacity since the moment determined by court.

Article 22. Inadmissibility of deprivation and restriction of legal capacity and capacity to act of the citizen

1. Nobody can be limited in legal capacity and capacity to act differently, as in cases and according to the procedure, established by the law.

2. Non-compliance with the conditions established by the law and procedure for legal incapacity of citizens or their right to be engaged in business or other activity attracts invalidity of the act of the state or other body setting the corresponding restriction.

3. The complete or partial refusal of the citizen of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant, except as specified, when such transactions are allowed by the law.

Article 23. Business activity of the citizen

1. The citizen has the right to be engaged in business activity without formation of legal entity from the moment of state registration as the individual entrepreneur, except as specified, provided by the paragraph the second this Item.

Concerning separate types of business activity by the law conditions of implementation by citizens of such activities without state registration as the individual entrepreneur can be provided.

2. Ceased to be valid according to the Federal Law of the Russian Federation of 30.12.2012 No. 302-FZ

3. Rules of this Code which regulate activities of legal entities, being the commercial organizations respectively are applied to the business activity of citizens performed without formation of legal entity if other does not follow from the law, other legal acts or being of legal relationship.

4. The citizen performing business activity without formation of legal entity with violation of requirements of Item 1 of this Article having no right to refer concerning the bargains concluded by it at the same time to the fact that he is not entrepreneur. The court can apply to such transactions of the rule of this Code about the obligations connected with implementation of business activity.

5. Citizens have the right to be engaged in productive or other economic activity in the field of agricultural industry without formation of legal entity on the basis of the agreement on creation of the peasant farm concluded according to the law on peasant farm.

The citizen registered as the individual entrepreneur can be the head of peasant farm.

Article 24. Property responsibility of the citizen

The citizen answers for the obligations all property belonging to him, except for property on which according to the law collection cannot be turned.

The list of property of citizens on which collection cannot be turned is established by the civil procedural legislation.

Article 25. Insolvency (bankruptcy) of the citizen

1. The citizen who is not capable to meet requirements of creditors for monetary commitments and (or) to fulfill duty on payment of obligatory payments, can be recognized as insolvent (bankrupt) according to the decision of Arbitration Court.

2. The bases, procedure and consequences of recognition by Arbitration Court of the citizen by insolvent (bankrupt), priority of satisfaction of requirements of creditors, procedure for application of procedures in the case of insolvency (bankruptcy) of the citizen are established by the law regulating questions of insolvency (bankruptcy).

Article 26. Capacity to act of minors aged from fourteen up to eighteen years

1. Minors aged from fourteen up to eighteen years make transactions, except for called in Item 2 of this Article, from written consent of the legal representatives-parents, adoptive parents or the custodian.

The transaction made by such minor is valid also in case of its subsequent written approval by his parents, adoptive parents or the custodian.

2. Minors aged from fourteen up to eighteen years have the right independently, without the consent of parents, adoptive parents and the custodian:

1) to dispose of the of earnings, grant and other income;

2) to perform the rights of the author of the work of science, literature or art, the invention or other result of the intellectual activities protected by the law;

3) according to the law to make contributions to credit institutions and to dispose of them;

4) to make small household transactions and other transactions, stipulated in Item 2 articles 28 of this Code.

On reaching sixteen years minors also have the right to be members of cooperatives according to the laws on cooperatives.

3. Minors aged from fourteen up to eighteen years independently bear property responsibility according to the transactions made by them according to Items 1 and 2 of this Article. Such minors bear responsibility according to this Code for the harm done by them.

4. In the presence of good causes the court according to the petition of parents, adoptive parents or the custodian or guardianship and custody body can limit or deprive of the minor aged from fourteen up to eighteen years of the right to independently dispose of the of earnings, grant or other income, except as specified, when such minor acquired capacity to act in full according to Item 2 of Article 21 or with article 27 of this Code.

Article 27. Emancipation

1. The minor who reached sixteen years can be announced sui juris if he works according to the employment contract, including under the contract, or with the consent of parents, adoptive parents or the custodian is engaged in business activity.

The announcement of the minor sui juris (emancipation) is made according to the decision of guardianship and custody body - with the consent of both parents, adoptive parents or the custodian or in the absence of such consent - by a court decision.

2. Parents, adoptive parents and the custodian do not bear responsibility according to obligations of the emancipated minor, in particular according to the obligations which arose owing to causing harm by him.

Article 28. Capacity to act of juveniles

1. For the minors who did not reach fourteen years (juveniles), only their parents, adoptive parents or guardians can make the transactions except for specified in Item 2 of this Article from their name.

The rules provided by Items 2 and 3 of article 37 of this Code are applied to transactions of legal representatives of the minor with its property.

2. Juveniles aged from six up to fourteen years have the right to make independently:

1) small household transactions;

2) the transactions directed to non-paid receipt of benefit, which are not requiring the notarial certificate or state registration;

3) transactions on the order the means provided by the legal representative or with the consent of the last the third party for particular purpose or for the free order.

3. Property responsibility according to transactions of the juvenile, including according to the transactions made by him independently is born by his parents, adoptive parents or guardians if do not prove that the obligation was violated not on their fault. These persons according to the law are also responsible for the harm done by juveniles.

Article 29. Recognition of the citizen incapacitated

1. The citizen who owing to mental disturbance cannot understand values of the actions or directs them, can be recognized as court incapacitated according to the procedure, established by the civil procedural legislation. Over it guardianship is established.

2. On behalf of the citizen recognized incapacitated transactions are made by his guardian, considering opinion of such citizen, and in case of impossibility of establishment of his opinion - taking into account information on his preferences obtained from parents of such citizen, his former guardians, other persons who were rendering to such citizen of service and honesty fulfilling the duties.

3. In case of development of capability of the citizen who was recognized as incapacitated to understand value of the actions or to direct them only by means of other persons the court recognizes such citizen restrictedly capable according to Item 2 of article 30 of this Code.

In case of recovery of capability of the citizen who was recognized as incapacitated to understand value of the actions or to direct them the court recognizes it capable.

Based on the judgment the guardianship established over the citizen is cancelled and in case of recognition of the citizen it is limited by capable guardianship is established.

Article 30. Legal incapacity of the citizen

1. The citizen who owing to addiction to gamblings, abuse of alcoholic drinks or drugs puts the family in difficult financial position can be limited by court in capacity to act according to the procedure, established by the civil procedural legislation. Over it guardianship is established.

He has the right to make small household transactions independently.

He can make other transactions only with the consent of the custodian. However such citizen independently bears property responsibility according to the transactions made by him and for the harm done to them. The custodian receives and spends earnings, pension and other income of the citizen limited to court in capacity to act for the benefit of the ward according to the procedure, stipulated in Article the 37th of this Code.

2. The citizen who owing to mental disturbance can understand value of the actions or directs them only by means of other persons, can be limited by court in capacity to act according to the procedure, established by the civil procedural legislation. Over it guardianship is established.

Such citizen makes transactions, except for the transactions provided by subitems 1 and 4 of Item 2 of article 26 of this Code from written consent of the custodian. The transaction made by such citizen is valid also in case of its subsequent written approval by his custodian. Such citizen has the right to make the transactions provided by subitems 1 and 4 of Item 2 of article 26 of this Code independently.

The citizen limited to court in capacity to act on the bases provided by this Item can dispose of the alimony paid on it, social pension, indemnification to health and in connection with the death of the supporter and other payments provided on its content from written consent of the custodian, except for payments which are specified in the subitem 1 of Item 2 of article 26 of this Code and of which he has the right to dispose independently. Such citizen has the right to dispose of the specified payments during the term determined by the custodian. The order can be stopped by the specified payments before the expiration of this term for the decision of the custodian.

In the presence of good causes the court according to the petition of the custodian or guardianship and custody body can limit or deprive of such citizen of the right to dispose independently of the income specified in the subitem 1 of Item 2 of article 26 of this Code.

The citizen whose capacity to act is limited owing to mental disturbance independently bears property responsibility according to the transactions made by it according to this Article. Such citizen bears responsibility according to this Code for the harm done to them.

3. If the bases owing to which the citizen was limited in capacity to act disappeared, the court cancels restriction of his capacity to act. Based on the judgment the guardianship established over the citizen is cancelled.

If the mental condition of the citizen who owing to mental disturbance according to Item 2 of this Article was limited in capacity to act changed, the court recognizes it incapacitated according to article 29 of this Code or cancels restriction of his capacity to act.

Article 31. Guardianship and custody

1. Guardianship and custody are established for protection of the rights and interests of incapacitated or not sui juris citizens. Guardianship and custody over minors are established also for the purpose of their education. The rights corresponding to it and obligations of guardians and custodians are determined by the family legislation.

2. Guardians and custodians speak out in defense of the rights and interests of the wards in the relations with any persons, including in courts, without special power.

3. Guardianship and custody over minors are established in case of absence at them of parents, adoptive parents, deprivation of the parent rights by court of parents, and also in cases when such citizens for other reasons were left without parent care, in particular when parents evade from their education or protection of their rights and interests.

4. Provisions of the Federal Law "About Guardianship and Custody" and other regulatory legal acts of the Russian Federation adopted according to it are applied to the relations arising in connection with establishment, implementation and the termination of guardianship or custody and which are not settled by this Code.

Article 32. Guardianship

1. Guardianship is established over juveniles, and also over the citizens recognized by court incapacitated owing to mental disturbance.

2. Guardians are representatives of wards by law and make from their name and in their interests all necessary transactions.

Article 33. Guardianship

1. Guardianship is established over minors aged from fourteen up to eighteen years, and also over the citizens limited to court in capacity to act.

2. Custodians agree to making of those transactions which the citizens who are under the guardianship having no right to make independently.

Custodians of minor citizens and citizens whose capacity to act is limited owing to mental disturbance render to wards assistance in implementation of the rights by them and fulfillment of duties, and also protect them from abuses of the third parties.

Article 34. Guardianship and custody bodies

1. Guardianship and custody bodies are executive bodies of the subject of the Russian Federation. Guardianship and custody bodies are also local government bodies if the law of the subject of the Russian Federation they are given authority on guardianship and custody according to the Federal Laws.

Questions of the organization and activities of guardianship and custody bodies for implementation of guardianship and custody over children without parental support, are determined by this Code, the Family code of the Russian Federation, the Federal Law of October 6, 1999 No. 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation", the Federal Law of October 6, 2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation", other Federal Laws and the laws of subjects of the Russian Federation.

Powers of guardianship and custody body concerning the ward are assigned to body which established guardianship or custody. In case of change of the residence of the ward of power of guardianship and custody body are assigned to guardianship and custody body at the new place of residence of the ward according to the procedure, determined by the Federal Law "About Guardianship and Custody".

2. The court shall within three days since the introduction in legal force of the decision on recognition of the citizen incapacitated or about restriction of his capacity to act to report about it to guardianship and custody body at the place of residence of such citizen for establishment of guardianship or custody over it.

3. The guardianship and custody body at the place of residence of wards exercises supervision of activities of their guardians and custodians.

Article 35. Guardians and custodians

1. The guardian or the custodian is appointed by guardianship and custody body at the place of residence of person needing guardianship or custody, within a month since the moment when the specified bodies knew of need of establishment of guardianship or custody over the citizen. In the presence of the circumstances deserving attention the guardian or the custodian can be appointed by guardianship and custody body at the place of residence of the guardian (custodian). If to person needing guardianship or custody the guardian or the custodian is within a month not appointed, fulfillment of duties of the guardian or custodian is temporarily assigned to guardianship and custody body.

Appointment of a guardian or the custodian it can be challenged in court by interested persons.

2. Only full age capable citizens can be appointed guardians and custodians. The citizens deprived of the parent rights and also the citizens having at the time of establishment of guardianship or custody criminal record for intentional crime against life or health of citizens cannot be appointed guardians and custodians.

3. The guardian or the custodian can be appointed only from its consent. At the same time its moral and other personal qualities, capability to accomplishment of obligations of the guardian or the custodian, the relations existing between it and person needing guardianship or custody shall be considered and if it is possible - and desire of the ward.

4. To the incapacitated or not sui juris citizens placed under supervision in the educational organizations, the medical organizations, the organizations rendering social services, or other organizations including in the organizations for orphan children and children without parental support, guardians or custodians are not appointed. Fulfillment of duties of guardians or custodians is assigned to the specified organizations.

Article 36. Execution by guardians and custodians of the obligations

1. Duties on guardianship and custody are fulfilled gratuitously, except the cases provided by the law.

2. Guardians and custodians of minor citizens shall live jointly with the wards. Separate accommodation of the custodian with the ward who reached sixteen years is allowed with the permission of guardianship and custody body provided that it will not affect adversely education and protection of the rights and interests of the ward.

Guardians and custodians shall inform guardianship and custody bodies on change of the residence.

3. Guardians and custodians shall care for content of the wards, for providing them with leaving and treatment, to protect their rights and interests.

Guardians and custodians of minors shall care for their training and education.

Guardians and custodians care for development (recovery) of capability of the citizen which capacity to act is limited owing to mental disturbance, or the citizen recognized as incapacitated to understand value of the actions or to direct them.

Guardians and custodians perform the functions, considering opinion of the ward, and in case of impossibility of its establishment - taking into account information on preferences of the ward obtained from his parents, former guardians, other persons who were rendering him services and who were honesty fulfilling the duties.

4. The obligations specified in Item 3 of this Article are not assigned to custodians of the full age citizens limited to court in capacity to act, except for custodians of the citizens limited to court in capacity to act owing to mental disturbance.

5. If the bases owing to which the citizen was recognized as incapacitated or it is limited by capable, disappeared, the guardian or the custodian shall petition before court for recognition of the ward capable and for removal of guardianship or custody from it.

If the bases owing to which the citizen who owing to mental disturbance can understand value of the actions or direct them by means of other persons, it was limited in capacity to act, changed, the custodian shall take a legal action with the statement for cancellation of legal incapacity of the ward or for recognition its incapacitated according to Item 3 of article 30 of this Code.

Article 37. Order property of the ward

1. The income of the ward, including the amount of the alimony, pensions, benefits and other social payments provided on its content, and also the income which is due to the ward from management of its property except for of the income of which the ward has the right to dispose independently are spent by the guardian or the custodian only for the benefit of the ward and with preliminary permission of guardianship and custody body. Without preliminary permission of guardianship and custody body the guardian or the custodian has the right to spend monthly for content of the ward its money within the size of subsistence minimum established according to the law per capita in general across the Russian Federation. Cases in case of which the guardian has the right not to provide the report on expenditure of the amount credited on the separate nominal account are established by the Federal Law "About Guardianship and Custody".

2. The guardian of the guardianship and custody body having no right without preliminary permission to make, and the custodian - to agree to transactions on alienation, including exchange or donation of property of the ward, its delivery for rent (in lease), in free use or as a deposit, the transactions attracting refusal of the rights belonging to the ward, from it add the Section of its property or apportionment, and also any other actions attracting reduction of property of the ward.

The procedure for property management of the ward is determined by the Federal Law "About Guardianship and Custody".

3. The guardian, the custodian, their spouses and close relatives has no right to make transactions with the ward, except for cessions of property to the ward as gift or in free use, and also to represent the ward in case of the conclusion of transactions or conducting legal cases between the ward and the spouse of the guardian or the custodian and their close relatives.

4. The guardian disposes of property of the citizen recognized incapacitated based on opinion of the ward, and in case of impossibility of establishment of his opinion - taking into account information on his preferences obtained from parents of such citizen, his former guardians, other persons who were rendering to such citizen of service and honesty fulfilling the duties.

Article 38. Property trust management of the ward

1. In need of permanent management of real and valuable personal estate of the ward the guardianship and custody body concludes with the managing director determined by this body, the agreement on trust management of such property. In this case the guardian or the custodian keeps the powers concerning that property of the ward which is not delivered in trust management.

When implementing by the managing director of competences on property management of the ward action of the rules provided by Items 2 and 3 of article 37 of this Code extends to the managing director.

2. Property trust management of the ward stops on the bases provided by the law for termination of the contract on property trust management and also in cases of the termination of guardianship and custody.

Article 39. Release and discharge of guardians and custodians from execution of the obligations by them

1. The guardianship and custody body exempts the guardian or the custodian from execution of the obligations by it in cases of return of the minor to his parents or its adoptions.

When placing the ward under supervision in the educational organization, the medical organization, the organization rendering social services, or other organization including in the organization for orphan children and children without parental support, the guardianship and custody body exempts earlier appointed guardian or the custodian from execution of the obligations by them if it does not contradict interests of the ward.

2. The guardian, the custodian can be exempted from execution of the obligations at their request.

The guardian or the custodian can be exempted from execution of the obligations at the initiative of guardianship and custody body in case of contradictions between interests of the ward and interests of the guardian or custodian, including is temporary.

3. In cases of inadequate accomplishment by the guardian or custodian of the obligations lying on it, including when using of guardianship or custody by it in the mercenary purposes or when leaving the ward without supervision and necessary assistance, the guardianship and custody body can discharge the guardian or the custodian of execution of these obligations and to take necessary measures for involvement of the guilty citizen to the responsibility established by the law.

Article 40. Termination of guardianship and custody

1. Guardianship and custody over full age citizens stop in cases of pronouncement by court of the decision on recognition of the ward capable or cancellations of restrictions of his capacity to act on the statement of the guardian, the custodian or guardianship and custody body.

2. On reaching the juvenile ward of fourteen years guardianship over him stops, and the citizen performing obligations of the guardian becomes the minor's custodian without additional decision on it.

3. Guardianship over the minor stops without singular solution on reaching the minor ward of eighteen years, and also in case of its introduction in scrap and in other cases of acquisition of full legal capacity by it before attainment of majority (Item 2 of Article 21 and Article 27).

Article 41. Patronage over full age capable citizens

1. Over the full age capable citizen who is for health reasons not capable to perform and protect independently the rights and to fulfill the duties, patronage can be established.

2. Within a month from the date of identification of the full age capable citizen who for health reasons cannot independently perform and protect the rights and fulfill the duties, to it the assistant is appointed by guardianship and custody body. The assistant can be appointed from its consent in writing, and also with the consent of in writing citizen over whom patronage is established. The employee of the organization performing social servicing of the full age capable citizen needing establishment over it of patronage cannot be appointed the assistant to such citizen.

3. The assistant to the full age capable citizen makes actions for the benefit of the citizen who is under patronage based on concluded with this person of the agreement of the order, property trust management agreement or other agreement.

4. The guardianship and custody body shall exercise control of execution by the assistant to the full age capable citizen of the obligations and inform the citizen who is under patronage on the violations allowed by his assistant and which are the basis for termination of prisoners of the contract of the order between them, the property trust management agreement or other agreement.

5. The patronage over the full age capable citizen established according to Item 1 of this Article stops in connection with termination of the contract of the order, property trust management agreement or other agreement on the bases provided by the law or the agreement.

Article 42. Recognition of the citizen is unknown absent

The citizen can be acknowledged according to the statement of interested persons as court is unknown absent if within year in the place of his residence there are no data on the place of its stay.

In case of impossibility to establish day of receipt of the last data about absent the beginning of calculation of term for recognition of unknown absence the first, following in what the last data about absent were received is considered, and in case of impossibility to establish this month - the first of January of the next year.

Article 43. Consequences of recognition of the citizen it is unknown absent

1. The property of the citizen, acknowledged is unknown absent, in need of permanent management is transferred by it based on the judgment to person who is determined by guardianship and custody body and acts on the basis of the agreement on trust management signed with this body.

From this property content is issued to citizens whom it is unknown absent shall contain, and the debt on other obligations is repaid it is unknown absent.

2. The guardianship and custody body can and before the expiration of year from the date of receipt of data on the place of stay of the absent citizen to appoint the managing director it by property.

3. Consequences of recognition of person it is unknown absent, not provided by this Article, are determined by the law.

Article 44. Cancellation of the decision on recognition of the citizen it is unknown absent

In case of appearance or detection of the place of stay of the citizen, acknowledged it is unknown absent, the court cancels the decision on recognition it is unknown absent. Based on the judgment property management of this citizen is cancelled.

Article 45. Announcement of the citizen dead

1. The citizen can be announced by the court which died if in the place of his residence there are no data on the place of its stay within five years and if he was missing under the circumstances threatening with death or giving the grounds to assume his death from certain accident - within six months.

2. The serviceman or other citizen, the missing person in connection with military operations, can be announced by the court which died not earlier than after two years from the date of the end of military operations.

3. In the afternoon of death of the citizen declared in the dead day of the introduction in legal force of the judgment about the announcement is considered his dead. In case of the announcement to the dead of the citizen, the missing person under the circumstances threatening with death or giving the grounds to assume his death from certain accident, the court can recognize as day of death of this citizen day of his expected death and specify the moment of his expected death.

Article 46. Consequences of appearance of the citizen declared the dead

1. In case of appearance or detection of the place of stay of the citizen declared the dead, the court cancels the decision on the announcement his dead.

2. Irrespective of time of the appearance the citizen can demand from any face of return of the saved property which gratuitously passed to this person after the announcement of the citizen with the dead, except as specified, stipulated in Item 3 Articles 302 of this Code.

Persons to whom the property of the citizen declared the dead passed according to paid transactions shall return it this property if it is proved that, acquiring property, they knew that the citizen declared the dead is in live. In case of impossibility of return of such property in nature its cost is compensated.

Article 47. Civil registration

1. The following acts of civil status are subject to state registration:

1) birth;

2) marriage;

3) annulment of marriage;

4) adoption (adoption);

5) paternity proof;

6) change of name;

7) death of the citizen.

2. Civil registration is made by bodies of civil registration by entering of the corresponding records into books of civil registration (assembly books) and issues to citizens of certificates based on these records.

3. Correction and change of civil registrations are made by body of civil registration in the presence of good causes and lack of dispute between interested persons.

In the presence of dispute between interested persons or refusal of body of civil registration in correction or change of record the dispute is resolved by court.

Cancellation and recovery of civil registrations are made by body of civil registration based on the judgment.

4. The bodies performing civil registration, order of registration of these acts, procedure for change, recovery and cancellation of civil registrations forms of assembly books and certificates, and also procedure and storage durations of assembly books are determined by the law on acts of civil status.

Chapter 4. Legal entities

§ 1. Basic provisions
Article 48. Concept of the legal entity

1. The legal entity the organization which has the isolated property and answers it for the obligations is recognized, can acquire and perform on its own behalf the civil laws and perform civil duties, to be claimant and the defendant in court.

2. The legal entity shall be registered in the Unified State Register of Legal Entities in one of the forms of business provided by this Code.

3. Also municipal unitary enterprises, and also organizations treat legal entities on whose property their founders have the corporeal rights state.

Corporate bodies treat legal entities concerning whom their participants have corporate laws (Article 65. 1).

4. The legal status of the Central bank of the Russian Federation (Bank of Russia) is determined by the Constitution of the Russian Federation and the law on the Central bank of the Russian Federation.

Article 49. Legal capacity of the legal entity

1. The legal entity can have the civil laws answering the activities purpose provided in its constituent document (Article 52), and to perform the duties connected with these activities.

The commercial organizations, except for the unitary enterprises and other organization types provided by the law can have the civil laws and perform the civil duties necessary for implementation of the any kinds of activities which are not forbidden by the law.

In the cases provided by the law, the legal entity can be engaged in separate types of activity only based on special permission (license), membership in self-regulatory organization or the certificate on the admission granted by self-regulatory organization to certain work type.

2. The legal entity can be limited in the rights only in cases and according to the procedure, provided by the law. The decision on restriction of the rights can be challenged by the legal entity in court.

3. Legal capacity of the legal entity arises from the moment of entering into the Unified State Register of Legal Entities of data on its creation and stops at the time of entering into the specified register of data on its termination.

The right of the legal entity to perform activities which occupation requires receipt of special permission (license), membership in self-regulatory organization or receipt of the certificate of self-regulatory organization on the admission to certain work type arises from the moment of receipt of such permission (license) or in the time specified in it or from the moment of the accession of the legal entity to self-regulatory organization or issues by self-regulatory organization of the certificate on the admission to certain work type and stops in case of cancellation of permission (license), membership in self-regulatory organization or the certificate on the admission granted by self-regulatory organization to certain work type.

4. Civil provision of legal entities and procedure for their participation in civil circulation (Article 2) are regulated by this Code. Features of civil provision of legal entities of separate forms of business, types and types, and also the legal entities created for implementation of activities in certain spheres are determined by this Code, other laws and other legal acts.

5. To the legal entities created by the Russian Federation based on the special Federal Laws, regulations of this Code on legal entities are applied so far as other is not provided by the special Federal Law on the corresponding legal entity.

Article 50. Commercial and non-profit organizations

1. The organizations which are pursuing generation of profit as main objective of the activities (the commercial organizations) or not having generation of profit as such purpose and not sharing the got profit between participants (non-profit organizations) can be legal entities.

2. Legal entities, being the commercial organizations, can be created in forms of business of economic partnerships and societies, peasant farms, economic partnership, production cooperatives, state and municipal unitary enterprises.

3. Legal entities, being non-profit organizations, can be created in forms of business:

1) consumer cooperatives which treat including housing, building and garage cooperatives, societies of mutual insurance, credit cooperatives, funds of hire, agricultural consumer cooperatives;

2) public organizations which treat including political parties and labor unions (the trade-union organizations), bodies of public amateur performance created as legal entities, territorial public self-government;

2. 1) social movements;

3) associations (unions) which treat including non-profit partnerships, self-regulatory organizations, merging of employers, merging of labor unions, cooperatives and public organizations, Chambers of Commerce and Industry;

4) partnerships of owners of the real estate which treat including condominiums, gardening or gardening non-commercial partnerships;

5) the Cossack societies entered in the state register of the Cossack societies in the Russian Federation;

6) communities of indigenous ethnic groups of the Russian Federation;

7) funds which treat including public and charity foundations;

8) organizations which public institutions (including the state academies of Sciences), local government offices and private (including public treat) organizations;

9) autonomous nonprofit organizations;

10) religious organizations;

11) public companies;

12) Chambers of Advocates;

13) lawyer educations (being legal entities);

14) state corporations;

15) notarial chambers.

4. Non-profit organizations can perform revenue-producing activities if it is provided by their charters, only so far as it serves goal achievement for the sake of which they are created and if it answers such purpose.

5. The non-profit organization which charter provides implementation of revenue-producing activities except for of state and private organizations, shall have sufficient for implementation property of the specified activities by market value the minimum size of the authorized capital provided for limited liability companies suffices (Item 1 of Article 66. 2).

6. To the relations on implementation of the main activities by non-profit organizations, and also to other relations with their participation which is not relating to subject of the civil legislation (Article 2), rules of this Code are not applied if the law or the charter of non-profit organization do not provide other.

Article 50.1. Decision on organization of the legal entity

1. The legal entity can be created based on the decision of the founder (founders) on organization of the legal entity.

2. In case of organization of the legal entity one person the decision on its organization is made by the founder solely.

In case of organization of the legal entity two and more founders the specified decision is made by all founders unanimously.

3. In the decision on organization of the legal entity data on organization of the legal entity, approval of its charter, and in case, stipulated in Item 2 Articles 52 of this Code are specified, about what the legal entity acts on the basis of the standard charter approved by authorized state body about procedure, the size, methods and terms of formation of property of the legal entity, about election (appointment) of bodies of the legal entity.

In the decision on organization of the corporate legal entity (Article 65. 1) also data on results of vote of founders concerning organization of the legal entity, about procedure for joint activities of founders for creation of the legal entity are specified.

In the decision on organization of the legal entity also other data provided by the law are specified.

4. In case of creation of heritable fund (Article 123.20-1) the decision on organization of heritable fund is made by the citizen in case of creation of the will by it and shall contain data on organization of heritable fund after the death of this citizen, about approval by this citizen of the charter of heritable fund and conditions of management of heritable fund, about procedure, the size, methods and terms of formation of property of heritable fund, persons designated in structure of bodies of this fund or about procedure for determination of such persons.

After the death of the citizen the notary processing heritable case directs to authorized state body the application for state registration of heritable fund with indication of name or the name of person (persons) performing powers of sole executive body of fund.

Article 51. State registration of legal entities

1. The legal entity is subject to state registration in the authorized state body according to the procedure provided by the law on state registration of legal entities.

2. Data of state registration join in the Unified State Register of Legal Entities open for general acquaintance.

Person, fair relying on data of the Unified State Register of Legal Entities, has the right to recognize that they correspond to the valid circumstances. The legal entity has no right to refer in the relations with person relying on data of the Unified State Register of Legal Entities to the data which are not included in the specified register and also to unauthenticity of the data containing in it, except as specified, if the relevant data are included in the specified register as a result of wrongful acts of the third parties or other way without volition of the legal entity.

The legal entity shall pay the damages caused to other participants of civil circulation owing to non-presentation, untimely representation or submission of doubtful data on it in the Unified State Register of Legal Entities.

3. Before state registration of the legal entity, changes of its charter or before inclusion of other data which are not connected with changes of the charter the authorized state body shall carry out to the Unified State Register of Legal Entities according to the procedure and in time which are provided by the law, check of accuracy of the data, included in the specified register.

4. In cases and according to the procedure which are provided by the law on state registration of legal entities the authorized state body shall report beforehand to interested persons about the forthcoming state registration of changes of the charter of the legal entity and about the forthcoming inclusion of data in the Unified State Register of Legal Entities.

Interested persons have the right to send to authorized state body of objection of rather forthcoming state registration of changes of the charter of the legal entity or the forthcoming inclusion of data in the Unified State Register of Legal Entities according to the procedure, provided by the law on state registration of legal entities. The authorized state body shall consider these objections and make the relevant decision according to the procedure and in time which are provided by the law on state registration of legal entities.

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