of July 1, 1996 No. 6/8
About some questions connected using part one of the Civil code of the Russian Federation
For the purpose of ensuring the correct and uniform application by courts and Arbitration Courts (further - courts) parts one of the Civil code of the Russian Federation, and also considering that courts had questions requiring permission, the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation decide to make the following explanations:
If the court determines that the challenged act does not correspond to the law or other legal acts and limits the civil laws and interests of the citizen or legal entity protected by the law, then according to Article 13 of group of companies he can nullify such act.
The same procedure shall be recognized invalid the acts containing restrictions of movement of goods, services and financial resources, meaning that the specified restrictions can be introduced only according to the Federal Law if it is necessary for safety, protection of life and human health, conservation and cultural values (Item 3 of article 1 Civil Code of the Russian Federation).
2. No. 7 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.03.2016.
3. According to the Constitution of the Russian Federation the civil legislation is under authority of the Russian Federation (Item 1 of Article 3 of group of companies). The regulations of the civil law containing in acts of the subjects of the Russian Federation published before enforcement of the Constitution of the Russian Federation can be applied by courts in case of the dispute resolution if they do not contradict the Constitution of the Russian Federation and the Code.
4. No. 25 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015.
5. No. 25 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015
6. The basis for decision making of court about recognition of the substandard act, and in the cases provided by the law also of the regulation of state body or local government body invalid are at the same time as its discrepancy to the law or other legal act, and violation the specified act of the civil laws and the interests of the citizen or legal entity protected by the law which took a legal action with the relevant requirement.
7. Considering that 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 (the paragraph the fourth Item 1 of Article 2), statements of specified persons for recognition invalid acts of state bodies and local government bodies shall be accepted by courts and be considered in general procedure.
8. Protection of the violated or challenged civil laws is performed by court. Therefore courts shall accept claims of citizens and legal entities for recognition invalid the acts issued by governing bodies of legal entities if these acts do not correspond to the law and other regulatory legal acts and violate the rights and interests of these citizens and legal entities protected by the law as such disputes follow from civil legal relationship.
In particular, disputes over claims for recognition invalid the decisions of shareholder meeting, board and other bodies of joint-stock company violating shareholder rights, stipulated by the legislation are subject to consideration by courts.
9. No. 25 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015
10. No. 25 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015
11. No. 25 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015
12. No. 25 is not applied according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015
Regulations on legal entities and physical persons
13. Disputes between the citizens registered as individual entrepreneurs and also between the specified citizens and legal entities are permitted by Arbitration Courts, except for the disputes which are not connected with implementation by citizens of business activity. In the same procedure disputes with participation of heads of peasant farm are considered.
In case of permission of the specified disputes Arbitration Courts should be guided by Code regulations which regulate activities of legal entities, being the commercial organizations if other does not follow from the law, other legal act or being of legal relationship (Item 3 of article 23 of the Code).
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