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:
1. When considering the case, arisen in connection with contest by the citizen or the legal entity of legality of the substandard act of state body, local government body, and in the cases provided by the Federal Law (for example, the Law of the Russian Federation of April 27, 1993. "About appeal in court of the actions and decisions violating the rights and freedoms of citizens") as well regulation, it is necessary to consider that owing to part 3 of article 55 of the Constitution of the Russian Federation and Item 2 of Article 1 of group of companies restriction of the civil laws is admissible only 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.
If the court determines that the disputed 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
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