of March 14, 2009 No. 31-FZ
About state registration of the rights to aircrafts and transactions with them
Accepted by the State Duma on February 25, 2009
Approved by the Federation Council on March 4, 2009
1. State registration of the rights to aircrafts and transactions with them (further also - state registration of the rights to aircrafts) - the legal act of recognition and confirmation of availability by the state, origins, transition, the termination, restriction (encumbrance) of the property right and other corporeal rights (further takzheprava) on aircrafts according to the Civil code of the Russian Federation.
2. According to this Federal Law state registration of the rights to the civil aircrafts which are subject to state registration according to the Air code of the Russian Federation, and also on the state aircrafts which are used for commercial purposes according to the procedure, established by the Government of the Russian Federation is performed.
3. State registration of the rights to aircrafts is the single proof of existence of the registered right to the aircraft. The registered right to the aircraft can be challenged only judicially.
4. State registration of the rights to aircrafts is performed on the system of records about the rights to aircrafts installed by this Federal Law, including about restrictions (encumbrances) of the rights, and about transactions with aircrafts in the Unified State Register of Rights on aircrafts and transactions with them (further - the Unified State Register of Rights on aircrafts).
5. Date of state registration of the rights to aircrafts is day of introduction of the corresponding records about the rights and transactions with aircrafts in the Unified State Register of Rights on aircrafts.
6. Refusal in state registration of the rights to aircrafts or evasion of relevant organ of state registration of the rights to aircrafts can be challenged by interested persons in court.
The relations connected with state registration of the rights to aircrafts are regulated by the Civil code of the Russian Federation, the Air code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation.
1. The rights to aircrafts, and also transactions with aircrafts are subject to state registration if state registration of such transactions is provided by the Civil code of the Russian Federation.
2. The rights to aircrafts on which documents of title are processed after day of entry into force of this Federal Law are subject to obligatory state registration.
Participants of the relations arising in case of state registration of the rights to aircrafts are owners of aircrafts and owners of other rights to aircrafts which are subject to state registration, including citizens of the Russian Federation, foreign citizens and stateless persons, the Russian and foreign legal entities, the international organizations, foreign states, the Russian Federation, subjects of the Russian Federation, municipalities, on the one hand, the federal executive body authorized by the Government of the Russian Federation (further - body of state registration of the rights to aircrafts), - with another.
1. The rights to the aircrafts which arose about day of entry into force of this Federal Law and the transactions with them made up to this point are recognized legally valid in the absence of their state registration entered by this Federal Law. State registration of such rights is performed at the request of their owners.
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