On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of December 13, 2016 No. 28-P

On the case of check of constitutionality of subitem 1 of Article 1301, subitem 1 of Article 1311 and the subitem 1 of item 4 of Article 1515 of the Civil code of the Russian Federation in connection with requests of Arbitration Court of Altai Krai

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of Arbitration Court of Altai Krai - the judge of Arbitration Court of Altai Krai M. A. Kulik, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the representative of the Federation Council - the doctor of jurisprudence P. A. Kucherenko, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, part one Item 3.1, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of subitem 1 of Article 1301, of subitem 1 of Article 1311 and the subitem 1 of item 4 of Article 1515 of Civil Code of the Russian Federation.

Reason for consideration of the case were requests of Arbitration Court of Altai Krai. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.

As both requests concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these requests in one production.

Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of agents of the parties, performances invited in meeting of the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky and also representatives: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation V. V. Popov, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. The Arbitration Court of Altai Krai in which production there are two cases on claims of owners on collection of compensation for violation of exclusive rights on results of intellectual activities and means of individualization equated to them appealed to the Constitutional Court of the Russian Federation with requests about check of constitutionality of the provisions of the Civil code of the Russian Federation regulating the corresponding legal relationship namely:

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