Denis Valentinovich Manturov Minister of Industry and Trade of the Russian ...
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN ARTICLES 1252 AND 1486 OF PART FOUR OF THE CIVIL CODE
RUSSIAN FEDERATION AND ARTICLES 4 AND 99 ARBITRATION
OF THE PROCESS CODE OF THE RUSSIAN FEDERATION
Federation Council
Introduce into part four of the Civil Code Russian Federation(Collected Legislation of the Russian Federation, 2006, N 52, Art. 5496; 2011, N 50, Art. 7364; 2014, N 11, Art. 1100; 2015, N 1, Art. 83) the following changes:
1) Article 1252 shall be supplemented with clause 5.1 of the following content:
"5.1. In the event that the copyright holder and the infringer of the exclusive right are legal entities and (or) individual entrepreneurs and the dispute is subject to the arbitration court, prior to filing a claim for damages or payment of compensation, it is necessary to present a claim by the rightholder.
A claim for damages or compensation may be filed in the event of a full or partial refusal to satisfy the claim or failure to receive an answer to it within thirty days from the date the claim is sent, unless another period is provided for by the contract.
The rightholder is not required to submit a claim prior to his presentation of the demand specified in subparagraphs 1, 2, 4 and 5 of paragraph 1 and paragraph 5 of this article. ";
2) Clause 1 of Article 1486 shall be stated in the following wording:
"1. Legal protection trademark may be terminated early in respect of all goods or part of goods for the individualization of which the trademark is registered, due to non-use of the trademark for a continuous period of three years.
An interested person who believes that the rightholder does not use the trademark in relation to all goods or a part of the goods for the individualization of which the trademark is registered, sends such rightholder a proposal to apply to the federal executive body for intellectual property with an application to waive the right to a trademark or to conclude an agreement with an interested person on the alienation of the exclusive right to a trademark in respect of all goods or a part of goods for the individualization of which the trademark is registered (hereinafter referred to as the proposal of the interested person). The proposal of the interested person is sent to the copyright holder, as well as to the address indicated in the State Register of Trademarks or in the corresponding register provided for by an international treaty of the Russian Federation.
The proposal of the interested person may be sent to the copyright holder not earlier than three years after the date of state registration of the trademark.
If, within two months from the date of sending the proposal of the interested person, the rightholder does not submit an application for waiver of the right to a trademark and does not conclude an agreement with the interested person on the alienation of the exclusive right to a trademark, the interested person has the right to apply to a court with a statement of claim for the early termination of legal protection of a trademark due to its non-use.
The new proposal of the interested person may be sent to the trademark right holder not earlier than after the expiration of three months from the date of sending the previous proposal of the interested person.
The decision on early termination of the legal protection of a trademark due to its non-use is made by the court in the event that the right holder of the trademark does not use the relevant goods for the individualization of which the trademark is registered, within three years immediately preceding the day the proposal of the interested party is sent to the right holder.
Legal protection of a trademark is terminated from the date of entry into force of the court decision. "
Introduce into the Arbitration Procedure Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, No. 30, Art. 3012; 2009, No. 29, Art. 3642; 2010, No. 18, Art. 2145; 2014, No. 26, Art. 3392; 2016 , N 1, Art. 29; N 10, Art. 1321; N 26, Art. 3889) the following changes:
1) Part 5 of Article 4 shall be stated in the following wording:
"5. Civil disputes on recovery Money on claims arising from contracts, other transactions, due to unjust enrichment, may be transferred to the arbitration court for permission after the parties take measures for pre-trial settlement after thirty calendar days from the date of the claim (demand), unless another period and (or) procedure is not established by law or contract.
Other disputes arising from civil relations are referred to the arbitration court for resolution after observing the pre-trial procedure for resolving the dispute only if such a procedure is established by federal law or agreement.
Economic disputes arising from administrative and other public legal relations may be referred to the arbitration court for resolution after observing the pre-trial procedure for resolving the dispute if such a procedure is established by federal law.
Compliance with the pre-trial procedure for resolving a dispute is not required in cases of establishing facts of legal significance, cases of awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to enforce a judicial act within a reasonable time, insolvency (bankruptcy) cases, corporate disputes , cases on the protection of the rights and legitimate interests of a group of persons, cases of order proceedings, cases related to the performance by arbitration courts of the functions of assistance and control in relation to arbitration courts, cases on the recognition and enforcement of decisions of foreign courts and foreign arbitral awards, as well as if otherwise is not provided by law, when applying to the arbitration court of the prosecutor, state bodies, local self-government bodies and other bodies in defense of public interests, rights and legitimate interests of organizations and citizens in the field of entrepreneurial and other economic activity (Articles 52, 53 of this Code). " ;
2) in Article 99:
a) part 5 shall be stated as follows:
"5. The arbitration court shall issue a ruling on securing property interests.
In the event that, at the request in connection with which an application for securing property interests has been filed, by virtue of the law, it is mandatory to comply with a claim or other pre-trial procedure for resolving a dispute, the definition sets a time limit for sending a claim (demand) to the other party, not exceeding fifteen days from the date the issuance of a ruling, and the period for filing a statement of claim on such a claim, not exceeding five days from the date of expiration of the period established by law or agreement for the parties to take measures for pre-trial settlement in accordance with part 5 of Article 4 of this Code. If specified order is not mandatory, the ruling establishes a period not exceeding fifteen days from the date of the ruling for filing a statement of claim at the request, in connection with which the court has taken measures to ensure the property interests of the applicant. ";
b) part 7 shall be stated in the following edition:
"7. The statement of claim is submitted by the applicant to the arbitration court, which issued a ruling on securing property interests, or another court. The applicant informs the arbitration court that issued the ruling on securing property interests, about the direction of the claim (demand), as well as about filing a statement of claim in another court.";
c) the first paragraph of part 8 shall be stated as follows:
"8. If the applicant has not submitted to the arbitration court, which issued a ruling on securing property interests, evidence of a claim (demand) or filing a statement of claim within the time period specified in the arbitration court’s ruling on securing property interests, the security shall be canceled by the same arbitration court."
The president
Russian Federation
Moscow Kremlin
By their legal nature, aerodrome territories and sanitary protection zones (SPZ) are similar. At the same time, according to legal logic, it seems that the SPZ referred to in the title of the law should also apply to airfields. However, the reciprocal linkage of Article 2 with the rest of the Articles of the Law under consideration, which are devoted to aerodrome territories, is not traced. Moreover, the legal nature and meaning of establishing a sanitary protection zone for aerodromes becomes incomprehensible, when all issues are better resolved within the framework of the regime of the aerodrome territory.
But if we assume that this law has a double name, separately about the aerodrome territory, as regards only airfields, separately about the SPZ, regardless of the aerodrome issue, then why is this norm hidden between the articles on the aerodrome territories? Why article 2 of the law in question changes the title of article 12 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" so that it concerns not only urban and rural settlements, but was simply called "sanitary and epidemiological requirements for planning and development "(previously the article was called" sanitary and epidemiological requirements for the planning and development of urban and rural settlements ")? More and more surprises are presented to us by the legislator in terms of legal techniques.
In addition to the changed name, Article 12 also acquired a new paragraph in clause 2: “The procedure for establishing sanitary protection zones and using land plots located within the boundaries of sanitary protection zones, approved by the Government of the Russian Federation. ".
Actually, this is a fairly significant point. Isn't that why they hid him like that?
Although this rule began to operate on September 30, 2017, the Procedure itself is still not approved by the Government of the Russian Federation. Thus, at the present time, another gap has been formed. It is resolved according to the principle - we live as we lived until the appropriate act is adopted. It is good if this principle is reflected in the norm of the law - either the entry into force of this norm, which is not supported by a bylaw, is postponed, or the next law introduces a norm that until the expected event occurs, we live according to the previous legal relations. In this case, so far we do not have this, in connection with which, if desired, you can live as you lived if Rospotrebnadzor adheres to the same opinion, or do nothing, and in case of a claim, argue in court that at present the procedure for establishing sanitary protection zones and use of land plots located within the boundaries of sanitary protection zones is absent.
In principle, Rospotrebnadzor itself can stop the process of establishing SPZ for the same reason that now it does not have the authority to do so until the expected order comes out.
The disaster will be warned on the radio, pensions will begin to come to the Mir card, and the minimum wage will approach the cost of living
July 1
the federal law dated May 1, 2017 No. 88-FZ "On Amendments to Article 16-1 of the Law of the Russian Federation" On Protection of Consumer Rights "and the Federal Law" On the National Payment System "
From July 1, 2017, state employees or retirees who applied for opening a new account will be issued Mir cards. Issuance and maintenance of cards for pensioners will be free of charge.
Existing state employees will be transferred to the national payment system from July 1, 2018. Pensioners will be issued Mir cards as soon as their payment cards expire.
Until July 1, 2017, Russian banks must ensure that Mir cards are accepted in all devices used for payments using payment cards, including ATMs.
Federal Law of December 19, 2016 No. 460-FZ "On Amendments to Article 1 of the Federal Law" On the Minimum Wage "
From July 1, 2017, the minimum wage will increase by 4% and will amount to 7,800 rubles per month.
Federal Law No. 87-FZ of May 1, 2017 "On Amendments to the Federal Law" On Information, Information Technologies and Information Protection "and Certain Legislative Acts of the Russian Federation"
The activities of audiovisual Internet services aimed at the Russian consumer have been regulated. In particular, it provides for the maintenance of a register of such services. Roskomnadzor will be responsible for its creation and maintenance.
It has been established that only a Russian legal entity, or a Russian who does not have citizenship of another state, can own such an audiovisual service.
In addition, the ban on the use of the audiovisual service for the purpose of committing criminal acts, for the disclosure of information constituting state or other secrets specially protected by law, for the dissemination of materials containing public calls for terrorist activities or publicly justifying terrorism, other extremist materials, materials promoting pornography and other information prohibited in the Russian Federation.
The requirements of this law do not apply to audiovisual services that provide access primarily to user-generated content, search engines and information resources that are registered as online publications.
Federal Law of March 28, 2017 No. 37-FZ "On Amendments to the Federal Law" On Weapons "
The heads of state paramilitary organizations received the right to transfer certain models of combat edged bladed weapons (daggers) to citizens of the Russian Federation who were dismissed from military service with the right to wear uniforms and do not have medical contraindications to owning weapons, for life storage and wearing with military uniforms. The transfer procedure is established by the Government of the Russian Federation.
The procedure for the inheritance of daggers and the procedure for their registration, transferred and inherited before the entry into force of the Federal Law, is also established.
A number of provisions of the Federal Law of July 3, 2016 No. 372-FZ "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"
The federal law is aimed at improving the self-regulation system in the construction industry.
Clarifies the requirements for a non-profit organization necessary for them to acquire the status of a self-regulatory organization (SRO), to its standards and internal documents, the procedure for admitting and terminating membership in an organization, as well as the specifics of the SROs exercising control over the activities of their members and applying disciplinary measures to them. Cases have been identified when the membership of legal entities and individual entrepreneurs performing work in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul objects capital construction in SRO is required.
In addition, requirements have been introduced for specialists in the organization of engineering surveys, architectural and construction design and construction. A procedure has been established for compensation for damage caused as a result of non-fulfillment or improper fulfillment by a SRO member of obligations under a work contract for the performance of engineering surveys, preparation of project documentation, a construction contract concluded using competitive methods of concluding a contract.
Federal Law of June 23, 2016 N 202-FZ "On Amendments to the Federal Law" On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Restricting the Consumption (Drinking) of Alcoholic Products "and the Code of Administrative Offenses of the Russian Federation
Administrative responsibility is introduced for the retail sale of alcoholic beverages in polymer consumer containers with a volume of more than 1.5 liters. This offense entails the imposition of an administrative fine on officials in the amount of 100 thousand to 200 thousand rubles with or without confiscation of the objects of the administrative offense; for legal entities - from 300 thousand to 500 thousand rubles with or without confiscation of objects of an administrative offense.
Federal Law of February 7, 2017 No. 13-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses"
"On Amendments to the Federal Law" On the Use of Cash Register Equipment in the Implementation of Cash Payments and (or) Payments Using Payment Cards "and Certain Legislative Acts of the Russian Federation"
From July 1, 2017, organizations and individual entrepreneurs are required to use only cash registers that transmit information about cash payments to the tax authorities online.
A number of provisions of the Federal Law of March 7, 2017 No. 25-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation"
Not only the most important and vital, but also all medical devices according to the list approved by Decree of the Government of the Russian Federation of September 30, 2015 No. 1042 are exempted from VAT. For other medical devices, a preferential VAT rate of 10% is applied.
A number of provisions of the Federal Law of November 30, 2016 No. 401-FZ "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"
Taxpayers whose obligation to pay VAT is secured by a surety have the right to apply a declarative procedure for tax refund. The requirements have been established to which such a surety must meet. It has been established that the term of the surety agreement must expire no earlier than 10 months from the date of filing the tax return, in which the amount of tax to be refunded is declared, and must be no more than 1 year from the date of the conclusion of the surety agreement.
Federal Law of May 1, 2017 N 86-FZ "On Amendments to Article 13 of the Federal Law" On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity "and Articles 59 and 78 of the Federal Law" On the Fundamentals of Health Protection of Citizens in Russian Federation"
It is possible to issue a certificate of incapacity for work in the form of an electronic document.
A bulletin signed using a strengthened qualified electronic signature will be generated and posted in an automated information system and will have equal legal force with a certificate of incapacity for work issued on paper.
The procedure for information interaction between the insurer, policyholders, medical organizations and federal state institutions of medical and social expertise for the exchange of information in order to form a certificate of incapacity for work in the form of an electronic document will be established by the Government of the Russian Federation.
Federal Law of February 7, 2017 No. 13-FZ "On Amendments to the Code of Administrative Offenses of the Russian Federation"
Administrative liability for violation of the legislation of the Russian Federation in the field of personal data is being tightened.
The list of offenses has been expanded and the amount of fines has been increased.
A number of provisions of the Federal Law of June 2, 2016 No. 172-FZ "On Amendments to Certain Legislative Acts of the Russian Federation"
The procedure for conducting a qualification exam in the field of appraisal activity and the procedure for issuing a qualification certificate are being clarified. In addition, the rights and obligations of the customer of the assessment have been adjusted.
A number of provisions of the Federal Law of July 3, 2016 No. 360-FZ "On Amendments to Certain Legislative Acts of the Russian Federation"
From July 1, limited liability companies, at their discretion, can shift the function of maintaining the list of participants in the company to a notary. The list of participants by notaries will be maintained by notaries in the Unified Information System of Notaries.
"On Amendments to the Federal Law" On the Development of Small and Medium-Sized Businesses in the Russian Federation "and Certain Legislative Acts of the Russian Federation"
List of conditions for assignment joint stock company to small and medium-sized businesses (SMEs) is supplemented with a condition on the maximum share of participation of other organizations in their capital. For example, shareholders, including Russia, constituent entities of the Russian Federation, municipalities, public and religious organizations, charitable foundations, etc., can own no more than 25% of the voting shares of a joint-stock company, and shareholders are foreign legal entities and / or legal entities. persons who are not SMEs - no more than 49% of voting shares.
A number of provisions of the Federal Law of July 3, 2016 N 261-FZ "On Amendments to the Federal Law" On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Restricting the Consumption (Drinking) of Alcoholic Products " Federation "
From July 1, 2017, mandatory state registration of the main technical equipment for the production of ethyl alcohol is introduced. In addition, the retail sale of ethyl alcohol in pharmacies is prohibited, and alcoholic and alcohol-containing products made using the pharmaceutical substance of ethyl alcohol (ethanol) are withdrawn from illegal circulation.
Federal Law of July 3, 2016 No. 372-FZ "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"
Clarifies the requirements for a non-profit organization necessary for them to acquire the status of a self-regulatory organization (SRO), to its standards and internal documents, the procedure for admitting and terminating membership in an organization, as well as the specifics of the SROs exercising control over the activities of their members and applying disciplinary measures to them.
Cases are established in which membership in an SRO in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities is mandatory, as well as cases in which such membership is not required.
"On Amendments to the Federal Law" On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation "and Certain Legislative Acts of the Russian Federation"
A unified register of developers is being created, which is a state information resource. The composition of information and the procedure for maintaining it are established by the Government of the Russian Federation.
It has been established that only those developers whose authorized (pooled) capital has been fully paid up can attract equity holders' funds. Also, the dependence of the minimum size of the authorized capital of a developer on the area of all shared construction objects erected by him has been determined.
A number of provisions of the Federal Law of July 3, 2016 No. 358-FZ "On amendments to certain legislative acts of the Russian Federation in terms of improving state regulation in the field of genetic engineering"
Administrative liability is introduced for violation of the legislation of the Russian Federation in the field of genetic engineering.
Decree of the President of the Russian Federation of April 17, 2017 No. 171 "On Monitoring and Analysis of the Results of Consideration of Applications of Citizens and Organizations"
The Administration of the President of the Russian Federation is entrusted with the authority to monitor and analyze the results of consideration of applications from citizens and organizations sent to authorities and state (municipal) institutions, public initiatives posted on the Internet resource "Russian Public Initiative", as well as analysis of measures taken on them ...
Order of the Government of the Russian Federation of November 19, 2016 No. 2464-r "On the approval of indices of changes in the amount of payments made by citizens for utilities on average for the constituent entities of the Russian Federation for 2017 "
Decree of the Government of the Russian Federation of May 12, 2017 No. 563 "On the procedure and grounds for concluding contracts, the subject of which is the simultaneous execution of design, construction and commissioning of capital construction facilities, and on amending some acts of the Government of the Russian Federation"
The Rules for the conclusion of contracts come into force, the subject of which is the simultaneous execution of design, construction and commissioning of capital construction projects. In particular, it has been established that a contract is concluded if there is: a conclusion based on the results of a technological and price audit, a justification of investments in a project to create an object and a decision to conclude a contract adopted by the Government of the Russian Federation or the main manager of federal budget funds.
Resolution of the Government of the Russian Federation of May 25, 2017 No. 625 "On Amendments to Appendices No. 1 and 2 to the Resolution of the Government of the Russian Federation No. 1137 of December 26, 2011"
A new line is included in the invoice and adjustment invoice forms, which indicates the identifier of the state contract for the supply of goods (performance of work, provision of services), agreement (agreement) on the provision of subsidies, budget investments, contributions to the authorized capital from the federal budget to the legal entity ( in the presence of).
Resolution of the Government of the Russian Federation of April 27, 2017 No. 498 "On requirements for banks that are entitled to open escrow accounts for settlements under contracts for participation in shared construction"
Requirements have been established for banks that have the right to open escrow accounts for settlements under an agreement for participation in shared construction. In particular, they must have a general license, and the size of their own funds (capital) must be more than 25 billion rubles.
Decree of the Government of the Russian Federation of December 30, 2016 N 1558 "On Amending the Decree of the Government of the Russian Federation of December 17, 2013 N 1177"
For the organized transportation of a group of children, only a bus can be used, from the year of production of which no more than 10 years have passed.
5'th of July
Resolution of the Government of the Russian Federation of May 27, 2017 No. 644 "On Amendments to the Regulation on the Ministry of Industry and Trade of the Russian Federation"
The list of powers exercised by the Ministry of Industry and Trade of Russia has been expanded. They, in particular, include the compulsory certification of specialists of experimental aviation personnel with the participation of experimental aviation organizations; adoption of federal aviation regulations.
Federal Law of July 3, 2016 No. 291-FZ "On Amendments to the Air Code of the Russian Federation"
Quadrocopters weighing 250 grams or more are subject to mandatory registration. Also, specialists of the aviation personnel of experimental aviation are required to undergo compulsory certification.
July 8
Federal Law of June 7, 2017 No. 110-FZ "On Amendments to Article 66 of the Federal Law" On Communications "and Article 35 of the Law of the Russian Federation" On Funds mass media»
Telecommunications operators are obliged to ensure the broadcasting of warning signals and emergency information about dangers arising from the threat or occurrence of natural and man-made emergencies, as well as during the conduct of hostilities or as a result of these actions, on the rules of behavior of the population and the need for measures to protection. At the same time, it was found that telecom operators inform the population about emerging threats free of charge.
Similar responsibilities are imposed on the editorial offices of the media, which, upon request from the executive authorities and local self-government bodies, are obliged to broadcast or publish the specified emergency information immediately and free of charge, depending on the form of dissemination of the media.
Introduce the following changes into the Air Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 12, Art. 1383; 2004, No. 35, Art. 3607; 2007, No. 50, Art. 6245; 2015, No. 29, Art. 4380) :
1) Article 46 shall be declared invalidated;
2) Article 47 shall be stated in the following edition:
"Article 47. Aerodrome territory
1. The aerodrome territory is established by a decision of the federal executive body authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the long-term development of the airport and to eliminate the negative impact of the aerodrome equipment and aircraft flights on human health and environment in accordance with this Code, land legislation, legislation on urban planning activities, taking into account the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population.
The decision specified in the first paragraph of this clause establishes restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities in accordance with this Code (hereinafter - restrictions on the use of real estate objects and activities) on the aerodrome territory.
2. The aerodrome territory is a zone with special conditions for the use of territories.
3. On the aerodrome territory, the following subzones may be distinguished, in which restrictions on the use of real estate objects and the implementation of activities are established:
1) the first subzone in which it is prohibited to place objects that are not intended for organizing and servicing air traffic and air transportation, ensuring takeoff, landing, taxiing and parking of aircraft;
2) the second subzone, in which it is prohibited to place objects that are not intended for servicing passengers and handling baggage, cargo and mail, servicing aircraft, storing aviation fuel and refueling aircraft, providing power supply, as well as objects not related to the airport infrastructure;
3) the third subzone, in which it is prohibited to locate objects, the height of which exceeds the limits established by the federal executive body authorized by the Government of the Russian Federation when establishing the corresponding aerodrome territory;
4) the fourth subzone, in which it is prohibited to place objects that interfere with the operation of ground objects of facilities and systems for air traffic services, navigation, landing and communications, intended for air traffic management and located outside the first subzone;
5) the fifth subzone, in which it is prohibited to locate hazardous production facilities, the functioning of which may affect the safety of aircraft flights;
6) the sixth subzone, in which it is prohibited to place objects that contribute to the attraction and mass gathering of birds;
7) the seventh subzone, in which, due to the excess of the level of noise, electromagnetic effects, concentrations of pollutants in the atmospheric air, it is prohibited to place objects, the types of which, depending on their functional purpose, are determined by the federal executive body authorized by the Government of the Russian Federation when establishing the appropriate aerodrome territory, taking into account the requirements legislation in the field of ensuring the sanitary and epidemiological well-being of the population, unless otherwise established by federal laws.
4. The procedure for the establishment of the aerodrome territory and the procedure for the allocation of sub-zones on the aerodrome territory in which restrictions on the use of real estate objects and activities are established shall be approved by the Government of the Russian Federation.
Establishment of the aerodrome territory for structures intended for take-off, landing, taxiing and parking of aircraft (hereinafter referred to as the aerodrome structures) and planned for construction, reconstruction, is carried out in accordance with the main characteristics of aerodrome structures contained in the territorial planning schemes of the Russian Federation, territorial planning schemes constituent entities of the Russian Federation, master plans of cities of federal significance Moscow, St. Petersburg and Sevastopol and documentation on the planning of the territory.
5. In architectural and construction design for the purpose of construction, reconstruction of aerodrome structures, a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an aerodrome territory is prepared by the developer who is constructing the aerodrome structures. The specified draft decision is approved by the federal executive body authorized by the Government of the Russian Federation in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision, on the compliance of the said draft decision with the requirements of the legislation in the field of ensuring the sanitary and epidemiological well-being of the population. The said draft decision is also subject to approval by the supreme executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of which the aerodrome territory is fully or partially located (in terms of the compliance of the said draft decision, the allocation of subzones on the aerodrome territory, the establishment in such subzones of restrictions on the use of real estate and implementation activities, the procedure for describing the location of the boundaries of the aerodrome territory and the procedure for allocating subzones on the aerodrome territory in which restrictions on the use of real estate objects and activities are established), taking into account the conclusions of the authorized bodies of local self-government of municipalities, within the territory of which the aerodrome territory is fully or partially located, containing calculations the amount of damage subject to compensation to citizens, legal entities and public law entities in connection with restrictions on the execution the use of real estate objects and the implementation of activities installed on the aerodrome territory. Approval of the said draft decision or refusal to approve it shall be submitted to the federal executive bodies authorized by the Government of the Russian Federation within thirty days from the date of receipt of the said draft decision by the supreme executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit approval of the said draft decision or failure to submit a refusal to approve it within the specified time period, the specified draft decision shall be deemed agreed. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation upon approval of the said draft decision shall be approved by the Government of the Russian Federation.
6. With respect to a co-based aerodrome or a co-use aerodrome, the decision to establish a near aerodrome territory is approved by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive bodies that are allowed to co-base at the aerodrome or which carry out joint use of the aerodrome.
7. In the event that violations of the restrictions on the use of real estate objects and activities established in the land use and development rules of a settlement, urban district, inter-settlement territory are revealed, the operator of the civil aviation aerodrome or the organization operating the experimental aviation aerodrome or authorized by the federal executive body shall be in charge of of which the airfield of state aviation is located, are obliged to prepare an opinion on the violation of restrictions on the use of real estate objects and the implementation of activities established on the aerodrome territory and send it to the federal executive body authorized by the Government of the Russian Federation.
The federal executive body authorized by the Government of the Russian Federation, within ten days from the date of receipt of the conclusion on the violation of the restrictions on the use of real estate objects and activities established on the aerodrome territory, is obliged to send to the local self-government body of the relevant municipality an order to eliminate violations of the restrictions on the use of real estate objects established on the aerodrome territory and the implementation of activities that are allowed in the rules of land use and development of a settlement, urban district, inter-settlement area, including the demolition of an unauthorized building. Such an order may be appealed against by the local self-government body of the relevant municipality in court.
The federal executive body authorized by the Government of the Russian Federation is obliged to notify the supreme executive body of state power of the constituent entity of the Russian Federation, on the territory of which the corresponding municipality is located, of violations of restrictions on the use of real estate objects and activities established on the aerodrome territory, which are allowed in the rules of land use and settlement development, urban district, inter-settlement area.
8. The developer, who carries out the construction of the aerodrome facilities, shall compensate for the damage caused to citizens, legal entities and public-law entities in connection with the restrictions on the use of real estate objects and the implementation of activities established on the aerodrome territory. "
Introduce into Article 12 of the Federal Law of March 30, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population" (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2006, No. 52, Art. 5498; 2011, No. 30, Art. 4563, 4596; 2014, No. 26, Art. 3377) the following changes:
1) exclude the words “urban and rural settlements” in the name;
2) clause 2 shall be supplemented with the following paragraph:
"The procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of sanitary protection zones is approved by the Government of the Russian Federation."
Introduce into the Urban Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 16; 2006, No. 1, Art. 21; No. 52, Art. 5498; 2008, No. 29, Art. 3418; No. 30, Art. . 3604, 3616; 2009, No. 48, Art. 5711; 2010, No. 48, Art. 6246; 2011, No. 13, Art. 1688; No. 17, Art. 2310; No. 27, Art. 3880; No. 30, Art. 4563, 4572, 4591, 4594; No. 49, Art. 7015, 7042; 2012, No. 31, Art. 4322; No. 47, Art. 6390; No. 53, Art. 7614, 7619, 7643; 2013, No. 9, Art. 873; No. 14, Art. 1651; No. 43, Art. 5452; No. 52, Art. 6983; 2014, No. 14, Art. 1557; No. 19, Art. 2336; No. 26, Art. 3377; No. 42 , Art. 5615; No. 43, Art. 5799; No. 48, Art. 6640; 2015, No. 1, Art. 9, 11, 86; No. 29, Art. 4342; No. 48, Art. 6705; 2016, No. 1 , Art. 79; No. 27, Art. 4248, 4294, 4301, 4302, 4303, 4305, 4306; No. 52, Art. 7494) the following changes:
1) clause 4 of Article 1, after the words "zones of protected objects," shall be supplemented with the words "near aerodrome territory,";
2) Article 30 shall be supplemented with parts 7 and 8 as follows:
"7. The approved rules for land use and development of a settlement, an urban district, an inter-settlement territory are not applied in the part that contradicts the restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established on the aerodrome territory, within the boundaries of which it is fully or partially located the aerodrome territory established in accordance with the Air Code of the Russian Federation (hereinafter referred to as restrictions on the use of real estate objects established on the aerodrome territory).
8. The term for bringing the approved rules of land use and development in line with the restrictions on the use of real estate objects established on the aerodrome territory may not exceed six months. ”;
3) in Article 31:
a) part 3 shall be supplemented with the following sentence: "In the event that the rules of land use and development are brought in line with the restrictions on the use of real estate objects established on the aerodrome territory, public hearings will not be held.";
b) supplement with part 7.1 of the following content:
"7.1. In the event that the rules of land use and development are brought into line with the restrictions on the use of real estate objects established at the aerodrome territory, the publication of a decision on the preparation of a draft amendment to the rules of land use and development is not required. ";
c) supplement with parts 8.2 and 8.3 as follows:
"8.2. The draft rules for land use and development, prepared in relation to the territory of the municipality, within the boundaries of which the aerodrome territory is fully or partially located, no later than ten days after the date of the decision to hold public hearings on such a project in accordance with part 11 of this article, shall be sent to the federal executive body authorized by the Government of the Russian Federation.
8.3. The federal executive body authorized by the Government of the Russian Federation, in the event that the draft rules for land use and development contradict the restrictions on the use of real estate objects established on the aerodrome territory, no later than ten days after the date of receipt of the draft rules for land use and development, shall send to the local self-government body of the relevant municipal formation of an order to bring the draft rules for land use and development in line with the restrictions on the use of real estate objects established on the aerodrome territory, which is subject to mandatory execution when approving the rules for land use and development. The said order may be appealed against by the local self-government body of the relevant municipality in court. ”;
d) part 15 shall be supplemented with the words ", except for the cases when they are not required in accordance with this Code";
4) in Article 32:
a) in part 1, the second sentence shall be supplemented with the words ", except for the cases when they are not required in accordance with this Code";
b) supplement with part 3.1 of the following content:
"3.1. The approved rules for land use and development are subject to placement in the federal state information system of territorial planning no later than ten days from the date of approval of these rules. In the event that the aerodrome territory established in accordance with the Air Code of the Russian Federation is fully or partially located within the boundaries of a municipal formation, the local government body of such a municipal formation no later than five days after the date of placement of the approved rules of land use and development in the federal state information system of the territorial planning notifies in electronic form and (or) by mail, the federal executive body authorized by the Government of the Russian Federation on the placement of these rules in the federal state information system of territorial planning. ";
5) in Article 33:
a) part 2 shall be supplemented with clause 1.1 as follows:
"1.1) receipt from the federal executive body authorized by the Government of the Russian Federation, binding within the time limits established by the legislation of the Russian Federation, orders to eliminate violations of restrictions on the use of real estate objects established on the aerodrome territory, which are allowed in the rules of land use and development of a settlement, urban district, inter-settlement territory; ";
b) supplement with part 4.1 of the following content:
"4.1. The project on amendments to the rules of land use and development, providing for bringing these rules in line with the restrictions on the use of real estate, established on the aerodrome territory, is not subject to consideration by the commission. ";
c) supplement with part 6 of the following content:
"6. The head of the local administration, upon receipt of the order specified in clause 1.1 of part 2 of this article from the federal executive body authorized by the Government of the Russian Federation, is obliged to make a decision on amending the rules for land use and development. The order specified in clause 1.1 of part 2 of this article may be appealed by the head of the local administration in court. ”;
6) Article 40 shall be supplemented with part 8 of the following content:
"eight. Granting permission to deviate from the limit parameters of the permitted construction, reconstruction of capital construction facilities is not allowed if such a deviation does not comply with the restrictions on the use of real estate objects established on the aerodrome territory. ";
7) in Article 51:
a) part 3 shall be supplemented with the words ", as well as in case of inconsistency of the project documentation of capital construction objects with the restrictions on the use of real estate objects established on the aerodrome territory";
b) supplement with parts 12.1 and 12.2 as follows:
"12.1. The federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body or an authorized organization carrying out public administration the use of atomic energy and public administration in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities "Roscosmos", within ten days from the date of issuance of a construction permit to the developer within the boundaries of the aerodrome territory a copy of such permission to the federal executive body authorized by the Government of the Russian Federation.
12.2. The federal executive body authorized by the Government of the Russian Federation shall, within thirty days, verify the compliance of the issued building permit with the restrictions on the use of real estate objects established on the aerodrome territory, and in the event of a violation of the restrictions on the use of real estate objects established on the aerodrome territory, it shall send to the federal executive body, an executive body of a constituent entity of the Russian Federation, a local self-government body or an authorized organization exercising state control over the use of atomic energy and state administration in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, or the State Corporation for Space Activities " Roscosmos "order to terminate the construction permit.";
c) part 21.1 shall be supplemented with clause 1.1 of the following content:
"1.1) receipt of a prescription from the federal executive body authorized by the Government of the Russian Federation to terminate the construction permit on the basis of inconsistency of the construction permit with the restrictions on the use of real estate objects established on the aerodrome territory;".
1. Prior to the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), federal executive bodies authorized by the Government of the Russian Federation, no later than within thirty days from the date of official publication of this Federal Law, must post on their official websites in the information and telecommunication network "Internet" a description of the location of the boundaries of the aerodrome territories, information about which was entered in the state real estate cadastre before January 1, 2016, in order to coordinate the placement within the boundaries of the aerodrome territories of the objects specified in this article, without entering information about the boundaries of the aerodrome territories to the Unified State Register of Real Estate. The publication of this information is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets.
2. Until the day of this Federal Law, the federal executive bodies authorized by the Government of the Russian Federation in the absence of the description of the location of the boundaries of aerodrome territories in the state cadastre of real estate specified in this article on January 1, 2016, must approve the maps (schemes) available on the day of the official publication of this Federal Law , on which the boundaries of the strips of air approaches at experimental aviation airfields, state aviation airfields, civil aviation airfields, the boundaries of the sanitary protection zones of airfields are displayed, and also place these maps (diagrams) on the website of the federal executive body authorized by the Government of the Russian Federation in the information and telecommunication the Internet in order to coordinate the placement within such boundaries of the objects specified in this article, without entering information about such boundaries in the Unified State Register of Real Estate. The indicated maps (diagrams) are subject to agreement with the supreme executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of which the aerodrome territory is fully or partially located (in terms of the compliance of the description of the location of the boundaries of the air approach strips at aerodromes, the description of the location of the boundaries of the sanitary protection zones of airfields and restrictions use of land plots and (or) real estate objects located on them and the implementation of economic and other activities within such boundaries to the established requirements). The approval of these maps (schemes) or refusal to approve them is subject to submission to the specified federal executive bodies within thirty days from the date of receipt of the draft maps (schemes) in the supreme executive bodies of state power of the constituent entities of the Russian Federation. In case of failure to submit the approval of the indicated cards (schemes) or failure to submit a refusal to approve them within the specified time period, the indicated cards (schemes) are considered agreed. The procedure for resolving disagreements arising between the highest executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation when approving the projects of these maps (schemes) is approved by the Government of the Russian Federation.
3. Prior to the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), architectural and construction design, construction, reconstruction of capital construction facilities, placement of radio engineering and other facilities that may threaten the safety of aircraft flights, render negative impact on human health and the environment, interfere with the operation of radio equipment installed at the aerodrome, radar and radio navigation facilities intended to support aircraft flights, within the boundaries of the aerodrome areas specified in this article or the aerodrome approach strips specified in this article, sanitary protection zones of airfields should be carried out subject to agreement on the placement of these facilities within a period of not more than thirty days:
1) with the organization operating the experimental aviation aerodrome - for the experimental aviation aerodrome;
2) with an organization authorized by the federal executive body in charge of the state aviation airfield - for the state aviation airfield;
3) with the federal executive body in charge of providing state services and managing state property in the field of air transport (civil aviation) - for a civil aviation airfield. In case of failure to submit an agreement on the placement of these objects or failure to submit a refusal to agree on their placement within the specified time period, the placement of the object is considered to be agreed.
4. The approval specified in this article is carried out in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision, on the compliance of the placement of the objects specified in part 3 of this article with the requirements of the legislation in the field of ensuring the sanitary and epidemiological well-being of the population issued within thirty days from the date of receipt of the application to this federal executive body.
5. Upon the expiration of three hundred and sixty days from the date of the official publication of this Federal Law, a violation of the requirements of the Air Code of the Russian Federation on the establishment of aerodrome territories and the corresponding restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities and the operation of such an airfield are recognized violation of safety requirements for aircraft flights.
6. The highest executive body of state power of a constituent entity of the Russian Federation shall have the right to apply to the Government of the Russian Federation with a proposal to suspend air traffic at an aerodrome if, after three hundred and sixty days from the date of the official publication of this Federal Law, the federal executive body authorized by the Government of the Russian Federation has not established the corresponding aerodrome territory.
7. With respect to aerodromes commissioned prior to the date of this Federal Law:
1) before the establishment of aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, established prior to the date of this Federal Law, restrictions the use of land plots and (or) the real estate objects located on them and the implementation of economic and other activities established within the boundaries of the aerodrome territories indicated in this article or the aerodrome strips indicated in this article at airfields, sanitary protection zones of airfields, zones of sanitary breaks of airfields, do not apply to capital construction projects, architectural and construction design, construction, reconstruction of which is agreed by the owner of the relevant airfield and (or) an authorized government body that carries out full the views of the owner of the relevant aerodrome, as well as in relation to land plots and (or) real estate objects located on them, the rights to which arose from citizens or legal entities before the date of entry into force of this Federal Law, unless these restrictions are established in order to ensure aircraft flight safety. Losses caused to public law entities in connection with the established restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities are not subject to compensation;
2) a draft decision of the federal executive body authorized by the Government of the Russian Federation on the establishment of an aerodrome territory, including, inter alia, the establishment of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, is prepared by the aerodrome operator and approved by the authorized Government of the Russian Federation Federation by the federal executive body in the presence of a positive sanitary and epidemiological conclusion of the federal executive body exercising federal state sanitary and epidemiological supervision on the compliance of this draft decision with the requirements of the legislation in the field of ensuring the sanitary and epidemiological well-being of the population in agreement with the supreme executive bodies of state power of the constituent entities of the Russian Federation Federations, within the boundaries of the territories of which the aerodro is located in whole or in part large territory (in terms of the compliance of this draft decision, the allocation of subzones on the aerodrome territory, the establishment in such subzones of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities to the procedure for describing the location of the boundaries of the aerodrome territory, the procedure for allocation at the aerodrome the territories of the subzones in which these restrictions are established), carried out taking into account the conclusions of the authorized bodies of local self-government of municipalities, within the boundaries of which the aerodrome territory is fully or partially located, containing the calculation of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with the establishment of restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities. Approval of this draft decision or refusal to approve it shall be submitted to the federal executive bodies authorized by the Government of the Russian Federation within thirty days from the date of receipt of this draft decision by the supreme executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit the approval of this draft decision or failure to submit a refusal to approve it within the specified time period, this draft decision is considered agreed. The procedure for resolving disagreements arising between the supreme executive bodies of state power of the constituent entities of the Russian Federation and the federal executive bodies authorized by the Government of the Russian Federation upon approval of this draft decision shall be approved by the Government of the Russian Federation;
3) the establishment of the aerodrome territory is carried out in accordance with the main characteristics of structures intended for take-off, landing, taxiing and parking of aircraft, contained in the aeronautical passport of the civil aviation aerodrome, instructions for operating flights in the area of the state aviation aerodrome or experimental aviation aerodrome;
4) the aerodrome operator compensates for the damage caused to citizens and legal entities when their rights to land and (or) real estate objects located on them, which arose before the date of this Federal Law, except for cases of unauthorized construction, in connection with the establishment of previously not established restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, including when establishing the aerodrome territory in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law), except for the cases provided for in this part. Losses caused to public law entities in connection with the established restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities are not subject to compensation. If the operator of the aerodrome and the operator of the airport, which includes the relevant aerodrome, are different persons, the distribution between them of the amount of this damage subject to compensation is determined by an agreement between them. In the event that such an agreement is not concluded, the aerodrome operator and the airport operator are obliged to compensate this damage jointly and severally;
5) restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities established in the seventh subzone of the aerodrome territory when establishing aerodrome territories in the manner prescribed by the Air Code of the Russian Federation (as amended by this Federal Law) do not apply in relation to land plots and (or) real estate objects located on them, the rights to which arose from citizens or legal entities prior to the date of this Federal Law;
6) at the expense of the corresponding budget of the budgetary system of the Russian Federation, the damage caused to citizens and legal entities is compensated for when their rights to land plots and (or) real estate objects located on them are limited, which arose before the day of this Federal Law, except for cases of unauthorized construction, in connection with the establishment, in order to ensure the safety of aircraft flights, restrictions on the use of land plots and (or) real estate objects located on them and the implementation of economic and other activities, if the use of such land plots and (or) real estate objects located on them was agreed by the authorized by the Government of the Russian Federation by federal executive bodies, authorized bodies of state power of the constituent entities of the Russian Federation, which exercised the powers of the owners of the respective aerodromes.
1. This Federal Law shall enter into force on the day of its official publication, with the exception of provisions for which this article establishes a different date for their entry into force.
2.,, and this Federal Law shall enter into force upon the expiration of ninety days after the day of the official publication of this Federal Law.
| President of Russian Federation | V. Putin |
Document overview
The Air and Urban Planning Codes of the Russian Federation, the Law on the Sanitary and Epidemiological Welfare of the Population have been corrected.
It is stipulated that the aerodrome territory is established by the federal authority authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the long-term development of the airport and exclude the negative impact of the aerodrome equipment and aircraft flights on human health and the environment.
On the territory, 7 subzones can be allocated, in which restrictions on the use of land plots and the implementation of economic and other activities are established. The procedure for the allocation of subzones is approved by the Government of the Russian Federation.
The draft rules for land use and development, prepared in relation to the territory of the municipality, within the boundaries of which the aerodrome territory is located in whole or in part, is sent to the federal authority authorized by the Government of the Russian Federation for approval.
It is also provided that the procedure for establishing sanitary protection zones and the use of land plots located within the boundaries of these zones is approved by the Government of the Russian Federation.
The amendments enter into force on the day of their official publication, with the exception of certain provisions for which a different period is provided.
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN ARTICLES 1252 AND 1486 OF PART FOUR OF THE CIVIL CODE
RUSSIAN FEDERATION AND ARTICLES 4 AND 99 ARBITRATION
OF THE PROCESS CODE OF THE RUSSIAN FEDERATION
The State Duma
Federation Council
Introduce into part four of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, N 52, Art. 5496; 2011, N 50, Art. 7364; 2014, N 11, Art. 1100; 2015, N 1, Art. 83) the following changes:
1) Article 1252 shall be supplemented with clause 5.1 of the following content:
"5.1. In the event that the copyright holder and the infringer of the exclusive right are legal entities and (or) individual entrepreneurs and the dispute is subject to the jurisdiction of the arbitration court, prior to filing a claim for damages or payment of compensation, it is necessary for the copyright holder to file a claim.
A claim for damages or compensation may be filed in the event of a full or partial refusal to satisfy the claim or failure to receive an answer to it within thirty days from the date the claim is sent, unless another period is provided for by the contract.
The rightholder is not required to submit a claim prior to his presentation of the demand specified in subparagraphs 1, 2, 4 and 5 of paragraph 1 and paragraph 5 of this article. ";
2) Clause 1 of Article 1486 shall be stated in the following wording:
"1. Legal protection of a trademark may be terminated early in relation to all goods or part of goods for the individualization of which the trademark has been registered, due to non-use of the trademark for a continuous period of three years.
An interested person who believes that the rightholder does not use the trademark in relation to all goods or a part of the goods for the individualization of which the trademark is registered, sends such rightholder a proposal to apply to the federal executive body for intellectual property with an application to waive the right to a trademark or to conclude an agreement with an interested person on the alienation of the exclusive right to a trademark in respect of all goods or a part of goods for the individualization of which the trademark is registered (hereinafter referred to as the proposal of the interested person). The proposal of the interested person is sent to the copyright holder, as well as to the address indicated in the State Register of Trademarks or in the corresponding register provided for by an international treaty of the Russian Federation.
The proposal of the interested person may be sent to the copyright holder not earlier than three years after the date of state registration of the trademark.
If, within two months from the date of sending the proposal of the interested person, the rightholder does not submit an application for waiver of the right to a trademark and does not conclude an agreement with the interested person on the alienation of the exclusive right to a trademark, the interested person has the right to apply to a court with a statement of claim for the early termination of legal protection of a trademark due to its non-use.
The new proposal of the interested person may be sent to the trademark right holder not earlier than after the expiration of three months from the date of sending the previous proposal of the interested person.
The decision on early termination of the legal protection of a trademark due to its non-use is made by the court in the event that the right holder of the trademark does not use the relevant goods for the individualization of which the trademark is registered, within three years immediately preceding the day the proposal of the interested party is sent to the right holder.
Legal protection of a trademark is terminated from the date of entry into force of the court decision. "
Introduce into the Arbitration Procedure Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, No. 30, Art. 3012; 2009, No. 29, Art. 3642; 2010, No. 18, Art. 2145; 2014, No. 26, Art. 3392; 2016 , N 1, Art. 29; N 10, Art. 1321; N 26, Art. 3889) the following changes:
1) Part 5 of Article 4 shall be stated in the following wording:
"5. Civil disputes on the recovery of funds on claims arising from contracts, other transactions, due to unjust enrichment, may be referred to the arbitration court for resolution after the parties take measures for pre-trial settlement after thirty calendar days from the date of the claim (requirements ), if other term and (or) procedure is not established by law or contract.
Other disputes arising from civil relations are referred to the arbitration court for resolution after observing the pre-trial procedure for resolving the dispute only if such a procedure is established by federal law or agreement.
Economic disputes arising from administrative and other public legal relations may be referred to the arbitration court for resolution after observing the pre-trial procedure for resolving the dispute if such a procedure is established by federal law.
Compliance with the pre-trial procedure for resolving a dispute is not required in cases of establishing facts of legal significance, cases of awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to enforce a judicial act within a reasonable time, insolvency (bankruptcy) cases, corporate disputes , cases on the protection of the rights and legitimate interests of a group of persons, cases of order proceedings, cases related to the performance by arbitration courts of the functions of assistance and control in relation to arbitration courts, cases on the recognition and enforcement of decisions of foreign courts and foreign arbitral awards, as well as if otherwise is not provided by law, when applying to the arbitration court of the prosecutor, state bodies, local self-government bodies and other bodies in defense of public interests, rights and legitimate interests of organizations and citizens in the field of entrepreneurial and other economic activity (Articles 52, 53 of this Code). " ;
2) in Article 99:
a) part 5 shall be stated as follows:
"5. The arbitration court shall issue a ruling on securing property interests.
In the event that, at the request in connection with which an application for securing property interests has been filed, by virtue of the law, it is mandatory to comply with a claim or other pre-trial procedure for resolving a dispute, the definition sets a time limit for sending a claim (demand) to the other party, not exceeding fifteen days from the date the issuance of a ruling, and the period for filing a statement of claim on such a claim, not exceeding five days from the date of expiration of the period established by law or agreement for the parties to take measures for pre-trial settlement in accordance with part 5 of Article 4 of this Code. If the specified procedure is not mandatory, the ruling establishes a period not exceeding fifteen days from the date of the ruling, for filing a statement of claim on demand, in connection with which the court has taken measures to ensure the property interests of the applicant. ";
b) part 7 shall be stated in the following edition:
"7. The statement of claim is submitted by the applicant to the arbitration court, which issued a ruling on securing property interests, or another court. The applicant informs the arbitration court that issued the ruling on securing property interests, about the direction of the claim (demand), as well as about filing a statement of claim in another court.";
c) the first paragraph of part 8 shall be stated as follows:
"8. If the applicant has not submitted to the arbitration court, which issued a ruling on securing property interests, evidence of a claim (demand) or filing a statement of claim within the time period specified in the arbitration court’s ruling on securing property interests, the security shall be canceled by the same arbitration court."
The president
Russian Federation
Moscow Kremlin
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