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THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN ARTICLES 1252 AND 1486 PART FOUR OF THE CIVIL CODE
OF THE RUSSIAN FEDERATION AND ARTICLES 4 AND 99 OF THE ARBITRATION
PROCEDURE CODE OF THE RUSSIAN FEDERATION
Federation Council
Include in part four of the Civil Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 52, Art. 5496; 2011, No. 50, Art. 7364; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83) the following changes:
1) Article 1252 shall be supplemented with paragraph 5.1 of the following content:
"5.1. If the right holder and the infringer of the exclusive right are legal entities and (or) individual entrepreneurs and the dispute is under the jurisdiction of the arbitration court, before filing a claim for damages or payment of compensation, the right holder must file a claim.
A claim for damages or payment of compensation may be brought in the event of a complete or partial refusal to satisfy the claim or failure to receive a response to it within thirty days from the date the claim was sent, unless another period is provided by the contract.
It is not required for the right holder to submit a claim prior to the presentation of the claim specified in subparagraphs 1, 2, 4 and 5 of paragraph 1 and paragraph 5 of this article.";
2) paragraph 1 of Article 1486 shall be stated as follows:
"1. Legal protection trademark may be terminated early in respect of all goods or part of the goods, for the individualization of which the trademark is registered, due to non-use of the trademark continuously for three years.
An interested person who believes that the right holder does not use the trademark in relation to all goods or part of the goods for the individualization of which the trademark is registered, sends such a right holder a proposal to apply to the federal executive body for intellectual property with an application for waiver of the right to a trademark or to conclude with an interested person an agreement on the alienation of the exclusive right to a trademark in respect of all goods or part of the goods for the individualization of which the trademark is registered (hereinafter referred to as the proposal of the interested person). The offer of the interested person is sent to the right 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 right 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 right holder 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 within thirty days after the expiration of the specified two months has the right to apply to court with a statement of claim for early termination of the legal protection of a trademark due to its non-use.
A new proposal of the interested person may be sent to the trademark owner no earlier than three months after 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 taken by the court in the event that the right holder of the trademark does not use in relation to the relevant goods, for the individualization of which the trademark is registered, within three years immediately preceding the day the proposal of the interested person is sent to the right holder.
The legal protection of a trademark is terminated from the date of entry into force of the court decision.".
Include in the Arbitration Procedure Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, N 30, Art. 3012; 2009, N 29, Art. 3642; 2010, N 18, Art. 2145; 2014, N 26, Art. 3392; 2016 , N 1, item 29; N 10, item 1321; N 26, item 3889) the following changes:
1) Part 5 of Article 4 shall be stated as follows:
"5. Civil law disputes about the recovery Money on claims arising from contracts, other transactions, as a result of unjust enrichment, may be transferred to the arbitration court for permission after the parties have taken measures for pre-trial settlement after thirty calendar days from the date of sending the claim (claim), unless a different period and (or) procedure is not established by law or contract.
Other disputes arising from civil legal relations are submitted for resolution by the arbitration court after observing the pre-trial procedure for settling the dispute only if such procedure is established by federal law or an agreement.
Economic disputes arising from administrative and other public legal relations may be referred to the arbitration court after the observance of the pre-trial procedure for settling the dispute, if such procedure is established by federal law.
Compliance with the pre-trial dispute settlement procedure 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, cases of insolvency (bankruptcy), cases of corporate disputes , cases on the protection of the rights and legitimate interests of a group of persons, cases of writ 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 provided by law, when applying to the arbitration court of the prosecutor, government agencies, local governments and other bodies to protect 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. An arbitration court shall issue a ruling on securing property interests.
If, at the request in connection with which an application for securing property interests was filed, it is mandatory by law to comply with a claim or other pre-trial dispute resolution procedure, the ruling establishes a period for sending a claim (claim) to the other party, not exceeding fifteen days from the date of issuance of a ruling, and the time limit 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 the contract 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 issuance of the ruling for filing a statement of claim on demand, in connection with which the court has taken measures to ensure the applicant's property interests.";
b) part 7 shall be stated in the following wording:
"7. The statement of claim is filed by the applicant with the arbitration court that issued the 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 the filing of the statement of claim in another court.";
c) the first paragraph of part 8 shall be stated in the following wording:
"8. If the applicant fails to present to the arbitration court that issued the ruling on securing property interests, evidence of filing a claim (requirement) or filing a statement of claim within the period specified in the ruling of the arbitration court on securing property interests, the security shall be canceled by the same arbitration court.".
The president
Russian Federation
Moscow Kremlin
By 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 mutual linkage of Article 2 with the rest of the articles of the Law under consideration, which are devoted to aerodrome areas, is not traced. Moreover, the legal nature and meaning of establishing a SPZ for aerodromes becomes incomprehensible, when all issues are better resolved within the framework of the aerodrome territory regime.
But if we assume that this law has a double name, separately about the aerodrome territory, which concerns only aerodromes, separately about the SPZ, regardless of the aerodrome issues, then why is this norm hidden between the articles on aerodrome territories? Why does Article 2 of the law in question change 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 is 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 technique.
In addition to the changed name, Article 12 has acquired a new paragraph in paragraph 2: “The procedure for establishing sanitary protection zones and using land plots located within the boundaries of sanitary protection zones, is approved by the Government of the Russian Federation.”.
Actually, this is quite a significant point. Is that why they hid it like that?
Although this rule came into force on September 30, 2017, the Procedure itself has not yet been approved by the Government of the Russian Federation. Thus, at present, another gap has been formed. It is allowed according to the principle - we live as we lived until they adopt the appropriate act. It is good if this principle is reflected in the norm of the law - either the entry into force of this norm, not supported by a by-law, is postponed, or the next law introduces a norm that before the expected event, we live according to the previous legal relations. IN this case while we do not have this, in connection with which, if desired, you can live as you lived, if Rospotrebnadzor is of 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 using There are no land plots located within the boundaries of sanitary protection zones.
In principle, Rospotrebnadzor itself can stop the process of establishing a SPZ on the same grounds that now it does not have the authority to do so until the expected order is released.
The elements will be warned by radio, pensions will begin to arrive on the Mir card, and the minimum wage will approach the subsistence level
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 pensioners who applied for opening a new account will be issued Mir cards. The 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. Mir cards will be issued to pensioners as their payment cards expire.
Until July 1, 2017, Russian banks must ensure the acceptance of Mir cards in all devices used for settlements using payment cards, including ATMs.
Federal Law No. 460-FZ of December 19, 2016 “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 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 targeted at the Russian consumer have been regulated. In particular, it provides for the maintenance of a register of such services. Roskomnadzor will be engaged in its creation and maintenance.
It has been established that only a Russian legal entity, or a Russian who does not have the citizenship of another state, can own such an audiovisual service.
In addition, the prohibition on the use of an audiovisual service for the purpose of committing criminal acts, for disclosing information constituting a state or other secret specially protected by law, for distributing 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 content, search engines and information resources that are registered as online publications.
Federal Law No. 37-FZ of March 28, 2017 “On Amendments to the Federal Law “On Weapons”
The heads of state paramilitary organizations received the right to transfer certain models of combat cold 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.
Also established is the order of inheritance of dirks and the procedure for their registration, transferred and inherited before the entry into force of the Federal Law.
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 system of self-regulation in the construction industry.
The requirements for a non-profit organization necessary for them to acquire the status of a self-regulatory organization (SRO), its standards and internal documents, the procedure for accepting and terminating membership in an organization, as well as the specifics of the SRO's control over the activities of its members and the application of disciplinary measures to them are specified. Cases are defined 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 mandatory in SRO.
In addition, requirements have been introduced for specialists in the organization of engineering surveys, architectural design and construction. The procedure for compensation for damage caused as a result of non-fulfillment or improper fulfillment by a SRO member of obligations under a contract for engineering surveys, preparation of project documentation, a construction contract concluded using competitive methods of concluding a contract has been established.
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 Limiting the Consumption (Drinking) of Alcoholic Products" and the Code of Administrative Offenses of the Russian Federation"
Administrative liability 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 100,000 to 200,000 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 the objects of the administrative offense.
Federal Law of February 7, 2017 No. 13-FZ "On Amendments to the Code of Administrative Offenses of the Russian Federation"
“On Amendments to the Federal Law “On the Use of Cash Registers in Cash Payments and (or) 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"
Now not only the most important and vital medical devices are exempt from VAT, 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. 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 the declarative tax refund procedure. The requirements that such a guarantor must comply with are established. It is established that the period of validity of the surety agreement should expire no earlier than 10 months from the date of filing the tax return, in which the amount of tax to be reimbursed is declared, and should not exceed 1 year from the date of conclusion of the surety agreement.
Federal Law No. 86-FZ of May 1, 2017 “On Amendments to Article 13 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” and Articles 59 and 78 of the Federal Law “On the Fundamentals of Protecting the Health 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 an enhanced qualified electronic signature will be generated and placed 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 sick leave certificate in the form of an electronic document will be established by the Government of the Russian Federation.
Federal Law No. 13-FZ of February 7, 2017 “On Amendments to the Code of Administrative Offenses of the Russian Federation”
Administrative responsibility 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 fines have 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 valuation activities and the procedure for issuing a qualification certificate are being specified. In addition, the rights and obligations of the valuation customer 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, if they wish, can shift the function of maintaining a list of company participants to a notary. Maintaining the list of participants by notaries will be carried out 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., may own no more than 25% of the voting shares of a joint-stock company, and shareholders - foreign legal entities and / or legal 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 Amending 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 certain legislative acts of the Russian Federations"
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 produced 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"
The requirements for a non-profit organization necessary for them to acquire the status of a self-regulatory organization (SRO), its standards and internal documents, the procedure for accepting and terminating membership in an organization, as well as the specifics of the SRO's control over the activities of its members and the application of disciplinary measures to them are specified.
Cases are established in which membership in SROs 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 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 (share) capital is fully paid can attract funds from equity holders. Also, the dependence of the minimum size of the developer's authorized capital on the area of all shared construction objects erected by him is 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 Part of Improving State Regulation in the Field of Genetic Engineering Activities"
Administrative liability is introduced for violation of the legislation of the Russian Federation in the field of genetic engineering activities.
Decree of the President of the Russian Federation of April 17, 2017 No. 171 “On monitoring and analyzing the results of consideration of applications from citizens and organizations”
The Administration of the President of the Russian Federation is empowered to ensure monitoring and analysis of 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 the measures taken on them .
Decree of the Government of the Russian Federation of November 19, 2016 No. 2464-r “On approval of indices for changing the amount of fees paid by citizens for public Utilities 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 work on the design, construction and commissioning of capital construction facilities, and on amendments to 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 work on the 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 of a justification for 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.
Decree of the Government of the Russian Federation of May 25, 2017 No. 625 “On Amendments to Annexes No. 1 and 2 to Decree of the Government of the Russian Federation of December 26, 2011 No. 1137”
A new line has been included in the forms of the invoice and the corrective invoice, 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 from the federal budget to a legal entity, budget investments, contributions to the authorized capital ( in the presence of).
Decree of the Government of the Russian Federation of April 27, 2017 No. 498 “On the requirements for banks that are entitled to open escrow accounts for settlements under agreements for participation in shared construction”
Requirements have been established for banks that have the right to open escrow accounts for settlements under an agreement on participation in shared construction. In particular, they are required to have a general license, as well as the amount 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 Amendments to the Decree of the Government of the Russian Federation of December 17, 2013 N 1177"
For organized transportation of a group of children, only a bus, from the year of manufacture of which no more than 10 years have passed, can be used.
5'th of July
Decree of the Government of the Russian Federation of May 27, 2017 No. 644 "On Amendments to the Regulations on the Ministry of Industry and Trade of the Russian Federation"
The list of powers exercised by the Russian Ministry of Industry and Trade has been expanded. In particular, they include the conduct of mandatory certification of aviation personnel of experimental aviation 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"
Quadcopters weighing over 250 grams are subject to mandatory registration. Also, specialists of aviation personnel of experimental aviation are required to undergo mandatory certification.
July 8
Federal Law No. 110-FZ of June 7, 2017 “On Amendments to Article 66 of the Federal Law “On Communications” and Article 35 of the Law of the Russian Federation “On mass media»
Communication operators are obliged to ensure the transmission of alert signals and emergency information about the dangers arising from the threat of occurrence or the occurrence of natural and man-made emergencies, as well as during the conduct of hostilities or as a result of these actions, about the rules of behavior of the population and the need to take measures to protection. At the same time, it was established that telecom operators inform the population about emerging threats free of charge.
Similar obligations are assigned to the editorial offices of mass media, which, at the request of executive authorities and local self-government bodies, are obliged to immediately and free of charge, depending on the form of distribution of mass media, broadcast or publish the specified emergency information.
Introduce the following changes to the Air Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 12, Art. 1383; 2004, No. 35, Art. 3607; 2007, No. 50, Art. 6245; 2015, No. 29, Art. 4380) the following changes :
1) Article 46 is recognized as invalid;
2) article 47 shall be stated in the following wording:
“Article 47. Airfield territory
1. The aerodrome territory is established by the decision of the federal executive body authorized by the Government of the Russian Federation in order to ensure the safety of aircraft flights, the prospective development of the airport and to exclude 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, taking into account the requirements of legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
By the decision specified in the first paragraph of this clause, 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 referred to as restrictions on the use of real estate objects and the implementation of activities) are established on the aerodrome territory.
2. The aerodrome territory is a zone with special conditions for the use of territories.
3. The following sub-zones may be distinguished on the aerodrome territory, in which restrictions on the use of real estate and 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 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 that are not related to the airport infrastructure;
3) the third subzone, in which it is prohibited to place objects whose height exceeds the restrictions established by the federal executive body authorized by the Government of the Russian Federation when establishing the corresponding aerodrome area;
4) the fourth subzone, in which it is prohibited to place objects that interfere with the operation of ground facilities and air traffic services, navigation, landing and communication systems intended for air traffic management and located outside the first subzone;
5) the fifth subzone, in which it is prohibited to place hazardous production facilities, the operation 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 accumulation 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 welfare of the population, unless otherwise established by federal laws.
4. The procedure for establishing the aerodrome territory and the procedure for allocating subzones in the aerodrome territory, in which restrictions are established on the use of real estate and the implementation of activities, are approved by the Government of the Russian Federation.
Establishment of an aerodrome territory for structures intended for takeoff, landing, taxiing and parking of aircraft (hereinafter referred to as 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 the federal cities of Moscow, St. Petersburg and Sevastopol and documentation on the planning of the territory.
5. In case of 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 carries out the construction of aerodrome structures. Said draft decision is approved by the federal executive body authorized by the Government of the Russian Federation, subject to 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 legislation in the field of ensuring sanitary and epidemiological welfare of the population. The specified draft decision is also subject to agreement with the highest executive bodies. state power constituent entities of the Russian Federation, within the boundaries of whose territories the aerodrome territory is located in whole or in part (in terms of the compliance of the said draft decision, the allocation of subzones on the aerodrome territory, the establishment of restrictions on the use of real estate objects in such subzones and the implementation of activities with the procedure for describing the location of the boundaries of the aerodrome territory and the procedure for allocating on the aerodrome territory territories of subzones in which restrictions on the use of real estate and activities are established), taking into account the conclusions of the authorized bodies of local self-government of municipalities, within the boundaries of whose territories the aerodrome territory is located in whole or in part, containing calculations of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and the implementation of activities established 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 highest executive body of state power of the constituent entity of the Russian Federation. In case of failure to submit approval of the specified draft decision or failure to submit a refusal to approve it within the established period, the specified draft decision is 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 agreeing on the said draft decision is approved by the Government of the Russian Federation.
6. With regard to a joint-based aerodrome or an aerodrome of joint use, the decision to establish an 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 be jointly based on an aerodrome or that share the use of an aerodrome.
7. In the event that in the rules for land use and development of a settlement, urban district, inter-settlement territory, violations of restrictions on the use of real estate objects and the implementation of activities established on the aerodrome territory are detected, the operator of the civil aviation aerodrome or the organization operating the experimental aviation aerodrome or authorized by the federal executive body, under the jurisdiction which the state aviation aerodrome is located, are obliged to prepare a conclusion on violation of the restrictions on the use of real estate and 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 the implementation of activities established on the aerodrome territory, is obliged to send an order to the local self-government body of the relevant municipality 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 for land use and development of a settlement, urban district, inter-settlement territory, including the demolition of an unauthorized building. Such an order may be appealed by the local self-government body of the relevant municipality to the court.
The federal executive body authorized by the Government of the Russian Federation is obliged to notify the highest executive body of state power of the constituent entity of the Russian Federation, on whose territory 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 for land use and development of the settlement, urban district, inter-settlement territory.
8. The developer, which carries out the construction of aerodrome structures, compensates for the damage caused to citizens, legal entities and public legal entities in connection with restrictions on the use of real estate and activities established on the aerodrome territory.
Include in Article 12 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" (Collected Legislation of the Russian Federation, 1999, No. 14, Art. 1650; 2006, No. 52, Art. 5498; 2011, No. 30, articles 4563, 4596; 2014, No. 26, article 3377) the following changes:
1) in the name of the word "urban and rural settlements" to exclude;
2) clause 2 shall be supplemented with a paragraph with the following content:
"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.".
Include in the Town 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, item 5711; 2010, No. 48, item 6246; 2011, No. 13, item 1688; No. 17, item 2310; No. 27, item 3880; No. 30, item 4563, 4572, 4591, 4594; No. 49, 7015, 7042; 2012, No. 31, 4322; No. 47, 6390; No. 53, 7614, 7619, 7643; 2013, No. 9, 873; No. 14, 1651; No. 43, 5452; No. 52, 6983; 2014, No. 14, 1557; No. 19, 2336; No. 26, 3377; No. 42 , Article 5615; No. 43, Article 5799; No. 48, Article 6640; 2015, No. 1, Articles 9, 11, 86; No. 29, Article 4342; No. 48, Article 6705; 2016, No. 1 , item 79; No. 27, item 4248, 4294, 4301, 4302, 4303, 4305, 4306; No. 52, item 7494) the following changes:
1) Clause 4 of Article 1 after the words "zones of protected objects," add the words "airfield area,";
2) Article 30 shall be supplemented with parts 7 and 8 of the following content:
“7. The approved rules for land use and development of a settlement, urban district, 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 the 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 land use and development rules in line with the restrictions on the use of real estate objects established on the aerodrome territory cannot exceed six months.”;
3) in Article 31:
a) Part 3 shall be supplemented with the following sentence: “If the land use and development rules are brought into line with the restrictions on the use of real estate objects established on the aerodrome territory, public hearings are not held.”;
b) add part 7.1 with the following content:
“7.1. In the case of bringing the land use and development rules in line with the restrictions on the use of real estate objects established on the aerodrome territory, the publication of a notice on the decision to prepare a project to amend the land use and development rules is not required.”;
c) add 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 located in whole or in part, no later than ten days from 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, if 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, sends it to the local government body of the relevant municipal formation of an instruction 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 by the local self-government body of the relevant municipality to the court.”;
d) part 15 shall be supplemented with the words "except for 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 cases when they are not required in accordance with this Code";
b) add part 3.1 with the following content:
“3.1. The approved rules for land use and development are subject to placement in the federal state information system for territorial planning no later than ten days after the date of approval of the said rules. In the event that the aerodrome territory established in accordance with the Air Code of the Russian Federation is wholly or partially located within the boundaries of a municipal formation, the local self-government body of such a municipal formation no later than five days after the date of placement of the approved rules for 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 of 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 paragraph 1.1 of the following content:
"1.1) receipt from the federal executive body authorized by the Government of the Russian Federation, binding for execution within the time limits established by the legislation of the Russian Federation, of an order to eliminate violations of restrictions on the use of real estate objects established on the aerodrome territory, which are allowed in the rules for land use and development of a settlement, urban district, inter-settlement territory;”;
b) add part 4.1 with the following content:
“4.1. The draft on amendments to the rules for land use and development, providing for bringing these rules in line with the restrictions on the use of real estate objects established on the aerodrome territory, is not subject to consideration by the commission.”;
c) add part 6 of the following content:
“6. The head of the local administration, upon receipt from the federal executive body authorized by the Government of the Russian Federation of the order specified in paragraph 1.1 of part 2 of this article, 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 to the court.”;
6) Article 40 shall be supplemented with part 8 of the following content:
"8. Granting permission to deviate from the limiting parameters of 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 non-compliance of the project documentation of capital construction facilities with the restrictions on the use of real estate objects established on the aerodrome territory";
b) add parts 12.1 and 12.2 as follows:
“12.1. The federal executive body authorized to issue building permits, the executive body of a constituent entity of the Russian Federation, the local self-government body or an authorized organization carrying out public administration use of atomic energy and state administration in carrying out 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 building 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, within thirty days, checks the compliance of the issued construction permit with the restrictions on the use of real estate objects established on the aerodrome territory, and in case of detection of a violation of the restrictions on the use of real estate objects established on the aerodrome territory, sends to the federal executive body, an executive authority of a constituent entity of the Russian Federation, a local self-government body or an authorized organization exercising state management of the use of atomic energy and state management 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 " Roskosmos" order to terminate the construction permit. ";
c) Part 21.1 shall be supplemented with clause 1.1 as follows:
"1.1) receipt of an order from the federal executive body authorized by the Government of the Russian Federation to terminate the construction permit on the basis of non-compliance 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), the federal executive bodies authorized by the Government of the Russian Federation, no later than within thirty days from the date of the official publication of this Federal Law, must post on their official websites in the information and telecommunications 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 of objects specified in this article within the boundaries of the aerodrome territories, without entering information about the boundaries of the aerodrome territories to the Unified State Register of Real Estate. The publication of the specified information is carried out taking into account the requirements of the legislation of the Russian Federation on state secrets.
2. Until the date of this Federal Law, the federal executive authorities authorized by the Government of the Russian Federation, in the absence of the description of the location of the boundaries of the aerodrome territories specified in this article in the state real estate cadastre, as of January 1, 2016, must approve the maps (diagrams) available on the day of the official publication of this Federal Law , which display the boundaries of air access lanes at experimental aviation aerodromes, state aviation aerodromes, civil aviation aerodromes, the boundaries of aerodrome sanitary protection zones, and also post these maps (schemes) on the website of the federal executive body authorized by the Government of the Russian Federation in the information and telecommunications network "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 specified maps (schemes) are subject to agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation, within the boundaries of the territories of which the aerodrome territory is located in whole or in part (in terms of the correspondence of the description of the location of the boundaries of air access lanes at aerodromes, the description of the location of the boundaries of the sanitary protection zones of aerodromes 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). Approval of the said maps (schemes) or refusal to approve them shall be submitted to the said federal executive bodies within thirty days from the date of receipt of the drafts of the said maps (schemes) by the highest executive state authorities of the constituent entities of the Russian Federation. In case of failure to submit the approval of the specified maps (schemes) or failure to submit a refusal to approve them within the established period, the specified maps (schemes) are considered approved. 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 agreeing on drafts 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, have a negative impact on human health and the environment, interfere with the operation of radio equipment installed at the aerodrome, radar and radio navigation facilities designed to ensure aircraft flights, within the boundaries of the aerodrome territories specified in this Article or air approach lanes at aerodromes specified in this Article, sanitary protection zones of aerodromes should be carried out subject to the coordination of 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 aerodrome - for a state aviation aerodrome;
3) with the federal executive body exercising the functions of providing public services and managing state property in the field of air transport (civil aviation) - for a civil aviation aerodrome. 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 established period, the placement of the object is considered agreed.
4. The coordination 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 location of the facilities specified in part 3 of this article with the requirements of legislation in the field of ensuring the sanitary and epidemiological welfare of the population, issued within thirty days from the date of receipt of the application by the given federal executive body.
5. After three hundred and sixty days from the date of the official publication of this Federal Law, the 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 aerodrome are recognized violation of aircraft flight safety requirements.
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 transportation 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 area.
7. With regard to aerodromes put into operation before the date of this Federal Law:
1) until 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 before the date of this Federal Law, restrictions use of land plots and (or) 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 air access lanes at aerodromes indicated in this article, sanitary protection zones of aerodromes, zones of sanitary gaps of aerodromes, are not applied to capital construction facilities, architectural and construction design, construction, reconstruction of which are agreed by the owner of the relevant aerodrome and (or) the authorized state authority exercising full 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 citizens or legal entities arose prior to the date of entry into force of this Federal Law, except in cases where these restrictions are established in order to ensure aircraft flight safety. Losses caused to public legal 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, among other things, 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 welfare of the population in agreement with the highest executive bodies of state power of the constituent entities of the Russian Federation Federations within the boundaries of whose territories the aerodrome is located in whole or in part 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 with the procedure for describing the location of the boundaries of the aerodrome territory, the procedure for allocating on the aerodrome territory territory 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 the municipalities within whose boundaries the aerodrome territory is located in whole or in part, containing the calculation of the amount of damage subject to compensation to citizens, legal entities and public legal entities in connection with establishing 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 is subject to submission 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 highest 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 prescribed period, this draft decision is 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 agreeing on this draft decision is approved by the Government of the Russian Federation;
3) the establishment of the aerodrome area is carried out in accordance with the main characteristics of the 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 that arose before the date of this Federal Law, with the exception of cases of unauthorized construction, in connection with the establishment of previously unestablished 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 an aerodrome area 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 legal 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. In the event that 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 given aerodrome operator and the airport operator shall be jointly and severally obliged to compensate for this damage;
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 citizens or legal entities arose prior to the date of this Federal Law;
6) at the expense of the relevant budget of the budgetary system of the Russian Federation, the damage caused to citizens and legal entities in the event of restriction of their rights to land plots and (or) real estate objects located on them that arose before the day of this Federal Law is compensated, with the exception of cases of unauthorized construction, in connection with the establishment, in order to ensure the safety of aircraft flights, of 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 upon by the authorized Government of the Russian Federation Federation by federal executive bodies, authorized state authorities 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 the provisions for which this article establishes a different term for their entry into force.
2. , , and and of 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 adjusted.
It is envisaged 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 prospective development of the airport and the elimination of the negative impact of the aerodrome equipment and aircraft flights on human health and the environment.
7 subzones can be distinguished on the territory, in which restrictions are established on the use of land plots and the implementation of economic and other activities. The procedure for allocating 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 come into force from the day of their official publication, except for certain provisions for which a different period is provided.
THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN ARTICLES 1252 AND 1486 PART FOUR OF THE CIVIL CODE
OF THE RUSSIAN FEDERATION AND ARTICLES 4 AND 99 OF THE ARBITRATION
PROCEDURE CODE OF THE RUSSIAN FEDERATION
State Duma
Federation Council
Include in part four of the Civil Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 52, Art. 5496; 2011, No. 50, Art. 7364; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83) the following changes:
1) Article 1252 shall be supplemented with paragraph 5.1 of the following content:
"5.1. If the right holder and the infringer of the exclusive right are legal entities and (or) individual entrepreneurs and the dispute is under the jurisdiction of the arbitration court, before filing a claim for damages or payment of compensation, the right holder must file a claim.
A claim for damages or payment of compensation may be brought in the event of a complete or partial refusal to satisfy the claim or failure to receive a response to it within thirty days from the date the claim was sent, unless another period is provided by the contract.
It is not required for the right holder to submit a claim prior to the presentation of the claim specified in subparagraphs 1, 2, 4 and 5 of paragraph 1 and paragraph 5 of this article.";
2) paragraph 1 of Article 1486 shall be stated as follows:
"1. The legal protection of a trademark may be terminated early in respect of all goods or part of the goods for the individualization of which the trademark is registered, due to non-use of the trademark continuously for three years.
An interested person who believes that the right holder does not use the trademark in relation to all goods or part of the goods for the individualization of which the trademark is registered, sends such a right holder a proposal to apply to the federal executive body for intellectual property with an application for waiver of the right to a trademark or to conclude with an interested person an agreement on the alienation of the exclusive right to a trademark in respect of all goods or part of the goods for the individualization of which the trademark is registered (hereinafter referred to as the proposal of the interested person). The offer of the interested person is sent to the right 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 right 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 right holder 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 within thirty days after the expiration of the specified two months has the right to apply to court with a statement of claim for early termination of the legal protection of a trademark due to its non-use.
A new proposal of the interested person may be sent to the trademark owner no earlier than three months after 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 taken by the court in the event that the right holder of the trademark does not use in relation to the relevant goods, for the individualization of which the trademark is registered, within three years immediately preceding the day the proposal of the interested person is sent to the right holder.
The legal protection of a trademark is terminated from the date of entry into force of the court decision.".
Include in the Arbitration Procedure Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, N 30, Art. 3012; 2009, N 29, Art. 3642; 2010, N 18, Art. 2145; 2014, N 26, Art. 3392; 2016 , N 1, item 29; N 10, item 1321; N 26, item 3889) the following changes:
1) Part 5 of Article 4 shall be stated as follows:
"5. Civil law disputes on the recovery of funds on claims arising from contracts, other transactions, as a result of unjust enrichment, may be referred to the arbitration court for resolution after the parties have taken measures for pre-trial settlement after thirty calendar days from the date of sending the claim (requirement ), unless other terms and (or) procedure are established by law or contract.
Other disputes arising from civil legal relations are submitted for resolution by the arbitration court after observing the pre-trial procedure for settling the dispute only if such procedure is established by federal law or an agreement.
Economic disputes arising from administrative and other public legal relations may be referred to the arbitration court after the observance of the pre-trial procedure for settling the dispute, if such procedure is established by federal law.
Compliance with the pre-trial dispute settlement procedure 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, cases of insolvency (bankruptcy), cases of corporate disputes , cases on the protection of the rights and legitimate interests of a group of persons, cases of writ 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 provided by law, when applying to the arbitration court of the prosecutor, state bodies, local governments and other bodies in defense of public interests, rights and legitimate interests of organizations and citizens in the field of entrepreneurial and other economic activities (Articles 52, 53 of this Code)." ;
2) in Article 99:
a) Part 5 shall be stated as follows:
"5. An arbitration court shall issue a ruling on securing property interests.
If, at the request in connection with which an application for securing property interests was filed, it is mandatory by law to comply with a claim or other pre-trial dispute resolution procedure, the ruling establishes a period for sending a claim (claim) to the other party, not exceeding fifteen days from the date of issuance of a ruling, and the time limit 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 the contract 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 issuance of the ruling for filing a statement of claim on demand, in connection with which the court has taken measures to ensure the applicant's property interests.
b) part 7 shall be stated in the following wording:
"7. The statement of claim is filed by the applicant with the arbitration court that issued the 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 the filing of the statement of claim in another court.";
c) the first paragraph of part 8 shall be stated in the following wording:
"8. If the applicant fails to present to the arbitration court that issued the ruling on securing property interests, evidence of filing a claim (requirement) or filing a statement of claim within the period specified in the ruling of the arbitration court on securing property interests, the security shall be canceled by the same arbitration court.".
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Moscow Kremlin
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