ADOPTION, PROMULGATION AND AMENDMENTS. The Civil Code of the Russian Federation is the fundamental document of Russian civil legislation. In recent years, it has undergone a series of significant amendments. From 2013 to 2015, a comprehensive reform of civil legislation was carried out, affecting many aspects of the Civil Code, including the principle of good faith, the procedure for state registration of rights, and the use of citizens' names. In 2022-2023, important amendments were adopted concerning the results of intellectual activity created under government contracts and rules for the free use of works for persons with disabilities. As of September 12, 2023, the provision on the public nature of personal insurance contracts was removed. Several changes to the Civil Code are planned for 2024. On October 21, 2024, norms on the use of rights objects with unknown rightholders will come into force. On August 8, 2024, the legal status of personal foundations will change. On August 1, 2024, norms on testamentary dispositions will be extended to the Bank of Russia. Civil Code has priority at the federal level over other civil laws. All amendments aim to improve the legal regulation of civil relations and bring legislation in line with modern realities. STRUCTURE OF THE CIVIL CODE. The Civil Code of the Russian Federation remains a cornerstone of Russian civil legislation, comprising 1551 articles divided into four Parts. Part I, covering General Provisions (Articles 1-453), establishes fundamental principles of civil law and regulates various aspects including civil rights, legal entities, and property rights. Part II, dedicated to the Law of Property and Other Real Rights (Articles 209-306), focuses on ownership and related matters. Part III, addressing Obligations Law (Articles 307-1109), governs contractual relationships and specific types of obligations. Part IV, concerning Intellectual Property Rights (Articles 1225-1551), covers copyright, related rights, and other intellectual property issues. The Code's structure is further organized into sections and subsections. Part I includes three main sections: General Provisions, Ownership and Other Proprietary Rights, and the General Part of the Law of Obligations. Part II consists of a single section on Specific Types of Obligations. Part III encompasses Inheritance Law and Private International Law. Part IV is dedicated entirely to Rights to the Results of Intellectual Activity and Means of Individualization. PROPERTY RIGHTS. The Civil Code of the Russian Federation regulates property rights and other real rights in Title II (Articles 209-306). This section establishes the fundamental principles of property ownership, including the rights of possession, use, and disposal (Article 209). It recognizes various kinds of ownership such as private, public, and municipal (Article 212). The Code outlines methods for acquiring property rights, including contracts, inheritance, and privatization (Article 218), as well as grounds for termination of property rights (Article 235).Beyond ownership, the Civil Code addresses other proprietary rights, including life inherited possession (Article 265), permanent use (Article 268), easements (Article 274), and mortgages (Article 334). It also covers specific rights like economic management (Article 294) and operational control (Article 296). The concept of servitudes, allowing restricted use of another's real estate, is included in Article 274.The Code provides for common property rights, detailing the grounds for shared ownership (Article 244) and rules for use of jointly owned property (Article 247). An important provision is the acquisition of ownership through prescription, allowing a person to gain ownership rights after possessing property as their own for 15 years (Article 234). INHERITANCE. The Civil Code of the Russian Federation governs inheritance law, outlining key principles of succession, wills, and legacies. The Code defines the composition of inheritance in Article 1112, which includes property, rights, and obligations belonging to the testator at the time of death. Article 1116 establishes inheritance by will or by law as the basis for succession. Legal succession and the order of heirs are detailed in Articles 1142-1145. The right to make a will is enshrined in Articles 1118-1119, allowing citizens to bequeath property to any person while also protecting the right to a mandatory share for certain heirs. Articles 1152-1153 regulate the acceptance of inheritance, specifying terms and methods. Heirs' responsibility for the testator's debts is addressed in Article 1175.Special provisions exist for inheriting business assets - Article 1177 covers inheritance of shares in companies' authorized capital, while Article 1178 deals with inheritance of cooperative memberships. OBLIGATIONS AND CONTRACTS. The Civil Code of the Russian Federation provides a framework for regulating obligations and contracts. Article 307 defines the concept of obligation as a legal relationship where one party (the debtor) is obliged to perform certain actions for the benefit of another party (the creditor). Article 309 establishes principles for the performance of obligations, emphasizing good faith and reasonableness. The Code addresses contracts, with Article 420 defining a contract as an agreement between two or more persons to establish, modify, or terminate civil rights and obligations. A principle underpinning contractual relations is the freedom of contract, enshrined in Article 421, which allows parties to enter into any contract not prohibited by law and to determine its terms. The Civil Code also addresses the dynamics of contractual relationships, with Articles 450-453 detailing procedures for modifying and terminating contracts. These provisions ensure flexibility in contractual relations while providing a framework for resolving disputes. Beyond the general provisions, the Code contains regulations for various types of contracts, tailoring legal norms to the particularities of different economic relationships. WATER. The Civil Code of the Russian Federation establishes foundational principles for the regulation of water resources. Article 261 outlines the right to use water bodies fully connected to private land, while Article 304 addresses the protection of ownership rights related to water resources. Article 306 specifies conditions for the termination of ownership rights by law, which can apply to water bodies in certain circumstances. These provisions create a general framework for water-related legal matters within civil law. In addition to the Civil Code, Russia has a dedicated Water Code (Federal Law No. 74-FZ) that provides more specific and comprehensive regulation of water relations. It complements the Civil Code by addressing the unique aspects of water as a natural resource and public good. MINERAL RESOURCES AND MINING. The Civil Code of the Russian Federation establishes fundamental principles for the regulation of mineral resources and mining activities. Article 130 defines subsoil as objects of ownership rights, while Article 131 outlines the rights to land and natural resources. The content of ownership rights, including those related to mineral resources, is detailed in Article 209. These provisions create a framework for subsoil use and mineral extraction within the broader context of property rights in Russia. AGRICULTURE. The Civil Code of the Russian Federation contains several key provisions related to agriculture. Article 118 defines the legal status of personal subsidiary farms, outlining their rights and obligations as a kind of agricultural production for personal consumption. Article 217 regulates gardening, horticultural and dacha non-commercial associations, addressing their land and property rights and management issues. Article 261 establishes the rights of owners and users of agricultural lands, along with conditions for their agricultural use. Article 217.1 introduces norms on collective gardening and horticulture, detailing procedures for establishing, reorganizing and liquidating such associations, as well as participants' rights and obligations. These Civil Code articles address various aspects of agriculture, from small-scale personal farming to larger collective enterprises, reflecting the diverse nature of agricultural practices in the country. LIVESTOCK. Article 137 addresses the legal status of domestic animals, defining them as objects of civil rights while also recognizing the need to treat them humanely. Article 138 extends this concept to tame animals, establishing rules for their ownership and use. The Code also touches on issues of shared ownership of animals through Article 249, which outlines procedures for using jointly owned property, potentially applicable to livestock or breeding animals. Beyond these specific articles, the Civil Code's general provisions on property rights, contracts, and obligations apply to transactions involving animals in agriculture and other sectors. For instance, the rules on sale contracts (Articles 454-491) would govern the purchase and sale of livestock, while lease agreements (Articles 606-625) might apply to arrangements for animal boarding or temporary use of breeding stock. The Code's provisions on compensation for damage (Articles 1064-1083) could be relevant in cases of injury caused by animals or to animals. Additionally, inheritance rules (Articles 1110-1185) may come into play when dealing with the transfer of farm animals or pets upon an owner's death. FISHERIES. The Civil Code provides a framework for regulating access to water bodies for fishing purposes. Article 305 outlines measures for safeguarding the owner's rights against violations not connected with deprivation of possession, potentially applicable to fishing rights in certain water bodies. The Code's general provisions on property rights and use of natural resources, found in Articles 209-261, also apply to fisheries. For instance, Article 209 defines the content of property rights, which can be relevant to fishing rights in privately owned water bodies. Article 260 addresses the use of land plots and other natural resources, which can include water bodies used for fishing. FORESTRY. The Civil Code of the Russian Federation establishes fundamental principles for regulating forestry and forest protection. Article 209 defines the content of ownership rights, which applies to forest lands and resources. The Civil Code also touches on other aspects of forestry through its general provisions on property rights and natural resources. For instance, Article 129 on the transferability of objects of civil rights can apply to timber and other forest products. Article 130, which defines immovable and movable property, is relevant when considering the legal status of forests and forest lands. Furthermore, Article 221 on the acquisition of right of ownership to commonly accessible things for gathering or extraction can be applicable to the collection of certain forest resources. Article 261's provisions on land ownership rights extend to forest lands, influencing how these areas can be used and managed. ENERGY. The Civil Code of the Russian Federation provides a foundational framework for regulating energy supply and the construction of energy facilities. Article 539 defines the energy supply contract, establishing the basic legal relationship between energy suppliers and consumers. Article 543 outlines the duties of both the energy supplying organization and the subscriber, setting the groundwork for their respective responsibilities in the energy supply process. The Code further addresses energy-related issues through several other provisions. Article 540 specifies the procedure for concluding and extending energy supply contracts, while Article 541 deals with the quantity of energy to be supplied. Article 542 covers the quality of energy, ensuring that supplied energy meets established standards. Article 544 addresses payment for energy, outlining the financial aspects of energy supply relationships. In addition, Article 545 deals with subcontractors in energy supply arrangements, and Article 546 covers the specifics of energy supply to citizens. Article 547 addresses liability in cases of energy supply interruption, providing a legal framework for dispute resolution in such scenarios. The Civil Code's provisions on property rights and contracts also apply to energy-related matters. Article 209 on the content of property rights applies to ownership of energy infrastructure. OTHER RELEVANT PROVISIONS ON ENVIRONMENT AND NATURAL RESOURCES. The Civil Code of the Russian Federation contains several provisions that are relevant to environmental protection and natural resource management, beyond those specifically addressing water, forests, minerals, and energy. Article 1 establishes the principle of freedom of contract, which applies to agreements related to environmental services or natural resource use. Article 15 provides for full compensation of losses, which can be applied in cases of environmental damage. Article 209, while primarily focused on property rights, has implications for the use of natural resources on private land. It stipulates that owners have the right to use their property freely, provided they do not violate the law or infringe on others' rights, which includes environmental regulations. Article 210 complements this by stating that property owners bear the burden of maintaining their property, which can include environmental stewardship responsibilities. Article 129 on the transferability of objects of civil rights can apply to natural resources, determining which environmental goods can be traded. Article 130, defining immovable and movable property, is relevant when considering the legal status of various natural resources. Article 221, addressing the acquisition of ownership rights to commonly accessible things, can be applicable to the gathering of certain natural resources. The Code's provisions on tort liability, particularly Articles 1064-1083, can be invoked in cases of environmental damage. Article 1079 specifically addresses liability for damage caused by activities creating increased danger for others, which can include certain industrial or resource extraction activities with potential environmental impacts.
Fédération de Russie · 1994-01-01