Another block of amendments to the Civil Code of the Russian Federation was adopted. This time they touch objects civil rights.

According to the amendments, objects of civil rights are things (including cash and documentary securities), other property (including non-cash funds, book-entry securities, property rights), results of work and provision of services. In addition, the objects of civil rights include intellectual property and intangible benefits.

The definition of an indivisible thing is specified. It is established that a thing, the division of which in kind is impossible without its destruction (damage) or change of its purpose and which acts in circulation as a single object of property rights, is indivisible even if it has constituent parts. The latter can be replaced if the essential properties of the thing are preserved. Collection may be applied to an indivisible thing only as a whole. However, a law or a judicial act may establish the possibility of separating its constituent part from a thing, including for the purpose of selling it separately.

The concept of a single immovable complex is introduced. The rules about indivisible things apply to such objects.

It is stipulated that the fruits, products, incomes received as a result of the use of a thing belong to its owner, regardless of who uses such a thing (unless otherwise provided by law, other legal acts, an agreement or does not follow from the essence of the relationship). Previously, as a general rule, it was the person who legally uses the thing (for example, the tenant) who had the right to the indicated fruits, products and income.

Significant changes relate to securities. Thus, the procedure for protecting violated rights to book-entry securities, the consequences of claiming the latter and the loss of accounts certifying these rights are prescribed. Joint-stock companies that hold the registers of shareholders of these JSCs were obliged to transfer the maintenance of the register to a person who has the appropriate license. 1 year from the date of entry into force of these amendments is given for the fulfillment of this requirement.

Part of the changes concerns the protection of intangible benefits. In particular, it is established that information discrediting the honor, dignity or business reputation of a citizen must be refuted in the same way in which they were distributed, or in another similar way. A person is given the right to demand the removal of relevant information up to the removal and destruction without any compensation of material carriers. This is possible if the refutation cannot be communicated to the public.

The statute of limitations for claims made in connection with the dissemination of untrue information in the media is 1 year from the date of their publication.

A separate article on the protection of the private life of a citizen is also introduced. It does not allow, without the consent of the person, the collection, storage, distribution and use of any information about his private life (with the exception of cases expressly provided for by law). It is also unlawful to use the specified information when creating works of science, literature and art, if this violates the interests of a citizen. A mechanism for deleting information about the private life of a citizen obtained in violation of the law is prescribed.

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT CHANGES

IN SUB-SECTION 3 OF SECTION I PART ONE OF THE CIVIL CODE

RUSSIAN FEDERATION

State Duma

Federation Council

Include in subsection 3 of section I of part one of the Civil Code Russian Federation(Collected Legislation of the Russian Federation, 1994, N 32, Art. 3301; 2004, N 27, Art. 2711; 2005, N 1, Art. 39; 2006, N 23, Art. 2380; N 50, Art. 5279; N 52, art. 5497) the following changes:

1) Article 128 shall be stated in the following wording:

"Article 128. Objects of civil rights

The objects of civil rights include things, including cash and documentary securities, other property, including non-cash funds, book-entry securities, property rights; results of work and provision of services; protected results of intellectual activity and equivalent means of individualization (intellectual property); intangible benefits.";

2) in Article 129:

a) in paragraph 1 the words "not withdrawn from circulation or" shall be deleted;

b) clause 2 shall be stated in the following wording:

"2. The law or in accordance with the procedure established by law may impose restrictions on the transferability of objects of civil rights, in particular, types of objects of civil rights may be provided that may belong only to certain participants in the turnover or transactions with which are allowed with a special permit.";

3) in Article 131:

a) Clause 5 shall be declared invalid;

b) paragraph 6 shall be stated in the following wording:

"6. The procedure for state registration of rights to real estate and the grounds for refusal to register these rights are established in accordance with this Code by the law on registration of rights to real estate.";

4) Article 133 shall be stated in the following wording:

"Article 133. Indivisible things

1. A thing, the division of which in nature is impossible without destroying, damaging the thing or changing its purpose, and which appears in circulation as a single object of property rights, is an indivisible thing even if it has constituent parts.

2. Replacement of some constituent parts of an indivisible thing by others constituent parts does not entail the emergence of another thing, if the essential properties of the thing are preserved.

3. Execution may be levied on an indivisible thing only as a whole, unless a law or a judicial act establishes the possibility of separating its constituent part from the thing, including for the purpose of selling it separately.

4. Relations regarding shares in the right of ownership to an indivisible thing shall be regulated by the rules of Chapter 16, Article 1168 of this Code.";

5) add Article 133.1 with the following content:

"Article 133.1. Unified immovable complex

An immovable thing participating in turnover as a single object may be a single immovable complex - a set of buildings, structures and other things united by a single purpose, inextricably linked physically or technologically, including linear objects ( railways, power lines, pipelines, etc.), or located on the same land plot, if the right of ownership to the totality of these objects as a whole is registered in the unified state register of rights to immovable property as one immovable thing.

The rules on indivisible things apply to unified immovable complexes.";

6) Article 134 shall be stated in the following wording:

"Article 134. Complicated things

If different things are connected in such a way that they are used for a general purpose (complex thing), then the effect of a transaction made with regard to a complex thing extends to all the things included in it, since the terms of the transaction do not provide otherwise.";

7) Article 136 shall be stated in the following wording:

"Article 136. Fruits, products and income

The fruits, products, incomes received as a result of the use of a thing, regardless of who uses such a thing, belong to the owner of the thing, unless otherwise provided by law, other legal acts, an agreement, or follows from the essence of the relationship.

8) in the second part of Article 141 the words "Property right" shall be replaced by the word "Rights", the word "protected" shall be replaced by the word "protected";

9) Chapter 7 shall be stated in the following wording:

"Chapter 7. SECURITIES

§ 1. General Provisions

Article 142. Securities

1. Securities are documents that meet the requirements established by law and certify obligations and other rights, the exercise or transfer of which is possible only upon presentation of such documents (documentary securities).

Obligatory and other rights are also recognized as securities, which are enshrined in a decision on the issue or other act of the person who issued the securities in accordance with the requirements of the law, and the exercise and transfer of which is possible only in compliance with the rules for accounting for these rights in accordance with Article 149 of this Code ( paperless securities).

2. Securities are a share, a bill of exchange, a mortgage, an investment share of a mutual investment fund, a bill of lading, a bond, a check and other securities named as such in law or recognized as such in the manner prescribed by law.

The issue or issuance of securities is subject to state registration in cases established by law.

Article 143. Types of securities

1. Documentary securities may be bearer (bearer securities), order and registered.

2. A bearer security is a documentary security for which its owner is recognized as the person authorized to demand performance on it.

3. An order security is a documentary security for which its owner is recognized as the person authorized to demand performance on it, if the security is issued in his name or passed to him from the original owner by a continuous series of endorsements.

4. A registered security is a documentary security for which one of the following specified persons is recognized as the person authorized to demand execution on it:

1) the owner of the security indicated as the right holder in the records maintained by the obligated person or acting on his behalf and having the appropriate license. The law may provide for the obligation to transfer such accounting to a person who has the appropriate license;

2) the owner of the security, if the security was issued in his name or passed to him from the original owner in the order of a continuous series of assignments of the claim (cessions) by making nominal endorsements on it or in another form in accordance with the rules established for the assignment of the claim (cessions).

5. The issue or issuance of bearer securities is allowed in cases established by law.

The possibility of issuing or issuing certain documentary securities as registered or order securities may be excluded by law.

6. Unless otherwise established by this Code, the law, or follows from the peculiarities of fixing rights to book-entry securities, the rules on registered documentary securities, the right holder of which is determined in accordance with accounting records, are applied to such securities.

§ 2. Documentary securities

Article 143.1. Requirements for a documentary security

1. Mandatory details, requirements for the form of a documentary security and other requirements for a documentary security are determined by law or in the manner prescribed by it.

2. If the document does not contain the mandatory details of a documentary security, if it does not comply with the established form and other requirements, the document is not a security, but retains the value of written evidence.

Article 144

1. Proper performance on a documentary security shall be deemed to be performance on a person specified in paragraphs 2-4 of Article 143 of this Code (the owner of the security).

2. If the person responsible for the execution of a documentary security knew that the holder of the security to whom the execution was made is not the proper holder of the right to the security, he shall be obliged to compensate for the losses caused to the holder of the right to the security.

Article 145

1. The person responsible for the execution of a documentary security has the right to raise against the claims of the owner of the security only those objections that arise from the security or are based on the relationship between these persons.

A person who has drawn up a documentary security shall be liable for the security even if the document is put into circulation against his will.

The rules on limitation of objections provided for in this paragraph shall not apply if the owner of the security at the time of its acquisition knew or should have known about the absence of a basis for the emergence of rights certified by the security, including the invalidity of such a basis, or about the absence of the rights of previous owners of the security. securities, including the invalidity of the basis for their occurrence, as well as if the owner of the security is not its bona fide purchaser (Article 147.1).

2. The persons responsible for the execution of an order security shall not have the right to refer to the objections of other persons responsible for the execution of this security.

3. Against a demand for execution on a documentary security, the person indicated as responsible for execution on it may raise objections related to the forgery of such a security or to disputing the fact that he signed the security (forgery of the security).

Article 146. Transfer of rights certified by documentary securities

1. With the transfer of the right to a documentary security, all the rights certified by it in the aggregate shall pass.

2. The rights certified by a bearer security are transferred to the acquirer by handing over the security to him by the person who alienated it.

The rights certified by a bearer security may be transferred to another person regardless of its delivery in cases and on the grounds established by law.

3. The rights certified by an order security are transferred to the acquirer by its delivery with an endorsement on it - an endorsement. Unless otherwise provided by this Code or the law, the rules on the transfer of a bill established by the law on transferable and promissory notes shall apply to the transfer of order securities.

4. The rights certified by a registered documentary security are transferred to the acquirer by handing over the security to him by the person who alienates it, with a personalized endorsement on it or in another form in accordance with the rules established for the assignment of a claim (cession).

The norms of paragraph 1 of Chapter 24 of this Code shall apply to the transfer of rights certified by registered documentary securities by way of assignment of a claim (cession), unless otherwise established by the rules of this Chapter, by another law, or follows from the nature of the relevant security.

5. In case of non-fulfillment of the obligation to transfer an order or registered documentary security, the acquirer shall have the right to demand its withdrawal from the person in whose possession it is located, except in cases where an endorsement or endorsement of the person who has committed the alienation has been made on the security, under which the rights have been transferred to another face.

6. In case of non-fulfillment of the obligation to make an endorsement or an endorsement on an order or registered documentary security, the transfer of rights to an order or registered documentary security is carried out at the request of the acquirer on the basis of a court decision by making an inscription on the security by the person executing the court decision, which has the effect of an endorsement or endorsement.

7. The transfer of rights certified by an order or registered security to another person on grounds other than transfer under an agreement is carried out by acquiring the right to a security in cases and on the grounds established by law.

8. The transfer of rights to order or registered securities is confirmed:

1) in case of inheritance - by a notary's mark on the security itself, which has the force of endorsement or endorsement of the previous right holder;

2) upon sale of such securities in case of foreclosure on them - by a mark of the person authorized to sell the property of the owner of such securities;

3) in other cases - on the basis of a court decision, with a mark of the person executing the court decision.

9. When recording the rights to a registered documentary security, the rights shall pass to the person indicated in the security at the moment of making a mark on the transfer of rights in the accounts. The notation is made on the basis of a deed of transfer made by the parties in the presence of the person keeping records in accordance with paragraph 4 of Article 143 of this Code, or on the basis of a notarized deed of transfer presented to the person keeping records by one of the parties.

10. If the person who keeps records in accordance with paragraph 4 of Article 143 of this Code evades from making a mark on the transfer of rights in the records, the person in whose name the deed of transfer has been made may demand in judicial order entering the appropriate mark in the accounts.

Article 147. Responsibility for the validity of rights certified by a documentary security

1. The person who transferred a documentary security shall be liable for the invalidity of the rights certified by the security, unless otherwise provided by law.

The person who has transferred a documentary security shall be liable for the fulfillment of the obligation under it, if there is an appropriate clause, as well as in other cases established by law.

2. The owner of a security who has discovered its forgery or forgery has the right to demand from the person who transferred the security to him the fulfillment of obligations under such security and compensation for losses.

Article 147.1. Peculiarities of claiming documentary securities from a bona fide purchaser

1. The recovery of documentary securities from someone else's illegal possession is carried out in accordance with the rules of this Code on the recovery of a thing from someone else's illegal possession with the features provided for by this article.

2. The right to claim documentary securities from someone else's illegal possession shall be vested in a person who, at the moment when the securities were removed from his possession, was their legal owner.

3. Bearer securities may not be demanded from a bona fide purchaser, regardless of what right they certify, as well as order and registered securities certifying a monetary claim.

4. The right holder of a security that has lost it as a result of unlawful actions shall have the right to demand from the person who acquired it from a third party, regardless of whether such a third party is a bona fide or bad faith purchaser, or is recognized as the legal owner, to return the security or reimburse it. market value, if the specified acquirer, from whom the security is demanded, by his fraudulent or other illegal actions contributed to the loss of the rights of the legal owner to the security, or as the previous owner knew or should have known about the existence of the rights of other persons to the security.

5. A person to whom a documentary security has been returned from someone else's illegal possession has the right to demand that the owner in bad faith return everything received on the security, as well as compensation for losses; from a bona fide owner - the return of everything received on the security from the time when he found out or should have found out about the unlawfulness of his possession or received from the court a notice of a claim against him for the recovery of the security.

If the illegal owner has used the pre-emptive right granted by the security to acquire any property, the person to whom the documentary security was returned from someone else's illegal possession has the right to demand that such owner transfer the acquired property to him, subject to reimbursement of its value at the price of acquiring the specified property by the illegal owner, and the unfair owner has the right to demand also compensation for losses.

Article 148. Restoration of rights under a documentary security

1. Restoration of rights to a lost bearer security shall be carried out by the court in the order of challenge proceedings in accordance with the procedural legislation upon the application of the person who has lost the security to recognize it as invalid and restore the rights to the security.

2. A person who has lost an order security has the right to declare this in writing to all persons liable for it, indicating the reasons for the loss.

An obligated person who has received an application from a person who has lost an order security, in the event that it is presented by another person, must suspend execution to the bearer of the security and inform him of the claims of the applicant, as well as inform the applicant about the person who presented the security. If within three months from the date of the person's statement about the loss of the order security, the person who lost the security did not apply to the court with a corresponding claim against the bearer of the security, the obligated person must perform execution to the bearer of the security. If the dispute between the person who has lost the security and the person who presented the security is resolved by the court, the execution is made to the person in whose favor the court decision was made.

In the absence of a dispute about the right to an order security, the person who has lost it has the right to demand performance from the obligated person in a judicial proceeding.

3. Restoration of rights on a lost registered documentary security is carried out by the court in the manner of special proceedings on cases of establishing facts of legal significance, in accordance with the procedural legislation, at the request of the person who has lost such a security, and in cases provided for by law, also of other persons. .

4. In the event of the loss of accounts of holders of registered documentary securities, the person keeping records is obliged to immediately publish information about this in the mass media, in which information on bankruptcy is to be published, and to offer the persons who were indicated as right holders in the accounts, submit registered securities within the period specified when the information is published and which cannot be less than three months from the date of its publication.

Accounts of holders of registered documentary securities must be restored by the person keeping such records within one month from the date of expiration of the term for the presentation of securities by their owners.

If the person keeping records evades from restoring the accounts, they are subject to restoration by the court at the claim of the person concerned in the manner prescribed by the procedural legislation.

5. A person liable under a registered documentary security and a person who, on his behalf, keeps records of rights to securities shall be jointly and severally liable for losses caused to the owners of such securities as a result of the loss of accounting records or violation of the procedure and terms for restoring such records, if will not prove that the loss or violation occurred due to force majeure.

Article 148.1. Immobilization of documentary securities

In accordance with the law or in accordance with the procedure established by it, documentary securities may be immobilized, that is, transferred for safekeeping to a person who, in accordance with the law, is entitled to keep documentary securities and (or) record rights to securities. The transfer of rights to immovable securities and the exercise of rights certified by such securities shall be regulated by Articles 149-149.5 of this Code, unless otherwise provided by law.

§ 3. Paperless securities

Article 149. General Provisions on Paperless Securities

1. The persons responsible for the execution of a paperless security are the person who issued the security, as well as the persons who provided security for the performance of the respective obligation. The persons responsible for the execution of a paperless security must be indicated in the decision on its issue or in another act of the person who issued the security provided for by law.

The right to demand from the obligated person performance on a book-entry security is recognized for the person indicated in the accounting records as the right holder, or for another person who, in accordance with the law, exercises the rights under the security.

2. Accounting for rights to book-entry securities is carried out by making entries on accounts by a person acting on behalf of a person liable under a security, or by a person acting on the basis of an agreement with the right holder or with another person who, in accordance with the law, exercises the rights under the security . Record keeping of such rights shall be carried out by a person holding a statutory license.

3. Disposal, including transfer, pledge, encumbrance by other means of book-entry securities, as well as restrictions on their disposal may be carried out only by applying to the person who keeps records of rights to book-entry securities to make appropriate entries.

4. A person who has issued a paperless security and a person who, on his behalf, records the rights to such securities, shall be jointly and severally liable for losses caused as a result of a violation of the procedure for recording rights, the procedure for performing transactions on accounts, loss of credentials, provision of false information about the credentials, unless they prove that the violation took place due to force majeure.

The person responsible for the execution of a paperless security shall not be liable for losses caused as a result of a violation of the procedure for recording rights by persons acting on the basis of an agreement with the right holder or with another person who, in accordance with the law, exercises the rights under the security.

Article 149.1. Execution on a book-entry security

1. Proper performance on a paperless security shall be deemed a performance made by an obligated person to the persons specified in paragraph two of clause 1 of Article 149 of this Code.

The law may establish cases when, as of a certain date, a list of persons entitled to demand execution on book-entry securities is fixed. The performance made by such persons shall be recognized as proper.

2. In the cases provided for by law, performance by persons other than those specified in paragraph 1 of this article shall be recognized as proper.

3. The rules provided for by paragraph 2 of Article 144 and Article 145 of this Code shall apply to relations connected with the execution of non-documentary securities, unless this contradicts the essence of such securities.

Article 149.2. Transfer of rights under a book-entry security and encumbrance of a book-entry security

1. Transfer of rights to book-entry securities to the acquirer shall be carried out by debiting the book-entry securities from the account of the person who has committed their alienation and crediting them to the account of the acquirer on the basis of the order of the person who has committed the alienation. The law or the agreement of the right holder with the person keeping records of the rights to book-entry securities may provide for other grounds and conditions for writing off securities and crediting them, including the possibility of writing off securities from the account of the person who has committed the alienation without presenting his order.

2. The rights under a book-entry security shall pass to the acquirer from the moment the person keeping records of the rights to book-entry securities makes a corresponding entry in the account of the acquirer.

3. Pledge, encumbrance by other means of non-documentary securities, as well as restrictions on their disposal arise after the registration of rights is made by the person who records the rights, the corresponding entry on the pledge, encumbrance or restriction on the account of the right holder or, in cases established by law, on the account of another person.

An encumbrance of uncertificated securities may also arise from the moment they are credited to an account in which, in accordance with the law, the rights to encumbered uncertificated securities are recorded.

Entry of pledge or other encumbrance of book-entry securities is made on the basis of the right holder's order (pledge order, etc.), unless otherwise provided by law. Entries about changing the terms of the encumbrance and about its termination are made on the basis of the order of the right holder with the consent in writing of the person in whose favor the encumbrance is established, or without such an order in cases provided for by law or an agreement between the right holder and the person keeping records of rights to book-entry securities and the person in whose favor the encumbrance is established.

4. If the person who has committed the alienation, or the person providing securities to secure the fulfillment of an obligation, evades from presenting to the person keeping records of the rights to book-entry securities an order to conduct a transaction on the account, the acquirer or the person in whose favor the encumbrance of book-entry securities is established , shall have the right to demand in a judicial proceeding that entries be made on the transfer of rights to securities or on their encumbrance on the terms stipulated by the agreement with the person making the alienation or with the person providing the securities to secure the fulfillment of the obligation.

If there are several persons in favor of which an obligation has been established to transfer or encumber rights to the same book-entry securities, if the operation to transfer or encumber them has not yet been carried out, the person in whose favor the obligation arose earlier shall prevail, and if that cannot be ascertained, the person who first sued.

5. Registration of the transfer of rights to paperless securities in the order of inheritance is carried out on the basis of the certificate of the right to inheritance presented by the heir (Article 1162).

The transfer of rights to non-documentary securities upon the sale of such securities in the event of foreclosure on them is formalized on the basis of an order of a person authorized to sell the property of the right holder.

Registration of the transfer of rights to book-entry securities in accordance with a court decision is carried out by the person who records the rights on the basis of a court decision or on the basis of an act of the person carrying out the execution of the court decision.

6. Evasion or refusal of the person, carrying out the accounting of the rights to book-entry securities, from conducting an operation on the account may be challenged in court.

Article 149.3. Protection of violated rights of copyright holders

1. The right holder, from whose account book-entry securities were unlawfully debited, shall have the right to demand from the person, to whose account the securities were credited, the return of the same amount of the relevant securities.

Non-documentary securities certifying only the monetary right of claim, as well as non-documentary securities acquired at organized auctions, regardless of the type of right to be certified, cannot be claimed from a bona fide purchaser.

If paperless securities were acquired free of charge from a person who did not have the right to alienate them, the right holder has the right to claim such securities in all cases.

2. If non-documentary securities, which the right holder has the right to claim, have been converted into other securities, the right holder has the right to claim those securities into which the securities debited from his account were converted.

3. The right holder, from whose account book-entry securities were unlawfully written off, if it is possible to acquire the same securities at organized trading at his choice, has the right to demand from persons liable to him for the losses caused by this, the acquisition of the same securities at their expense or reimbursement of all necessary expenses for their acquisition.

Article 149.4. Consequences of claiming book-entry securities

1. If the claim of the right holder for the return of book-entry securities in accordance with paragraph 1 or paragraph 2 of Article 149.3 of this Code is satisfied, the right holder shall enjoy, in relation to the person from whose account the securities were returned to him, the rights specified in paragraph 5 of Article 147.1 of this Code.

2. In the event that unauthorized persons exercise the right to participate in the management of a joint-stock company certified by book-entry securities or another right to participate in the decision-making of a meeting, the right holder may challenge the corresponding decision of the meeting that violates his rights and legally protected interests, if the joint-stock company or persons whose will mattered in the decision of the meeting, knew or should have known about the existence of a dispute over the rights to uncertificated securities and the vote of the right holder could influence the decision.

An action to challenge the decision of the meeting may be filed within three months from the day when the person entitled to the security found out or should have found out about the unlawful debiting of securities from his account, but not later than one year from the day the relevant decision was made.

The court may uphold the decision of the meeting in force if the recognition of the decision as invalid would result in infliction of disproportionate damage to the creditors of the joint-stock company or other third parties.

Article 149.5. Consequences of the loss of accounts certifying rights to book-entry securities

1. In the event of the loss of accounts certifying the rights to book-entry securities, the person carrying out the registration of rights is obliged to immediately publish information about this in the mass media in which information on bankruptcy is to be published, and apply to the court with an application for the restoration of data on the registration of rights in the manner prescribed by the procedural legislation.

Any interested person may submit a request to restore the records of rights to book-entry securities. Restoration of data on the registration of rights is carried out in the manner prescribed by the procedural legislation. When restoring data on recording rights to book-entry securities, entries about right holders are made on the basis of a court decision.

Information on the restoration of accounting records of rights to paperless securities is published for general information in the mass media, in which information on bankruptcy is subject to publication, on the basis of a court decision at the expense of the person who carried out this accounting at the time of the loss of accounts certifying the rights to paperless securities .

2. Entries on the registration of rights to book-entry securities shall not be valid from the moment when the person carrying out the registration of rights has lost the accounting records, and until the day the court decision on the restoration of the data of registration of rights comes into force.";

10) Article 150 shall be stated as follows:

"Article 150. Non-material benefits

1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom to choose the place of stay and residence, citizen's name, authorship, other intangible benefits belonging to a citizen from birth or by virtue of law are inalienable and non-transferable in any other way.

2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and within the limits in which the use of methods for protecting civil rights (Article 12) follows from the essence of the violated intangible benefit or personal non-property law and the nature of the consequences of this violation.

In cases where the interests of a citizen so require, intangible benefits belonging to him can be protected, in particular, by recognizing the fact of violation of his personal non-property right by the court, publishing a court decision on the violation, as well as by suppressing or prohibiting actions that violate or create a threat of violation personal non-property rights or encroaching or creating a threat of encroachment on a non-material benefit.

In cases and in the manner prescribed by law, intangible benefits belonging to the deceased may be protected by other persons.

11) in Article 151:

a) in part one, the word "others" shall be deleted;

b) in part two, the word "persons" shall be replaced by the word "citizen";

12) Article 152 shall be stated as follows:

"Article 152. Protection of honor, dignity and business reputation

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, if the person who disseminated such information does not prove that it is true. The refutation must be made in the same way that information about the citizen was disseminated, or in another similar way.

At the request of interested persons, the protection of the honor, dignity and business reputation of a citizen is allowed even after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen, in respect of whom the said information has been disseminated in the media, has the right to demand, along with a refutation, also the publication of his answer in the same media.

3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and in connection with this the refutation cannot be brought to public attention, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of the further dissemination of the specified information by withdrawing and destruction, without any compensation, of copies of material carriers made for the purpose of putting into civil circulation containing the specified information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible.

5. If information discrediting the honor, dignity or business reputation of a citizen becomes available on the Internet after its dissemination, the citizen has the right to demand the deletion of the relevant information, as well as a refutation of the specified information in a way that ensures that the refutation is brought to the attention of Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen, in other cases, except for those specified in paragraphs 2-5 of this article, is established by the court.

7. The application to the violator of measures of responsibility for non-execution of a court decision does not relieve him of the obligation to perform the action provided for by the court decision.

8. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information has been disseminated has the right to apply to the court for recognition of the disseminated information as untrue.

9. A citizen in respect of whom information is disseminated that discredits his honor, dignity or business reputation, along with the refutation of such information or the publication of his answer, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1-9 of this article, with the exception of the provisions on compensation for moral damage, may also be applied by the court to cases of dissemination of any information about a citizen that does not correspond to reality, if such a citizen proves that the indicated information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the said information in the mass media is one year from the date of publication of such information in the relevant mass media.

11. The rules of this article on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, shall accordingly apply to the protection of the business reputation of a legal entity.";

13) in article 152.1:

a) in the first paragraph, the word "Disclosure" shall be replaced by the words "1. Disclosure";

b) add paragraphs 2 and 3 as follows:

"2. Manufactured for the purpose of introducing into civil circulation, as well as copies of material carriers in circulation containing an image of a citizen obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation.

3. If an image of a citizen obtained or used in violation of paragraph 1 of this article is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

14) Chapter 8 shall be supplemented with Article 152.2 as follows:

"Article 152.2. Protection of the private life of a citizen

1. Unless otherwise expressly provided by law, the collection, storage, dissemination and use of any information about his private life, in particular information about his origin, place of his stay or residence, personal and family life, is not allowed without the consent of a citizen.

It is not a violation of the rules established by the first paragraph of this paragraph, the collection, storage, distribution and use of information about the private life of a citizen in state, public or other public interests, as well as in cases where information about the private life of a citizen has previously become publicly available or was disclosed by himself citizen or at his will.

2. The parties to an obligation are not entitled to disclose information about the private life of a citizen who is a party or a third party to this obligation, which became known to them upon the occurrence and (or) performance of the obligation, unless the agreement provides for the possibility of such disclosure of information about the parties.

3. Illegal dissemination of information obtained in violation of the law about the private life of a citizen is considered, in particular, its use in the creation of works of science, literature and art, if such use violates the interests of a citizen.

4. In cases where information about the private life of a citizen, obtained in violation of the law, is contained in documents, video recordings or other material media, the citizen has the right to apply to the court with a request to delete the relevant information, as well as to suppress or prohibit its further dissemination by seizure and destruction, without any compensation, of copies of material carriers made for the purpose of putting into civil circulation, containing relevant information, if without the destruction of such copies of material carriers, the removal of the relevant information is impossible.

5. The right to demand the protection of the private life of a citizen by the methods provided for in paragraph 2 of Article 150 of this Code and this Article, in the event of his death, have the children, parents and surviving spouse of such a citizen.".

Clause 10 of Article 17 of the Federal Law of December 18, 2006 N 231-FZ "On the Enactment of Part Four of the Civil Code of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 52, Art. 5497) shall be recognized as invalid.

2. The provisions of the Civil Code of the Russian Federation (as amended by this Federal Law) shall apply to legal relations that have arisen after the day this Federal Law enters into force. With regard to legal relations that arose prior to the day this Federal Law came into force, the provisions of the Civil Code of the Russian Federation (as amended by this Federal Law) apply to those rights and obligations that arise after the day this Federal Law comes into force.

3. Until legislative and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with the provisions of the Civil Code of the Russian Federation (as amended by this Federal Law), legislative and other regulatory legal acts of the Russian Federation, as well as acts of legislation of the USSR in force on the territory of the Russian Federation within the limits and in the manner provided for by the legislation of the Russian Federation, they are applied insofar as they do not contradict the provisions of the Civil Code

4. The legal regime of objects of civil rights, which, prior to the date of entry into force of this Federal Law, were recognized as withdrawn from circulation and in accordance with clause 2 of Article 129 of the Civil Code of the Russian Federation (as amended by this Federal Law) are recognized as limited in circulation, shall be preserved.

5. Joint-stock companies that, as of the date of entry into force of this Federal Law in accordance with paragraph 3 of Article 44 of Federal Law No. 208-FZ of December 26, 1995 "On Joint-Stock Companies", were holders of registers of shareholders of these companies, retain the right to keep these registers in within a year after the date of entry into force of this Federal Law. Upon the expiration of a year after the date of entry into force of this Federal Law, the said joint-stock companies shall be obliged to transfer the maintenance of the register to a person holding the license provided for by law, in accordance with Clause 2 of Article 149 of the Civil Code of the Russian Federation (as amended by this Federal Law).

The president

Russian Federation

Moscow Kremlin

the federal law

dated July 31, 1998 No. 145-FZ

Budget Code of the Russian Federation No. 145-FZ of July 31, 1998, (Chapter 24.1) (as amended by Federal Law No. 142-FZ of June 4, 2018)

On the execution of judicial acts

Publication date: 13.06.2018

Date of change: 13.06.2018

Attached file: docx, 43.81 kB

THE RUSSIAN FEDERATION

BUDGET CODE OF THE RUSSIAN FEDERATION

(as amended by Federal Law No. 142-FZ of June 4, 2018)
(v y p and s to a)

Chapter 24.1. EXECUTION OF JUDICIAL ACTS ON APPLICATION
PAYMENTS ON BUDGET FUNDS OF THE BUDGET SYSTEM
RUSSIAN FEDERATION

Article 242.1. General provisions

1. Execution of judicial acts on foreclosure of funds from the budgets of the budget system of the Russian Federation is carried out in accordance with this Code on the basis of executive documents (wrong of execution, court order) indicating the amounts to be recovered in the currency of the Russian Federation, as well as in accordance with the established legislation of the Russian Federation with the requirements for executive documents, the deadlines for the presentation of executive documents, the interruption of the deadline for the presentation of executive documents, the restoration of the missed deadline for the presentation of executive documents.

2. A copy of the judicial act on the basis of which it was issued, as well as an application of the claimant indicating the details of the bank account of the claimant (bank account details the recoverer upon presentation of a writ of execution in the manner prescribed by Article 242.2 of this Code), to which the funds to be recovered must be transferred.

The application is signed by the claimant or his representative with a power of attorney or a notarized copy of the power of attorney or other document certifying the authority of the representative.

A duplicate of the writ of execution is sent for execution together with a copy of the court ruling on its issuance.

An executive document issued on the basis of a judicial act awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time is sent for execution by the court, regardless of the request of the recoverer. A copy of the judicial act on the basis of which it was issued must be attached to such an executive document.

3. The basis for the return to the recoverer of documents received for execution is:

failure to submit any document referred to in paragraph 2 of this article;

non-compliance of the documents specified in paragraphs 1 and 2 of this article with the requirements established by the Civil Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the legislation of the Russian Federation on enforcement proceedings;

submission of the documents specified in paragraphs 1 and 2 of this article to the Federal Treasury body (financial body of a constituent entity of the Russian Federation, financial body of a municipality) in which the personal account of the debtor is not opened;

violation of the term established by the legislation of the Russian Federation for the presentation of a writ of execution for execution;

submission by the claimant of an application for the withdrawal of a writ of execution.

3.1. The basis for the return to the court of enforcement documents received for execution is:

Submission by the court of an application (or judicial act) on the withdrawal of the enforcement document;

Presentation by the debtor, or by the recoverer, or by the court of a document repealing the judicial act to be enforced;

impossibility to return the documents received for execution to the recoverer.

In case of return to the court of enforcement documents on the grounds specified in paragraphs two and three of this clause, a notice is sent to the recoverer with the attachment of all documents received from him.

3.2. The grounds for the return to the recoverer or to the court of documents received for execution are the impossibility of transferring funds to the bank account details provided by the recoverer or the court or specified by the court in the executive document, and the failure to receive the specified details of the recoverer's bank account within 30 days from the date of sending to the recoverer or to the court notification of clarification of the details of the bank account of the recoverer.

4. The return of the enforcement document to the recoverer is not an obstacle to the new presentation of the specified document for execution within the period calculated in accordance with the legislation of the Russian Federation.

5. The action (inaction) of the bodies executing judicial acts in the manner prescribed by this chapter, or the refusal to perform such actions, may be appealed by the exactor in accordance with the legislation of the Russian Federation.

Article 242.2. Enforcement of judicial acts on claims against the Russian Federation, a constituent entity of the Russian Federation, a municipality for compensation for harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local governments or officials of these bodies, and for the award of 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

1. For the execution of judicial acts on claims against the Russian Federation for compensation for harm caused by illegal actions (inaction) of state bodies of the Russian Federation or their officials, including as a result of the issuance by state bodies of the Russian Federation of acts that do not comply with the law or other regulatory legal act , as well as judicial acts on other claims for the recovery of funds at the expense of the treasury of the Russian Federation (with the exception of judicial acts on the recovery of funds in the order of subsidiary liability of the main administrators of federal budget funds), judicial acts on the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execute a judicial act within a reasonable time at the expense of the federal budget, the documents specified in paragraph 2 of Article 242.1 of this Code shall be sent for execution to the Ministry of Finance of the Russian Federation.

2. The chief administrator of federal budget funds, who represented the interests of the Russian Federation in court in accordance with paragraph 3 of Article 158 of this Code or acted in court as a defendant in claims (applications) for the recovery of funds at the expense of the treasury of the Russian Federation or the federal budget, within 10 days after the issuance (adoption) of a judicial act in the final form, in the manner established by the Ministry of Finance of the Russian Federation, it is obliged to send information to the Ministry of Finance of the Russian Federation on the results of the consideration of the case in court, as well as provide information on the existence of grounds for appealing the judicial act.

If there are grounds for appealing a judicial act, as well as in the event of an appeal against a judicial act by other participants in the judicial process, the chief administrator of federal budget funds within 10 days after the issuance (acceptance) of a judicial act of the appellate, cassation or supervisory instance in the final form is obliged in the manner established by the Ministry Finance of the Russian Federation, submit to the Ministry of Finance of the Russian Federation information on the results of the appeal against the judicial act.

In order to exercise by the Russian Federation the right of recourse established by paragraph 3.1 of Article 1081 of the Civil Code of the Russian Federation, the Ministry of Finance of the Russian Federation notifies the relevant chief administrator of federal budget funds of the execution at the expense of the treasury of the Russian Federation of a judicial act on compensation for harm.

The chief administrator of federal budget funds, in accordance with the procedure established by the Ministry of Finance of the Russian Federation, quarterly submits to the Ministry of Finance of the Russian Federation information on the actions being taken aimed at exercising the right of recourse by the Russian Federation, or on the absence of grounds for filing a claim for the recovery of funds by way of recourse.

3. For the execution of judicial acts on claims against the constituent entities of the Russian Federation for compensation for harm caused by illegal actions (inaction) of state bodies of the constituent entities of the Russian Federation or their officials, including as a result of the issuance by state bodies of the constituent entities of the Russian Federation of acts that do not comply with the law or other normative legal act, as well as judicial acts on other claims for the recovery of funds at the expense of the treasury of the subject of the Russian Federation (with the exception of judicial acts on the recovery of funds in the order of subsidiary liability of the main managers of the budget funds of the subject of the Russian Federation), judicial acts on the award of compensation for violation of the right to execute a judicial act within a reasonable time at the expense of the budget of a constituent entity of the Russian Federation, the documents specified in paragraph 2 of Article 242.1 of this Code shall be sent for execution to the financial body of the constituent entity of the Russian Federation.

The chief manager of the budget funds of a constituent entity of the Russian Federation, who represented the interests of a constituent entity of the Russian Federation in court in accordance with paragraph 3 of Article 158 of this Code, is obliged, within 10 days after the issuance (acceptance) of a judicial act in the final form in the manner established by the financial authority of the constituent entity of the Russian Federation, send to the financial body of the subject of the Russian Federation information on the results of the consideration of the case in court, as well as provide information on the existence of grounds for appealing the judicial act.

If there are grounds for appealing a judicial act, as well as in the event of an appeal against a judicial act by other participants in the judicial process, the chief manager of the budget funds of a constituent entity of the Russian Federation within 10 days after the issuance (acceptance) of a judicial act of the appellate, cassation or supervisory instance in the final form is obliged in the manner established by the financial authority of the constituent entity of the Russian Federation, to submit to the financial authority of the constituent entity of the Russian Federation information on the results of the appeal against the judicial act.

For the purpose of exercising by the subject of the Russian Federation the right of recourse established by paragraph 3.1 of Article 1081 of the Civil Code of the Russian Federation, the financial body of the subject of the Russian Federation shall notify the relevant chief administrator of the budget funds of the subject of the Russian Federation of the execution at the expense of the treasury of the subject of the Russian Federation of a judicial act on compensation for harm.

The law of the constituent entity of the Russian Federation may establish the procedure for the submission by the main manager of the budget funds of the constituent entity of the Russian Federation to the financial authority of the constituent entity of the Russian Federation of information on the actions taken aimed at exercising the right of recourse by the constituent entity of the Russian Federation, or on the absence of grounds for filing a claim for the recovery of funds in the manner of recourse .

4. For the execution of judicial acts on claims against municipalities for compensation for harm caused by illegal actions (inaction) of local governments or their officials, including as a result of the issuance by local governments of municipal legal acts that do not comply with the law or other regulatory legal act , as well as judicial acts on other claims for the recovery of funds at the expense of the treasury of the municipality (with the exception of judicial acts on the recovery of funds in the order of subsidiary liability of the main managers of local budget funds), judicial acts on awarding compensation for violation of the right to execute a judicial act within a reasonable time, at the expense of the local budget, the documents specified in paragraph 2 of Article 242.1 of this Code shall be sent for execution to the financial body of the municipality.

The chief manager of the funds of the budget of the municipal formation, who represented the interests of the municipal formation in court in accordance with paragraph 3 of Article 158 of this Code, is obliged, within 10 days after the issuance (acceptance) of a judicial act in the final form in the manner established by the financial body of the municipal formation, to send to the financial body of the municipality information on the results of the case in court, as well as provide information on the existence of grounds for appealing the judicial act.

If there are grounds for appealing against a judicial act, as well as in the event of an appeal against a judicial act by other participants in the judicial process, the chief manager of the budget funds of the municipality within 10 days after the issuance (acceptance) of the judicial act of the appellate, cassation or supervisory instance in the final form is obliged in the manner established by the financial body of the municipality, to submit to the financial body of the municipality information on the results of the appeal against the judicial act.

In order to exercise the right of recourse established by clause 3.1 of Article 1081 of the Civil Code of the Russian Federation by the municipal formation, the financial body of the municipal formation shall notify the relevant chief administrator of the budget of the municipal formation of the execution at the expense of the treasury of the municipal formation of a judicial act on compensation for harm.

A municipal legal act of the representative body of the municipal formation may establish the procedure for the submission by the chief manager of the funds of the budget of the municipal formation to the financial body of the municipal formation of information on the actions taken, aimed at the implementation of the right of recourse by the municipal formation, or on the absence of grounds for filing a claim for the recovery of funds in the manner of recourse .

5. Execution of judicial acts is carried out at the expense of appropriations provided for these purposes by the law (decision) on the budget. When executing judicial acts in amounts exceeding the appropriations approved by the law (decision) on the budget for these purposes, appropriate changes are made to the consolidated budget breakdown.

6. Execution of judicial acts is carried out within three months from the date of receipt of enforcement documents for execution.

The execution of judicial acts may be suspended in accordance with the legislation of the Russian Federation.

In the event that a notice is sent to the recoverer or to the court about the clarification of the details of the recoverer's bank account, the period specified in paragraph one of this clause shall be suspended for the period specified in clause 3.2 of Article 242.1 of this Code.

6.1. If the executive document provides for indexation of the amount awarded or other types of calculations, the financial authority shall calculate the funds for payments under the executive document in the manner prescribed by the legislation of the Russian Federation or a judicial act.

7. Bodies executing judicial acts (Ministry of Finance of the Russian Federation, financial authorities of constituent entities of the Russian Federation, financial authorities of municipalities) keep records and store enforcement documents and other documents related to their execution.

Article 242.3. Enforcement of judicial acts providing for foreclosure on federal budget funds for monetary obligations of federal state institutions

1. An executive document providing for the foreclosure of federal budget funds for the monetary obligations of a federal treasury institution - a debtor, is sent by the court at the request of the exactor or by the exactor himself, together with the documents specified in paragraph 2 of Article 242.1 of this Code, to the Federal Treasury at the place of opening in in accordance with this Code, to the debtor as the recipient of the federal budget funds of a personal account for accounting for operations for the execution of federal budget expenditures (hereinafter in this article - the personal accounts of the debtor).

2. The body of the Federal Treasury, no later than five working days after receiving the writ of execution, sends the debtor a notice of receipt of the writ of execution and the date of its acceptance for execution, with a copy of the judicial act and the application of the claimant attached.

If there are grounds specified in paragraphs 3 and 4 of Article 242.1 of this Code, the Federal Treasury body returns enforcement documents with all the annexes to them received without execution within five working days from the date of their receipt, indicating the reason for the return.

3. The debtor, within 10 working days from the date of receipt of the notification, submits to the Federal Treasury body information on the source of debt formation and on the codes of the budget classification of the Russian Federation, according to which federal budget expenditures must be made for the execution of the executive document in relation to the budget classification of the Russian Federation of the current financial of the year.

For the execution of an executive document at the expense of the federal budget, the debtor simultaneously with the specified information submits to the Federal Treasury a payment document for the transfer of funds in the amount of full or partial execution of the executive document within the balance of the amount of financing of expenses reflected on his personal account of the recipient of federal budget funds, according to corresponding codes of the budget classification of the Russian Federation.

If the debtor violates the requirements established by this clause, the Federal Treasury body shall suspend, until the violation is eliminated, operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, opened with this body of the Federal Treasury (with the exception of operations for the execution Executive documents, decisions of tax authorities on the collection of taxes, dues, insurance premiums, penalties and fines, providing for the levy of collection on funds from the budgets of the budget system of the Russian Federation (hereinafter also referred to as decisions of the tax authorities), as well as payment documents providing for the transfer or issuance of funds for payroll settlements with persons working under an employment contract (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified settlements), with notification of the debtor and its structure rnyh (isolated) divisions.

4. If payments for the execution of an executive document are of a periodic nature, the debtor, along with the documents specified in paragraph 3 of this article, submits to the Federal Treasury information on the date of the monthly payment for this executive document.

At the same time, if in such an executive document the debtor indicates the state authority (state body) exercising the budgetary powers of the main manager (manager) of the federal budget funds, he has the right to entrust its execution to the federal state institution subordinate to him with the transfer of copies of the documents specified in paragraph 2 of this article, to pay for the executive document in accordance with this article and with the limits of budgetary obligations (budget appropriations) and (or) the amount of financing of expenses brought to it, as well as with the simultaneous sending to the Federal Treasury of the corresponding notice of the order to execute the executive document to the federal state institution .

In case of non-execution by the federal state institution of the executive document transferred to it in accordance with the requirements established by this article, the Federal Treasury body shall suspend, until the violation is eliminated, the implementation of operations to spend funds on all its personal accounts, including the personal accounts of its structural (separate) divisions opened in this body of the Federal Treasury (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or issuance of funds for payroll settlements with persons working under an employment agreement (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with these calculations), with the notification of this federal state institution and the relevant state authority (state body) that implements the budget tny powers of the main manager (manager) of federal budget funds.

5. In the absence or insufficiency of the corresponding limits of budgetary obligations (budget appropriations) and (or) the volume of financing of expenses for the full execution of the executive document, the debtor sends to the state authority (state body) exercising budgetary powers the main manager (manager) of federal budget funds, under the jurisdiction where he is located, a request-demand on the need to allocate additional limits of budget obligations (budget appropriations) and (or) the amount of financing of expenses in order to execute the executive document, indicating the date of its receipt by the Federal Treasury.

6. The state authority (state body) exercising the budgetary powers of the main manager (manager) of federal budget funds, within three months from the date of receipt of the executive document by the Federal Treasury, ensures the allocation of limits for budget obligations (budget appropriations) and (or) the amount of financing of expenses in accordance with the request-requirement.

7. The debtor is obliged to submit to the Federal Treasury a payment document for the transfer in the prescribed manner of funds for the full or partial execution of the executive document no later than the next business day after the date of receipt in the prescribed manner of the limits of budget obligations (budget appropriations) and (or) the amount of financing of expenses for the corresponding codes of the budget classification of the Russian Federation in accordance with the first paragraph of clause 3 of this article.

If the debtor fails to fulfill the requirements established by this clause, the Federal Treasury body shall suspend, until the violation is eliminated, operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, opened with this body of the Federal Treasury (with the exception of operations for the execution executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment contract (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified settlements), with notification of the debtor and its structural (separate) subdivisions.

8. In case of non-execution within three months from the date of receipt of the executive document by the Federal Treasury body, as well as in case of violation by the debtor of the payment deadline specified by him in accordance with paragraph 4 of this article, according to the executive document providing for payments of a periodic nature, the Federal Treasury body suspends until from the moment the violation is eliminated, the implementation of operations to spend funds on all personal accounts of the debtor, including the personal accounts of its structural (separate) divisions, opened with this body of the Federal Treasury (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or the issuance of funds for settlements on wages with persons working under an employment contract (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with these calculations) with notification of the debtor and its structural (separate) subdivisions.

Operations on the debtor's personal accounts are not suspended upon presentation by the debtor to the Federal Treasury of a document confirming the execution of a writ of execution, a document on deferral, installment plan or postponement of the execution of judicial acts or a document repealing or suspending the execution of a judicial act on the basis of which the writ of execution was issued.

If the debtor fails to execute the executive document within three months from the date of its receipt by the Federal Treasury body, the said body shall inform the recoverer of this within 10 days.

9. Upon receipt by the body of the Federal Treasury of the claimant's application to revoke the writ of execution, the said body shall return to the claimant the fully or partially unexecuted writ of execution, indicating in the cover letter the reason for its non-execution.

Upon receipt of the claimant's application for the withdrawal of the executive document to the Federal Treasury during the period of suspension of operations on spending funds on the personal accounts of the debtor (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or issuance of funds for settlements under wages with persons working under an employment contract (contract), the transfer of withheld taxes and the payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), the specified body notifies the debtor of the cancellation of the suspension of operations on the debtor's personal accounts, and returns the executive document to the recoverer in in the manner specified in the first and second paragraphs of this clause.

10. If the court satisfies the claimant's application for the recovery of funds from the state authority (state body) exercising the budgetary powers of the main manager (manager) of the federal budget funds, in the manner of subsidiary liability on the basis of a fully or partially unfulfilled executive document for the monetary obligations of the conducted by the recipient of federal budget funds, an executive document on the recovery of funds from the state authority (state body) exercising the budgetary powers of the main manager (manager) of federal budget funds is sent to the Federal Treasury at the place of opening a personal account for the main manager of federal budget funds as the recipient of federal funds budget for execution in the manner prescribed by this Code.

11. The body of the Federal Treasury, upon full execution of the writ of execution, sends the writ of execution with a note on the amount of the transferred amount to the court that issued this document.

12. The body of the Federal Treasury keeps records and stores executive documents and other documents related to their execution in the manner established by the Federal Treasury.

13. If accounts are opened for the debtor in an institution of the Central Bank of the Russian Federation or in a credit institution, the enforcement document is executed in accordance with the legislation of the Russian Federation on enforcement proceedings.

Article 242.4. Execution of judicial acts providing for foreclosure on the funds of the budget of a constituent entity of the Russian Federation for monetary obligations of state institutions of a constituent entity of the Russian Federation

1. An executive document providing for foreclosure on the funds of the budget of a constituent entity of the Russian Federation for the monetary obligations of its public institution - a debtor, is sent by the court at the request of the exactor or by the exactor himself, together with the documents specified in paragraph 2 of Article 242.1 of this Code, to the body exercising, in accordance with with this Code, the opening and maintenance of a personal account of a state institution of a constituent entity of the Russian Federation, at the place of opening personal accounts for the debtor as a recipient of budget funds of a constituent entity of the Russian Federation for accounting operations for the execution of expenses of the budget of a constituent entity of the Russian Federation (hereinafter in this article - personal accounts of the debtor).

2. The body that opens and maintains personal accounts of state-owned institutions of a constituent entity of the Russian Federation, no later than five working days after receiving the writ of execution, sends the debtor a notification of the receipt of the writ of execution and the date of its acceptance for execution, attaching a copy of the judicial act and the claimant's statement.

If there are grounds specified in paragraphs 3 and 4 of Article 242.1 of this Code, the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation returns executive documents with all the annexes to them received without execution within five working days from the date of their receipt indicating the reason for the return.

3. The debtor, within 10 working days from the date of receipt of the notification, submits to the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation, information on the source of debt formation and on the codes of the budget classification of the Russian Federation, according to which budget expenditures of the constituent entity of the Russian Federation should be made. Federation for the execution of an executive document in relation to the budget classification of the Russian Federation of the current financial year.

If payments for the execution of an executive document are of a periodic nature, the debtor, along with the information specified in the first paragraph of this clause, submits to the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation, information on the date of the monthly payment for this executive document.

For the execution of an executive document at the expense of the budget of a constituent entity of the Russian Federation, the debtor, simultaneously with the information specified in paragraph one of this clause, submits to the body that opens and maintains personal accounts of state institutions of the constituent entity of the Russian Federation, a payment order for transferring funds in the amount of full or partial execution executive document within the balance of the amount of financing of expenses reflected on its personal account of the recipient of budget funds of the constituent entity of the Russian Federation, according to the corresponding codes of the budget classification of the Russian Federation.

If the debtor violates the requirements established by this article, the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation shall suspend, until the violation is eliminated, the implementation of operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, open in this body that opens and maintains personal accounts of state-owned institutions of the constituent entities of the Russian Federation (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents that provide for the transfer or issuance of funds for payroll settlements with persons working on a labor agreement (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), with notification of the debtor and its structural (separate) divisions.

4. In the absence or insufficiency of the corresponding limits of budget obligations (budget appropriations) and (or) the amount of financing of expenses for the full execution of the executive document, the debtor sends the state authority exercising the budgetary powers of the main manager (manager) of the budget funds of the constituent entity of the Russian Federation, in whose jurisdiction he is located, a request-requirement on the need to allocate to him additional limits of budget obligations (budget appropriations) and (or) the amount of financing of expenses in order to execute the executive document, indicating the date of its receipt by the body that opens and maintains personal accounts of state institutions of the constituent entity of the Russian Federation.

5. The state authority exercising the budgetary powers of the main manager (manager) of the budget funds of a constituent entity of the Russian Federation, within three months from the date of receipt of the executive document by the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation, ensures the allocation of limits for budget obligations (budget appropriations) and (or) the amount of financing of expenses in accordance with the request-requirement.

6. The debtor is obliged to submit to the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation a payment order for transferring funds in accordance with the established procedure for the full or partial execution of the executive document no later than the next business day after the date of receipt in the prescribed manner of the limits of budget obligations ( budget appropriations) and (or) the amount of financing of expenses according to the corresponding codes of the budget classification of the Russian Federation in accordance with paragraph one of clause 3 of this article.

If the debtor fails to comply with the requirements established by this paragraph, the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation shall suspend, until the violation is eliminated, operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, open in this body that opens and maintains personal accounts of state-owned institutions of the constituent entities of the Russian Federation (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents that provide for the transfer or issuance of funds for payroll settlements with persons working on a labor agreement (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), with notification of the debtor and its structural (separate) divisions.

7. If the debtor fails to fulfill within three months from the date of receipt of the executive document by the body that opens and maintains personal accounts of state institutions of the constituent entity of the Russian Federation, as well as if the debtor violates the payment deadline specified by him in accordance with paragraph 3 of this article, according to the executive document providing for payments of a periodic nature, this body suspends, until the violation is eliminated, the implementation of operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, opened with this body that opens and maintains personal accounts of state institutions of the constituent entities of the Russian Federation (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or issuance of funds for payroll settlements with persons working under an employment agreement (contract), recalculation of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), with notification of the debtor and its structural (separate) divisions.

Operations on the debtor's personal accounts are not suspended upon presentation by the debtor to the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation, a document confirming the execution of an executive document, a document on deferral, installment plan or postponement of the execution of judicial acts or a document canceling or suspending enforcement of the judicial act on the basis of which the writ of execution was issued.

If the debtor fails to execute the executive document within three months from the date of its receipt by the body that opens and maintains personal accounts of state institutions of the constituent entity of the Russian Federation, the said body informs the recoverer about this within 10 days.

8. Upon receipt by the body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation, the claimant's application to revoke the executive document, the specified body returns to the recoverer the fully or partially unexecuted executive document, indicating in the cover letter the reason for its non-execution.

In case of partial execution by the debtor of the executive document, the specified document is returned to the recoverer with a note on the amount of the transferred amount.

Upon receipt of the claimant's application for the withdrawal of the executive document to the body that opens and maintains personal accounts of state institutions of the subject of the Russian Federation, during the period of suspension of operations for spending funds on the personal accounts of the debtor (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or issuance of funds for payroll settlements with persons working under an employment contract (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified settlements), the specified body notifies the debtor of the cancellation of the suspension of operations on the personal accounts of the debtor, and the executive document is returned to the recoverer in the manner specified in the first and second paragraphs of this clause.

9. If the court satisfies the claim of the recoverer for the recovery of funds from the state authority exercising the budgetary powers of the main manager (manager) of the budget funds of the constituent entity of the Russian Federation, in the manner of subsidiary liability on the basis of a fully or partially unfulfilled executive document for the monetary obligations of the recipient under his control funds of the budget of a constituent entity of the Russian Federation, an executive document on the recovery of funds from a public authority exercising budgetary powers of the main manager (manager) of budget funds of a constituent entity of the Russian Federation is sent to the authority at the place of opening a personal account for the main manager of budget funds of a constituent entity of the Russian Federation as a recipient of budget funds of a constituent entity of the Russian Federation Federation for execution in the manner prescribed by this Code.

10. The body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation, upon execution of the executive document in full, sends the executive document with a note on the amount of the transferred amount to the court that issued this document.

11. The body that opens and maintains personal accounts of state institutions of a constituent entity of the Russian Federation keeps records and stores enforcement documents and other documents related to their execution in the manner established by it.

12. If accounts are opened for the debtor in an institution of the Central Bank of the Russian Federation or in a credit institution, the enforcement document is executed in accordance with the legislation of the Russian Federation on enforcement proceedings.

Article 242.5. Execution of judicial acts providing for foreclosure on local budget funds for monetary obligations of municipal state institutions

1. An executive document providing for foreclosure on the local budget funds for the monetary obligations of its public institution - the debtor, is sent by the court at the request of the exactor or by the exactor himself, together with the documents specified in paragraph 2 of Article 242.1 of this Code, to the body that opens and maintains a personal accounts of a municipal government institution, at the place of opening personal accounts for the debtor as the recipient of local budget funds to account for operations on the execution of local budget expenditures.

2. The body that opens and maintains personal accounts of municipal state institutions, no later than five working days after receiving the writ of execution, sends the debtor a notice of receipt of the writ of execution and the date of its acceptance for execution, attaching a copy of the judicial act and the claimant's statement.

If there are grounds specified in paragraphs 3 and 4 of Article 242.1 of this Code, the body that opens and maintains personal accounts of municipal government institutions returns executive documents with all annexes to them to the recoverer without execution within five working days from the date of their receipt, indicating reasons for the return.

3. The debtor, within 10 working days from the date of receipt of the notification, submits to the body that opens and maintains personal accounts of municipal state institutions, information on the source of debt formation and on the codes of the budget classification of the Russian Federation, according to which local budget expenditures must be made for the execution of the executive document in relation to the budget classification of the Russian Federation of the current financial year.

If payments for the execution of an executive document are of a periodic nature, the debtor, along with the information specified in paragraph one of this paragraph, submits to the body that opens and maintains personal accounts of municipal government institutions, information on the date of the monthly payment for this executive document.

For the execution of the executive document at the expense of the local budget, the debtor, along with the information specified in paragraph one of this paragraph, submits to the body that opens and maintains personal accounts of municipal government institutions, a payment order for the transfer of funds in the amount of full or partial execution of the executive document within the balance of the volume of financing of expenses reflected on his personal account of the recipient of local budget funds, according to the corresponding codes of the budget classification of the Russian Federation.

If the debtor violates the requirements established by this paragraph, the body that opens and maintains personal accounts of municipal government institutions shall suspend, until the violation is eliminated, spending operations on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, opened in this the body that opens and maintains personal accounts of municipal government institutions (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents that provide for the transfer or issuance of funds for payroll settlements with persons working under an employment contract (contract) , transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), with notification of the debtor and its structural (separate) divisions.

4. In the absence or insufficiency of the corresponding limits of budgetary obligations (budget appropriations) and (or) the amount of financing of expenses for the full execution of the executive document, the debtor sends to the local government body exercising budgetary powers the main manager (manager) of the local budget funds in whose jurisdiction it is, a request-demand on the need to allocate to him additional limits of budgetary obligations (budget allocations) and (or) the amount of financing of expenses in order to execute the executive document, indicating the date of its receipt by the body that opens and maintains personal accounts of municipal state institutions.

5. The local self-government body exercising the budgetary powers of the main manager (manager) of the local budget funds, within three months from the date of receipt of the executive document by the body that opens and maintains personal accounts of municipal state institutions, ensures the allocation of limits for budget obligations (budget appropriations) and ( or) the amount of financing of expenses in accordance with the request-requirement.

6. The debtor is obliged to submit to the body that opens and maintains personal accounts of municipal government institutions, a payment order for the transfer in the prescribed manner of funds for the full or partial execution of the executive document no later than the next working day after the date of receipt in the prescribed manner of the limits of budget obligations (budget appropriations ) and (or) the amount of financing of expenses according to the corresponding codes of the budget classification of the Russian Federation in accordance with the first paragraph of paragraph 3 of this article.

If the debtor fails to comply with the requirements established by this paragraph, the body that opens and maintains personal accounts of municipal state institutions shall suspend, until the violation is eliminated, operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, opened in this the body that opens and maintains personal accounts of municipal government institutions (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents that provide for the transfer or issuance of funds for payroll settlements with persons working under an employment contract (contract) , transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), with notification of the debtor and its structural (separate) divisions.

7. If the debtor fails to fulfill within three months from the date of receipt of the executive document by the body that opens and maintains personal accounts of municipal government institutions, as well as if the debtor violates the payment deadline specified by him in accordance with paragraph 3 of this article, according to the executive document providing payments of a periodic nature, this body suspends, until the violation is eliminated, the implementation of operations to spend funds on all personal accounts of the debtor, including personal accounts of its structural (separate) divisions, opened with this body that opens and maintains personal accounts of municipal state institutions (with the exception of operations on the execution of executive documents, decisions of tax authorities, as well as payment documents providing for the transfer or issuance of funds for payroll settlements with persons working under an employment agreement (contract), transfer of withheld taxes and payment of accrued insurance premiums for compulsory social insurance in connection with the specified calculations), with notification of the debtor and its structural (separate) divisions.

Operations on the personal accounts of the debtor are not suspended upon presentation by the debtor to the body that opens and maintains personal accounts of municipal state institutions, a document confirming the execution of an executive document, a document on deferral, installment plan or postponement of the execution of judicial acts or a document canceling or suspending the execution of a judicial the act on the basis of which the executive document was issued.

If the debtor fails to execute the executive document within three months from the date of its receipt by the body that opens and maintains personal accounts of municipal government institutions, the said body informs the recoverer about this within 10 days.

8. Upon receipt by the body that opens and maintains personal accounts of municipal state institutions, the claimant's application for the withdrawal of the executive document, the specified body returns the fully or partially unexecuted executive document to the recoverer, indicating in the cover letter the reason for its non-execution.

In case of partial execution by the debtor of the executive document, the specified document is returned to the recoverer with a note on the amount of the transferred amount.

Upon receipt of the claimant's application for revocation of the executive document to the body that opens and maintains personal accounts of municipal government institutions, during the period of suspension of operations for spending funds on the personal accounts of the debtor (with the exception of operations for the execution of executive documents, decisions of tax authorities, as well as payment documents, providing for the transfer or issuance of funds for settlements on wages with persons working under an employment contract (contract), the transfer of withheld taxes and the payment of accrued insurance premiums for compulsory social insurance in connection with these settlements), the specified body shall notify the debtor of the cancellation of the suspension of operations on personal accounts of the debtor, and the executive document returns to the recoverer in the manner specified in the first and second paragraphs of this paragraph.

9. If the court satisfies the claimant's application for the recovery of funds from the local self-government body exercising the budgetary powers of the main manager (manager) of the local budget funds, in the manner of subsidiary liability on the basis of a fully or partially unfulfilled executive document for the monetary obligations of the recipient of local funds under its jurisdiction of the budget, an executive document on the recovery of funds from the local government body exercising budgetary powers of the main manager (manager) of local budget funds is sent to the body at the place of opening a personal account for the main manager of local budget funds as the recipient of local budget funds for execution in the manner established by this Code.

10. The body that opens and maintains personal accounts of municipal government institutions, upon execution of the executive document in full, sends the executive document with a note on the amount of the transferred amount to the court that issued this document.

11. The body that opens and maintains personal accounts of municipal government institutions keeps records and stores executive documents and other documents related to their execution in the manner prescribed by it.

12. If accounts are opened for the debtor in an institution of the Central Bank of the Russian Federation or in a credit institution, the enforcement document is executed in accordance with the legislation of the Russian Federation on enforcement proceedings.

Active Edition from 30.06.2009

Document name	FEDERAL LAW No. 142-FZ of June 30, 2009 "ON AMENDING THE FEDERAL LAW "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"
Type of document	law
Host body	president of the rf, cd rf, sf rf
Document Number	142-FZ
Acceptance date	01.01.1970
Revision date	30.06.2009
Date of registration in the Ministry of Justice	01.01.1970
Status	valid
Publication	document in in electronic format FAPSI, STC "System" "Russian newspaper", N 119, 02.07.2009 "Collection of Legislation of the Russian Federation", N 27, 07/06/2009, art. 3265 "Financial newspaper", N 29, 2009
Navigator	Notes

FEDERAL LAW No. 142-FZ of June 30, 2009 "ON AMENDING THE FEDERAL LAW "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"

a) point 3 add the following paragraph:

" When determining P Kp, insurance premiums taken into account when adjusting the size of the insurance part are not taken into account labor pension for old age or the insurance part of the labor disability pension in accordance with paragraph 5 of this article.

b) point 5 to read as follows:

"5. The amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension of persons receiving the specified part of these labor pensions (with the exception of persons entitled to establish (recalculate) the share of the insurance part of the labor pension in the manner prescribed by Article 17.1 of this Federal law), from August 1 of each year is subject to adjustment according to the data of individual (personalized) accounting in the system of compulsory pension insurance based on information on the amount of insurance premiums received in Pension Fund of the Russian Federation and not taken into account when determining the amount of the estimated pension capital for calculating the size of this part of the old-age labor pension or labor disability pension when they are assigned, transferred from one type of labor pension to an old-age labor pension or labor disability pension or from another pension for an old-age labor pension or a labor disability pension, recalculated in accordance with paragraphs 3 and 4 of this article and the previous adjustment provided for in this paragraph.

The amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is adjusted according to the formula:

MF \u003d C Chp + P Kr / (T x K), where

SCH - the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension;

C n - the established amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension as of July 31 of the year in which the corresponding adjustment is made;

P Kr - the amount of the estimated pension capital as of July 1 of the year in which the corresponding adjustment is made;

T - the number of months of the expected period for the payment of an old-age labor pension (clause 7 of Article 14 of this Federal Law) or a labor disability pension as of July 31 of the year in which the corresponding adjustment is made;

K - coefficient for calculating the size of the old-age labor pension, equal to 1, and for calculating the size of the labor disability pension - the ratio specified in paragraph 3 of Article 15 of this Federal Law. However, the standard duration insurance experience disabled person is taken into account as of August 1 of the year in which the corresponding adjustment is made.

A pensioner may refuse to adjust the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension, made in accordance with this paragraph, by submitting an appropriate application.

The amount of the insurance part of the labor pension in case of loss of the breadwinner from August 1 of the year following the year in which the labor pension in case of loss of the breadwinner was assigned is subject to adjustment according to the data of individual (personalized) accounting in the system of compulsory pension insurance based on information on the amount of insurance premiums , received by the Pension Fund of the Russian Federation and not taken into account when determining the amount of the estimated pension capital of the deceased breadwinner for calculating the size of the insurance part of the labor pension in the event of the loss of the breadwinner when it was appointed.

The size of the insurance part of the labor pension in case of loss of a breadwinner is adjusted according to the formula:

MF \u003d C Chp + P Kr / (T x K) / KN, where

SCh - the size of the insurance part of the labor pension in case of loss of the breadwinner;

C n - the established amount of the insurance part of the labor pension in case of loss of the breadwinner as of July 31 of the year in which the corresponding adjustment is made;

P Kr - the amount of the estimated pension capital of the deceased breadwinner, not taken into account as of the day of his death;

T - the number of months of the expected period for the payment of an old-age pension (Item 5 of Article 14 of this Federal Law);

K - the ratio of the normative duration of the insurance experience of the breadwinner (in months) as of the day of his death to 180 months. The normative duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by 4 months for each full year of age starting from 19 years, but not more than 180 months;

KN - the number of disabled members of the family of the deceased breadwinner who are recipients of the specified pensions established in connection with the death of this breadwinner, as of August 1 of the year in which the corresponding adjustment is made.

For children specified in subparagraph 1 of paragraph 2 of Article 9 of this Federal Law who have lost both parents, the amount of each insurance part of the labor pension in the event of the loss of a breadwinner is subject to adjustment in the manner prescribed by this paragraph, based on the amount of the estimated pension capital of each of the deceased parents, not taken into account as of the day of their death.";

5) in paragraph 1 of Article 17.1, the words "(instead of recalculating the insurance part of the relevant labor pension, provided for in paragraph 3 of Article 17 of this Federal Law)" shall be replaced by the words "(instead of recalculating or adjusting the amount of the insurance part of the corresponding labor pension, provided for in paragraphs 3 and 5 of Article 17 of this Federal Law)" , the words "recalculation of the insurance part of the relevant labor pension, provided for in paragraph 3 of Article 17 of this Federal Law" shall be replaced by the words "recalculation or adjustment of the amount of the insurance part of the relevant labor pension, provided for in paragraphs 3 and 5 of Article 17 of this Federal Law".

President of Russian Federation
D. MEDVEDEV

Moscow Kremlin

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