Civil Code of Russia: Difference between revisions

The Civil Code of the Russian Federation came into force in four parts. The first part, which deals with general provisions (i.e. defines sources, names [[Juristic person|legal entityentities]], etc.) was enacted by the [[State Duma]] in 1994 and entered into force in 1995. The second part (dealing with the [[Law of obligations]]) entered into force in 1996. The third part ([[inheritance|Succession law]]) entered into force in 2002. The document has certain basic principles: equality of all participants guaranteed by civil law;, inviolability of private property, [[freedom of contract]], free exercise of civil rights, and juridical protection of [[civil rights]].

[[Copyright law of the Russian Federation#Part IV of the Civil Code|The fourth part]], dealing with [[intellectual property]], was [[Signed into law#Approval|signed into law]] on December 18, 2006 and came into force on January 1, 2008. Part IV became the first in the world truly fullcomplete [[codification (law)|codification]] of the legislation on [[intellectual property.]] in the world.

** Section IV: Specific types of [[Law of obligations|obligation]]s

** Section V: [[Inheritance law of Russia|Succession law]]

Unlike most European civil codes, the Russia's Civil Code does not cover [[family law]]. Instead, family law is dealt with in a [[Family Code of Russia|separate code]].

Since its foundation as an independent successor state of the former Soviet Union, the Russian Federation had been engaged in a large legislative project of developing a new Civil Code. In July [[1994]], President [[Boris Yeltsin]] signed a decree authorizing the "Establishment and Development of Private Law in Russia" program.<ref>{{ru icon}} {{Citation |url=http://www.jurbase.ru/texts/sector162/tez62700.htm |title=Указ Президента РФ от 7 июля 1994 г. N 1473 «"О программе «"Становление и развитие частного права в России»" |language=ru |access-date=2008-03-22 |archive-url=https://web.archive.org/web/20111003141111/http://www.jurbase.ru/texts/sector162/tez62700.htm |archive-date=2011-10-03 |url-status=dead }}</ref> The program called for a group of legal researchers, led by [[Sergei AlekseevAlexeyev]], to create a new civil code for the nation. Initially, Russian politicians on all sides of the political spectrum opposed the idea of a Civil Code.<ref name="alekseev interview">{{ru icon}} {{Citation |url=http://www.uran.ru/gazetanu/2003/06/nu13/wvmnu_p4_13_062003.htm |script-title=ru:Через испытания — к истине Права |date=June [[2003]] |last=Fan |first=Irina |periodical=Nauka Urala |volume=13 |issue=841|language=ru}}</ref> It took significant effort to get first part of the Code approved by the State Duma — while the [[Federation Council of Russia|Federation Council]] voted ''against'' the Code. However, the Federation Council took longer than allowed by the [[Constitution of Russia|Constitution]] to come to its decision. This allowed Yeltsin to sign the Code into law. In other words, as Sergei AlekseevAlexeyev put it, the Civil Code became law almost "by accident".<ref name="alekseev interview"/>It is necessary to remember, that Civil Code is changing sometimes every week. Lawyers have to search last edition of this Code, e.g. on official sites as [http://www.rg.ru Rossiyskaya gazeta, the official newspaper of Russian Government] or [http://eng.kremlin.ru/acts Acts on Russian President's site].

==See also==

*Full text English translation of [http://www.russian-civil-code.com parts 1 to 3 of the Civil Code of the Russian Federation]. Old edition on December 23, 2003, after this date many changingschanges were made.

*Full text English translation of [https://web.archive.org/web/20111012141658/http://www.rupto.ru/en_site/policy_law/Civil_Code.pdf part 4 of the Civil Code of the Russian Federation] made by [[Rospatent]] in 2011.