The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 2. Arising of the Civil Rights and Duties, Exercising and Protectionof the Civil Rights
Article 8. The Grounds for the Arising of the Civil Rights and Duties
1. The civil rights and duties shall arise from the grounds, stipulated by the law and by the other legal acts, as well as from the actions of the citizens and of the legal entities, which, though not stipulated by the law or by such acts, still generate, by force of the general principles and of the meaning of the civil legislation, the civil rights and duties. In conformity with this, the civil rights and duties shall arise: 1) from the law-stipulated contracts and other deals, and also from the contracts and other deals, which, though not stipulated by the law, are not in contradiction with it;
2) from the acts of the state bodies and of the local self-government bodies, which are stipulated by the law as the grounds for the arising of the civil rights and duties;
3) from the court ruling, which has established the civil rights and duties;
4) as a result of the acquisition of property on the grounds, admitted by the law;
5) as a result of creating the works of science, literature and art, of making inventions and producing other results of the intellectual activity;
6) as a result of inflicting damage to another person;
7) as a consequence of an unjust enrichment;
8) because of other actions performed by the citizens and the legal entities;
9) as a result of the events, with which the law or the other legal act connects the arising of the civil legislation consequences.
2. The rights to the property, liable to the state registration, shall arise from the moment of the registration of the corresponding rights to it, unless otherwise stipulated by the law.
Article 9. Exercising of the Civil Rights
1. The citizens and the legal entities shall exercise the civil rights they possess at their own discretion.
2. The refusal of the citizens and of the legal entities to exercise the civil rights they possess shall not entail the termination of these rights, with the exception of the law-stipulated cases.
Article 10. The Limits of Exercising the Civil Rights
1. Not admissible shall be actions by the citizens and the legal entities, performed with the express purpose of inflicting damage to another person, as well as the abuse of the civil rights in other forms. Not admissible shall also be the use of the civil rights for the purpose of restricting the competition, as well as the abuse of the dominating position on the market.
2. In case of the person not abiding by the requirements, stipulated in Item 1 of the present Article, the court of justice, the arbitration court or the arbitration tribunal shall have the right to reject this person's claim for the protection of the right he possesses.
3. In the cases when the law makes the protection of the civil rights dependent on whether these rights have been exercised in wisdom and honesty, the wisdom of actions and the honesty of the participants in the civil legal relations shall be presumed.
Article 11. Protection of the Civil Rights in the Court
1. The violated or disputed civil rights shall be protected by the court of justice, the arbitration court or the arbitration tribunal (hereinafter referred to as the court), in conformity with the liability of the cases to these bodies' jurisdiction, established by the procedural legislation.
2. Protection of the civil rights in the administrative order shall be effected only in the law-stipulated cases. The decision, adopted administratively, may be appealed against in the court.
Article 12. The Ways of Protecting the Civil Rights
The civil rights shall be protected by way of:
- the recognition of the right;
- the restoration of the situation, which existed before the given right was violated, and the suppression of the actions that violate the right or create the threat of its violation;
- the recognition of the disputed deal as invalid and the implementation of the consequences of its invalidity, and the implementation of the consequences of the invalidity of an insignificant deal;
- the recognition as invalid of an act of the state body or of the local self-government body;
- the self-defence of the right;
- the ruling on the execution of the duty in kind;
- the compensation of the losses;
- the exaction of the forfeit;
- the compensation of the moral damage;
- the termination or the amendment of the legal relationship;
- the non-application by the court of an act of the state body or of the local self-government body, contradicting the law;
- using the other law-stipulated methods.
Article 13. Recognition as Invalid of an Act of the State Body or of the Local Self-Government Body
A non-normative act of the state body or of the local self-government body, and also, in the law-stipulated cases, a normative act, which does not correspond to the law or to the other legal acts and which violates the civil rights and the law-protected interests of the citizen or of the legal entity, may be recognized by the court as invalid.
In case the act has been recognized by the court as invalid, the violated right shall be liable to restoration or to protection by the other means, stipulated by Article 12 of the present Code.
Article 14. The Self-Defence of the Civil Rights
The self-defence of the civil rights shall be admissible.
The methods of the self-defence shall be proportionate to the violation and shall not go beyond the limits of actions that are necessary to suppress it.
Article 15. Compensation of the Losses
1. The person, whose right has been violated, shall be entitled to demand the full recovery of the losses inflicted upon him, unless the recovery of losses in a smaller amount has been stipulated by the law or by the agreement.
2. Under the losses shall be understood the expenses, which the person, whose right has been violated, made or will have to make to restore the violated right, the loss or the damage done to his property (the compensatory damage), and also the undeceived profits, which this person would have derived under the ordinary conditions of the civil turnover, if his right were not violated (the missed profit). If the person, who has violated the right of another person, has derived profits as a result of this, the person, whose right has been violated, shall have the right to claim, alongside with the compensation of his other losses, also the compensation of the missed profit in the amount not less than such profits.
Article 16. Compensation of the Losses Caused by the State Bodies and by the Local Self-Government Bodies
The losses, inflicted upon the citizen or upon the legal entity as a result of illegal actions (the inaction) on the part of the state bodies, of the local self-government bodies or of the officials thereof, including the issue by the state body or by the local self-government body of an act, which is not in correspondence with the law or with the other legal act, shall be liable to compensation by the Russian Federation, by the corresponding subject of the Russian Federation, or by the municipal entity.
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