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 6. The General Provisions
Article 128. The Kinds of the Objects of Civil Rights
To the objects of civil rights shall be referred the things, among them money and securities, and also the other kinds of the property, such as the rights of property; the works and services; information; the results of intellectual activities, including the exclusive right to these (the intellectual property); the non-material values.
Article 129. The Circulation Capacity of the Objects of Civil Rights
1. The objects of civil rights may be freely alienated or may pass from one person to another by way of the universal legal succession (by inheritance or as a result of the reorganization of the legal entity), or in another way, if they have not been withdrawn from circulation or restricted in the circulation.
2. The kinds of the objects of civil rights, whose circulation shall not be admitted (the objects, withdrawn from circulation), shall be directly pointed out in the law. The kinds of the objects of civil rights, which may only be possessed by definite participants in the circulation, or whose being in the circulation shall be admitted by a special permit (the objects with a restricted circulation capacity), shall be defined in accordance with the law-established procedure.
3. The land and the other natural resources shall be alienated or shall pass from one person to another in other ways so far as their circulation is admissible in conformity with the laws on the land and on the other natural resources.
Article 130. The Movables and the Immovables
1. To the immovables (the immovable property, realty) shall be referred the land plots, the land plots with mineral deposits, the set-apart water objects and everything else, which is closely connected with the land, i.e., such objects as cannot be shifted without causing an enormous damage to their purpose, including the forests, the perennial green plantations, the buildings and all kind of structures. To the immovables shall also be referred the air-borne and sea-going vessels, the inland navigation ships and the space objects. The law may also refer to the immovables certain other property.
2. The things, which have not been referred to the immovables, including money and securities, shall be regarded as the movables. The registration of the rights to the movables shall not be required, with the exception of the cases, pointed out in the law.
Article 131. The State Registration of the Realty
1. The right of ownership and the other rights of estate to the immovables, the restriction of these rights, their arising, transfer and cessation shall be liable to the state registration in the Unified State Register, effected by the institutions of justice. Subject to the registration shall be: the right of ownership, the right of economic management, the right of operative management, the right of the inherited life possession, the right of the permanent use, the mortgage, the servitudes, and also the other rights in the cases, stipulated by the present Code and by the other laws.
2. In the law-stipulated cases, alongside the state registration, may be effected the special registration or the registration of the individual kinds of the realty.
3. The body, effecting the state registration of the rights to the realty and the deals with it, shall be obliged, upon the request of the owner of the rights, to certify the effected registration by issuing a document on the registered right or deals, or by making a superscription on the document, presented for registration.
4. The body, effecting the state registration of the rights to the realty and to the deals with it, shall be obliged to provide information on the effected registration and on the registered rights to any person. The information shall be issued in any one body, engaged in the registration of the realty, regardless of the place of effecting the registration.
5. The refusal of the state registration of the right to the realty or of the deal with it, or the evasion by the corresponding body from registering these, may be appealed against in the court.
6. The order of the state registration and the grounds for the refusal thereof shall be established in conformity with the present Code by the Law on the Registration of the Rights to the Realty and the Deals with It.
Article 132. The Enterprise
1. The enterprise as an object of rights shall be recognized as a property complex, used for the performance of business activities. The enterprise in its entirety as a property complex shall be recognized as the realty.
2. The enterprise as a whole or a part thereof may be an object of the purchase and sale, of the mortgage, the lease and of the other deals, connected with the establishment, the change and the cessation of the rights of estate. Within the enterprise as a property complex shall be included all kinds of the property, intended for the performance of its activities, including the land plots, the buildings, the structures, the equipment, the implements, the raw materials, the products, the rights, the claims and the debts, and also the rights to the symbols, individualizing the given enterprise, its products, works and services (such as the trade name, the trade and the service marks), as well as the other exclusive rights, unless otherwise stipulated by the law or by the agreement.
Article 133. The Indivisible Things
The thing, whose division in kind is impossible without changing its purpose, shall be interpreted as indivisible.
The specifics of apportioning a share in the right of ownership to the indivisible thing shall be defined by the rules, laid down in Articles 252 and 258 of the present Code.
Article 134. The Composite Things
In case a single whole is formed of heterogeneous things, presupposing their use for a single purpose, they shall be regarded as a single thing (a composite thing).
The effect of the deal, made with respect to a composite thing, shall concern all its component parts, unless otherwise stipulated by the agreement.
Article 135. The Principal Thing and Its Accessory
The thing, intended for the servicing of another thing - the principal one - and connected with it by the common purpose (an accessory), shall share the fate of the principal thing, unless otherwise stipulated by the agreement.
Article 136. The Fruits, Products and Incomes
The receipts, resulting from the use of the property (the fruits, products and incomes), shall belong to the person, who has been using this property on the legal grounds, unless otherwise stipulated by the law, by the other legal acts or by the agreement on the use of the said property.
Article 137. The Animals
Toward the animals shall be applied the general rules on the property, unless otherwise stipulated by the law or by the other legal acts.
While exercising the rights, a cruel treatment of the animals, contradicting the principles of humanity, shall not be admitted.
Article 138. The Intellectual Property
In the cases and in conformity with the procedure, established by the present Code and by the other laws, an exclusive right (the intellectual ownership) of the citizen or of the legal entity shall be recognized to the results of the intellectual activity and the means of the individualization of the legal entity, of the manufactured products, of the performed works and of the rendered services (the trade name, the trade and the service mark, etc.), equalized with them.
The use of the results of the intellectual activity and of the means of individualization, which are the object of the exclusive rights, may be effected by the third persons only upon the consent of the owner of the rights.
Article 139. The Official and the Commercial Secret
1. The information shall be regarded as an official or a commercial secret, if it presents an actual or a potential commercial value because of its being unknown to the third persons, if there is no free access to it on legal grounds and if its owner is taking measures to protect its confidentiality. The data, which shall not be regarded as an official or a commercial secret, shall be defined by the law and by the other legal acts.
2. The information, which is an official or a commercial secret, shall be protected in the ways, stipulated by the present Code and by the other laws. The persons, who have obtained by illegal methods the information, which is an official or a commercial secret, shall be obliged to recompense the inflicted losses. The same obligation shall be imposed upon the workers, who have divulged an official or a commercial secret despite the labour agreement, including the contract, and upon the counteragents, who have done so despite the civil law agreement.
Article 140. The Money (Hard Currency)
1. The rouble shall be the legal means of payment, which shall be accepted by its face value on the entire territory of the Russian Federation. The payments on the territory of the Russian Federation shall be effected both in cash and cashless.
2. The cases of, the procedure and the terms for the use of foreign currency on the territory of the Russian Federation shall be defined by the law or in conformity with the established order.
Article 141. The Currency Valuables
The kinds of property, recognized as the currency valuables, and the order established for the deals made with them, shall be defined by the Law on the Currency Regulation and the Currency Control.
The right of ownership to the currency valuables shall be protected in the Russian Federation on the general grounds.
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