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 15. The Cessation of the Right of Ownership
Article 235. The Grounds for the Cessation of the Right of Ownership
1. The right of ownership shall cease with the alienation by the owner of his property in favour of the other persons, with the owner's renouncement of his right of ownership, with the perish or the destruction of the property and with the loss of the right of ownership in the other law-stipulated cases.
2. The forcible withdrawal of the property from the owner shall not be admitted, with the exception of the cases, when, on the law-stipulated grounds, shall be effected: 1) the turning of the penalty onto the property by the obligations (Article 237);
2) the alienation of the property, which by force of the law may not be owned by the given person (Article 238);
3) the alienation of the realty in connection with the withdrawal of the land plot (Article 239);
4) the redemption of the mismanaged cultural values and of domestic animals (Articles 240 and 241);
5) the requisition (Article 242);
6) the confiscation (Article 243);
7) the alienation of the property in the cases, stipulated by Item 4, Article 252, by Item 2, Article 272, and by Articles 282, 285 and 293 of the present Code.
By the owner's decision and in conformity with the procedure, stipulated by the laws on the privatization, the property, which is in the state or in the municipal ownership, shall be alienated into the ownership of the citizens and of the legal entities.
The turning into the state ownership of the property, which is in the ownership of the citizens and of the legal entities (the nationalization), shall be effected on the ground of the law with the recompensing of the cost of this property and of the other losses in conformity with the procedure, laid down by Article 306 of the present Code.
Article 236. Renouncement of the Right of Ownership
The citizen or the legal entity may renounce the right of ownership to the property in his (its) ownership by announcing this or by performing the other actions, definitely testifying to his abstaining from the possession, the use and the disposal of the property without an intention to preserve any rights to this property.
The renouncement of the right of ownership shall not entail the cessation of the rights and duties of the owner with respect to the corresponding property until the right of ownership to it is acquired by the other person.
Article 237. Turning of the Penalty onto the Property by the Owner's Obligations
1. The withdrawal of the property by way of turning onto it the penalty by the owner's obligations shall be effected on the grounds of the court decision, unless the other order of turning the penalty is stipulated by the law or by the agreement.
2. The right of ownership to the property, onto which the penalty has been turned, shall cease in its owner from the moment, when the right of ownership to the withdrawn property arises in the person, to whom this property is transferred.
Article 238. Cessation of the Right of Ownership to the Property in the Person, Who May Not Own It
1. If on the grounds, admitted by the law, in the ownership of the person has been found the property, which he may not own by force of the law, this property shall be alienated by the owner in the course of one year from the moment of the arising of the right of ownership to the property, unless the law has established another term.
2. In the cases, when the property has not been alienated by the owner within the term, established by Item 1 of the present Article, such property, with account for its nature and purpose, shall be subject, in accordance with the court decision, passed upon the application of the state body or of the local self-government body, to the forcible sale with the transfer to the former owner of the money, derived from this sale, or to the transfer into the state or into the municipal ownership, with the compensation to the former owner of the cost of the property, defined by the court. The outlays, involved in the alienation of the property, shall be detracted.
3. If, on the grounds, admitted by the law, in the ownership of the person or of the legal entity has been found the thing, for the acquisition of which a special permit is required, while its issue has been refused to the owner, this thing shall be subject to alienation in the order, established for the property, which may not be owned by the given owner.
Article 239. Alienation of the Realty in Connection with the Withdrawal of the Land Plot, on Which It Is Situated
1. In the cases, when the withdrawal of the land plot for the state or for the municipal needs, or because of the improper use of land, is impossible without the cessation of the right of ownership to the buildings, the structures or the other immovable property, situated on the given land plot, this property may be withdrawn from the owner by way of its redemption by the state or by way of its sale at a public auction in conformity with the procedure, stipulated, correspondingly, by Articles 279-282 and 284-286 of the present Code. The claim for the withdrawal of the immovable property shall not be liable to satisfaction, if the state body or the local self-government body, which has filed this claim with the court, does not prove that the use of the land plot for the purposes, for which it is being withdrawn, would be impossible, unless the right of ownership to the given immovable property is terminated.
2. The rules of the present Article shall correspondingly be applied, when the rights of ownership to the immovable property are terminated in connection with the withdrawal of the allotted mountain land plots, aquatorium sections and the other land plots, on which the given property is situated.
Article 240. Redemption of the Mismanaged Cultural Values
In the cases, when the owner of the cultural values, referred in conformity with the law to those particularly valuable and protected by the law, carelessly maintains these values, as a result of which they may lose their importance, such values may be withdrawn from the owner in accordance with the court decision, by way of their redemption by the state or by their sale at an open auction.
In case of the redemption of the cultural values, the owner shall be recompensed their cost in the amount, fixed by the agreement between the parties, and in the case of a dispute arising between them - by the court. If the values are sold at an open auction, the owner shall receive the earnings from the sale, less the outlays for holding the auction.
Article 241. Redemption of the Domestic Animals in Case of Their Improper Treatment
In the cases, when the owner's treatment of the domestic animals is in glaring contradiction with the rules of the humane attitude toward the animals, established on the ground of the rules and norms, accepted in society, these animals may be withdrawn from the owner by way of their redemption by the person, who has filed the corresponding claim with the court. The redemption price shall be defined by the agreement between the parties, and in case of a dispute arising between them - by the court.
Article 242. Requisition
1. In case of the natural calamities, the accidents, the epidemics or the epizootics, and under the other circumstances of an extraordinary nature, the property may be, in the interest of society and by the decision of the state bodies, withdrawn from the owner in accordance with the procedure and on the terms, laid down by the law, with the cost of the requisitioned property paid out to him (the requisition).
2. The estimate, according to which the owner shall be paid the cost of the requisitioned property, may be disputed by him in the court.
3. The person, whose property has been requisitioned, shall have the right to claim through the court the return to him of the preserved property, if the circumstances, in connection with which the requisition was performed, have ceased to operate.
Article 243. Confiscation
1. In the law-stipulated cases, the property may be withdrawn from the owner without any compensation in accordance with the court decision as a sanction, inflicted for his committing a crime or another violation of the law (the confiscation).
2. In the law-stipulated cases, the confiscation may be carried out in the administrative order. The decision on the confiscation, adopted in the administrative order, may be appealed against in the court.
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