Civil Procedure Code of the Civil Procedure Code of the Russian Federation. Civil Procedure Code of the Code of Civil Procedure of the Russian Federation Part 3 of Article 11 of the Code of Civil Procedure of the Russian Federation

Diet and fitness

The provision on the highest legal force and direct effect of the Constitution of the Russian Federation, enshrined in the Constitution of the Russian Federation, means that all constitutional norms have supremacy over laws and by-laws, due to which the courts, when considering specific court cases, must be guided by the Constitution of the Russian Federation (preamble of the Decree of the Plenum Supreme Court RF dated October 31, 1995 N 8 “On some issues of application by the courts of the Constitution Russian Federation in the administration of justice).

1. The commented article contains a rule on the vertical hierarchy of normative acts in the process of applying substantive legislation in resolving civil cases. The range of norms applied by the court includes almost all possible sources of law - from the Constitution of the Russian Federation to business customs.

Article 11

12. The court is allowed to apply the analogy of law and the analogy of law. This legal provision is enshrined in part 3 of the commented article. For example, to relations on the payment of penalties for late payment of taxes (customs payments), Art. 333 of the Civil Code of the Russian Federation.
-----------
By analogy with the interpretation of previously existing civil procedural rules. See: Review of the judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 1999 // Bulletin of the Supreme Court of the Russian Federation. 2000. No. 7.

7. If, during the consideration of the case, the court establishes that the rule of law contradicts the first part of the Civil Code of the Russian Federation, the court applies the corresponding norm of the Civil Code of the Russian Federation.
-----------
By analogy with the interpretation of previously existing civil procedural rules. See: Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of May 25, 1995 // Bulletin of the Supreme Court of the Russian Federation. - 1995. N 9. S. 3.

Article 11 Code of Civil Procedure of the Russian Federation

Regulatory legal acts and other sources of substantive law, on the basis of which the courts resolve civil cases, are named in the order determined by their legal force: the Constitution, international treaties of the Russian Federation, FKZ, Federal Law, acts of the President and Government of the Russian Federation, acts of subjects of the Russian Federation, municipalities. It is easy to see that the precedents of the ECHR are not named among the sources of legal regulation of material legal relations. Meanwhile, having acceded to the Convention for the Protection of Human Rights and Fundamental Freedoms, Russia recognized as binding on its courts the positions of the ECtHR in the interpretation of the Convention and its Protocols in decisions on specific cases (see Resolution of the Plenum of the Supreme Court of the Russian Federation of December 19, 2003 N 23). Business customs are applied in the field of entrepreneurial activity and only in exceptional cases can be applied by courts of general jurisdiction. The custom of business turnover should be understood as a rule of conduct that has not been provided for by law or an agreement, but has developed and applies to any area of business activity. The custom of business turnover can be applied regardless of whether it is recorded in any document (published in the press, set out in a court decision that has entered into force on specific case based on similar circumstances, etc.). From the content of Art. 6 of the Civil Code of the Russian Federation it follows that if the relationship that is the subject of regulation of civil law is not regulated by law or by agreement of the parties, then the custom of business turnover can be applied to it, provided that it does not contradict the provisions of the legislation or the contract binding on the participants in the relevant relationship (p. 2 article 5 of the Civil Code of the Russian Federation). Instructions on the application of business customs are contained in paragraph 2 of Art. 478, paragraph 2 of Art. 513, paragraph 1 of Art. 722 GK.
———————————
See: paragraph 4 of the Decree of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated 07/01/1996 N 6/8 "On some issues related to the application of the first part of the Civil Code of the Russian Federation".

Article 11 Code of Civil Procedure of the Russian Federation

The binding nature of the decisions of the Constitutional Court of the Russian Federation for all law enforcers is enshrined in Part 5 of Art. 125 of the Constitution of the Russian Federation, art. 6, 79, 87, 100 of the Federal Constitutional Law of July 21, 1994 (with subsequent amendments and additions) "On the Constitutional Court of the Russian Federation" *. The obligatory nature of the decisions of the Plenum of the Supreme Court of the Russian Federation for the courts follows from their duty to obey the Constitution of the Russian Federation and federal law in the administration of justice, as well as from the constitutional powers of the Supreme Court of the Russian Federation to exercise judicial supervision over the activities of lower courts in the appropriate procedural form and to give explanations on the application of the rules of law. in judicial practice (Articles 120, 126 of the Constitution of the Russian Federation).

When comparing the legal force of the above normative acts, it should also be taken into account that, in accordance with Art. 76 of the Constitution of the Russian Federation, laws and other normative acts of the constituent entities of the Russian Federation cannot contradict federal laws only if they are adopted on the subjects of the jurisdiction of the Russian Federation or on the subjects of joint jurisdiction of the Russian Federation and its subjects. If the named normative acts are adopted on the subjects of jurisdiction of the constituent entity of the Russian Federation, in the event of a conflict between them, not a federal law, but a law or other normative act of the constituent entity of the Russian Federation shall apply.

Article 11

Also part of the legal system of the Russian Federation are the existing international treaties concluded by the USSR, in respect of which the Russian Federation continues to implement the international rights and obligations of the USSR as a successor state of the USSR.
———————————
Russian newspaper. 2003. No. 244.

Article 1 of the Code of Civil Procedure of the Russian Federation provides for legislation on civil proceedings, which is administered by the Russian Federation. The commented article defines the normative legal acts applied by the court in resolving civil cases, in which the normative legal acts of the constituent entities of the Russian Federation and local governments are also named.

Article 11 Code of Civil Procedure of the Russian Federation

5. The reference in the court decision to the fact that at the time of the consideration of the dispute in court there was a ruling of the Constitutional Court of the Russian Federation that had entered into force, by which an article of a normative legal act was recognized as unconstitutional and, therefore, no longer valid, may be declared invalid. This happens when the decision of the Constitutional Court of the Russian Federation entered into force after the implementation of the unconstitutional norm and has no retroactive effect.

Article 11 Code of Civil Procedure of the Russian Federation

4. Failure to comply with the requirements for state registration of a normative legal act and the obligation to publish it shall entail the recognition of this act as invalid and not subject to application on the territory of the Russian Federation. In accordance with paragraph 10 of Decree of the President of the Russian Federation of May 23, 1996 N 763 "On the procedure for publishing and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" regulatory legal acts of federal executive bodies, except for acts and their separate provisions containing information constituting a state secret, or information of a confidential nature that has not passed state registration, as well as registered, but not published in the prescribed manner, do not entail legal consequences as not having entered into force and cannot serve as a basis for regulating the relevant legal relations, imposing sanctions on citizens, officials and organizations for failure to comply with the instructions contained therein. By virtue of h. 3 Article. 15 of the Constitution of the Russian Federation, any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.

2. According to Part 5 of Art. 76 of the Constitution of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation cannot contradict federal laws. In the event of a conflict between federal law and another act issued in the Russian Federation, the federal law is in force.

06 Jul 2018 143

Article 215.1 of the Federal Law "On International Treaties of the Russian Federation",

1. In his complaint to the Constitutional Court of the Russian Federation, citizen A.I. Tyshchenko disputes the constitutionality of subparagraph "c" of paragraph 2 of Article 51 of the Federal Law of March 28, 1998 N 53-FZ "On Military Duty and Military Service", which provides for such grounds for early dismissal from military service as non-compliance by the serviceman with the terms of the contract, as well as Articles 11 "Regulatory legal acts applied by the court in resolving civil cases", "Bindingness of court decisions", "Issues resolved when making a court decision", "Grounds for canceling or changing a court decision on appeal" and "Grounds for canceling or changing court decisions in cassation" Code of Civil Procedure of the Russian Federation.

Determination of the Constitutional Court of the Russian Federation of September 29, 2015 N 2250-O "On the refusal to accept for consideration the complaint of citizen Smirnov Alexander Anatolyevich about the violation of his constitutional rights by Article 1 of the Federal Law" On the suspension of the second part of Article 43 of the Law of the Russian Federation "On pensions for persons held military service, service in the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families "in connection with the Federal Law" On the federal budget for 2015 and for the planning period 2016 and 2017", Part 9 of Article 8 of the Federal Law "On the Federal Budget for 2015 and the Planning Period of 2016 and 2017", as well as parts one and three of Article 67 of the Code of Civil Procedure of the Russian Federation "The Constitution of the Russian Federation, federal constitutional laws , federal laws and other normative legal acts and only on their basis to resolve civil cases. The guarantee of compliance by the court with these requirements is the procedures established by the Civil Procedure Code of the Russian Federation for the verification of judicial decisions by higher courts and the grounds for their cancellation or amendment.

1. The court is obliged to resolve civil cases on the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal state authorities, constitutions (charters ), laws, other regulatory legal acts of state authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments. The court resolves civil cases based on the customs of business turnover in cases provided for by regulatory legal acts. 2. The court, having established, when resolving a civil case, that a normative legal act does not comply with a normative legal act that has a greater legal force, applies the norms of the act having the greatest legal force. 3. If there are no rules of law governing the disputed relationship, the court applies the rules of law governing similar relations (analogy of law), and in the absence of such rules, it resolves the case based on the general principles and meaning of the legislation (analogy of law). 4. If an international treaty of the Russian Federation establishes other rules than those provided for by law, the court, when resolving a civil case, applies the rules of the international treaty. 5. The court, in accordance with a federal law or an international treaty of the Russian Federation, applies the norms of foreign law when resolving cases.

Legal advice under Art. 11 Code of Civil Procedure of the Russian Federation

Dmitry Bychnikov

the law on the prosecutor's office is a source of civil procedural law?

Lawyer's response:
The sources of civil procedural law are legal acts regulating the activities of subjects of civil procedure. Civil proceedings in federal courts of general jurisdiction are based on the Constitution of the Russian Federation, the Federal Constitutional Law of December 31, 1996 No. 1-FK3 “On the Judicial System of the Russian Federation”, the Code of Civil Procedure and other federal laws adopted in accordance with them. The procedure for civil proceedings before a justice of the peace is determined by the above-mentioned regulatory legal acts, as well as by the Federal Law of December 17, 1998 No. 188-FZ “On Justices of the Peace in the Russian Federation”. In addition to these legislative acts, the norms of civil procedural law are contained in many other federal laws: the Civil Code of the Russian Federation (Articles 9, 152, 162, 166, 401, 415, 812, etc.); Family Code of the Russian Federation (Articles 7, 8, 11, 28, 49, 78, 79, 108, 125, etc.); Labor Code of the Russian Federation (Articles 382, 383, 390-394, 397, etc.) and others. International treaties by virtue of Part 4 of Art. 15 of the Constitution of the Russian Federation act as sources of civil procedural law. In this case, if an international treaty of the Russian Federation establishes other rules of civil proceedings than those provided for by law, the rules of the international treaty shall apply. In accordance with Art. 1 Code of Civil Procedure of the Russian Federation, regulatory decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation are not among the sources of civil procedural law. Also, the sources do not include explanations contained in the decisions of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, which act exclusively as acts of judicial interpretation of the norms of procedural law.

Nikolay Karpetsky

Is the federal law - NLA? Please give me a link to the law

Vasily Potanin

Tell me the article of the law which states that the court is obliged to judge according to the articles of the law, and not according to the "desire of the heart."

According to his "inner conviction", by the way, he must judge)

Raisa Popova

IN WHAT RELATIONSHIP ARE THE ACTS OF THE VORONEZH REGION. with federal law?

Lawyer's response:

Anastasia Soboleva

Say please. What is the procedure for filing a claim with the Supreme Court of the Russian Federation for recognition of a Government Decree
- Lawyer's response:
  1) not a statement of claim, but a statement 2) this is called invalidating regulatory legal acts in whole or in part (Chapter 24 of the Civil Procedure Code of the Russian Federation, Articles 251-253 of the Code of Civil Procedure of the Russian Federation) 3) coordinates - on the website of the Armed Forces of the Russian Federation: Postal address: 121260, Moscow, st. Cook, 15

Alena Gerasimova

Does the fire inspectorate have the right to demand repainting the entrance in which the oil is painted?

let them show a piece of paper - where everything is painted with us and is now painted. Official instruction with reference to the relevant article of the regulations. Along the way, they just want to knock a penny. Entrances do not belong to the objects of increased fire ...

Oleg Yurkin

how to file a lawsuit

What documents are in order? if there should be only one evidence? Looks like your dad owns this country cottage area never acquired, and therefore it is not included in the hereditary mass. It is correct to file a claim (if it is ...

Natalia Fedotova

how to file a claim for violation of constitutional rights

Lawyer's response:
What kind of rights, by whom and under what circumstances are violated. What confirms the fact of violation? Constitutional human/citizen rights are different. It can be an administrative, criminal or civil case. It is also possible that we are talking about challenging the NPA in the Constitutional Court...

Maria Pavlova

I am a guarantor, disabled 3gr. combatant. According to the writ of execution of bailiffs withholding 50%. Right?

Lawyer's response:
In order to get rid of this debt outright, you should apply to the court with a claim to recognize the transaction (guarantee) as invalid. The grounds can be very different, but based on the state of your health at the time of its completion and the circumstances of the transaction. It is better to consult with the nearest lawyer, because you will most likely need to write a statement of claim and represent your interests in court. If such grounds are not found, then you will have to pay. Pay attention to the current version of Article 79 of the Federal Law of October 02, 2007 No. N 229-ФЗ "On Enforcement Proceedings" (as amended and supplemented), from which it follows that execution cannot be levied on the property belonging to the debtor-citizen on the right of ownership, the list of which is established by the Civil Procedure Code of the Russian Federation. And, accordingly, to the current version of Article 446 of the Civil Procedure Code of the Russian Federation, from which it is clear that execution under executive documents cannot be levied on the following property owned by the debtor citizen on the right of ownership: residential premises (its parts), if for the debtor citizen and members of his family living together in the owned premises, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and execution may be levied on it in accordance with the legislation on mortgage; land plots on which the objects specified in the second paragraph of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and execution may be levied on it in accordance with the legislation on mortgage; ordinary items home furnishings and household items, personal items (clothes, shoes and others), with the exception of jewelry and other luxury items; property needed for professional occupations a citizen-debtor, with the exception of items whose value exceeds one hundred minimum wages established by federal law; used for purposes not related to the implementation of entrepreneurial activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture to pastures (leaving for an apiary), as well as outbuildings and structures necessary for their content; seeds needed for the next sowing; food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents; fuel needed by the family of the debtor citizen for cooking their daily food and heating during the heating season of their living quarters; means of transport and other property necessary for the citizen-debtor in connection with his disability; prizes, state awards, honorary and commemorative signs awarded to a debtor citizen. Conclusion: if, as a result of deductions by the bailiff, you have less than the established subsistence minimum for you and all persons who are dependent on you, then there is nothing correct in the actions of the bailiff. Such errors are usually corrected by a higher bailiff. You can see about the Russian living wage here: [link will appear after verification by the moderator] . guarantee. ru/3921257/ But it is more correct to look for a normative legal act of a competent supreme body the state authority of your subject of the federation (administration of the subject of the federation or a representative body).

Sergei Kutuzov

What should a magistrate do? When considering the controversial legal situation, the justice of the peace found that there were no rules governing this issue.

Lawyer's response:
Legislators gave the answer to this question a long time ago. Refer to the source - Code of Civil Procedure of the Russian Federation Article 11. Normative legal acts applied by the court in resolving civil cases 1. The court is obliged to resolve civil cases on the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation , regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal state authorities, constitutions (charters), laws, other regulatory legal acts of state authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments. The court resolves civil cases, proceeding from the customs of business turnover in cases provided for by regulatory legal acts.2. The court, having established in resolving a civil case that a normative legal act does not comply with a normative legal act that has greater legal force, applies the norms of the act that has the greatest legal force. If there are no rules of law governing the disputed relationship, the court applies the rules of law governing similar relations (law analogy), and in the absence of such rules, it resolves the case based on the general principles and meaning of the law (law analogy) .4. If an international treaty of the Russian Federation establishes other rules than those stipulated by law, the court, when resolving a civil case, applies the rules of the international treaty. The court, in accordance with federal law or an international treaty of the Russian Federation, applies the norms of foreign law when resolving cases.

- Lawyer's response:
  The sources of civil procedural law are regulatory legal acts (laws) adopted by the legislative bodies of the Russian Federation, and international treaties of the Russian Federation that establish, amend or cancel the rules governing the procedure for civil cases in federal courts of general jurisdiction and magistrates. Contrary to existing views about one type of source of civil procedural law, which is a normative legal act, along with normative legal acts, international treaties, separate sub-normative contractual rules and principles of justice can serve as sources of civil procedural law. In this regard, I propose to divide all sources of civil procedural law into two types: regulatory legal acts of the state and other sources of law. Other sources of law include international treaties and normative treaties that have a by-law character. A special place is occupied by the principles of justice applied by the court in the absence of a norm regulating similar procedural relations (part 5 of article 1 of the Code of Civil Procedure of the RSFSR). The conclusions are justified by the legislation and judicial practice. Neither custom nor judicial precedent are currently sources of civil procedural law.

Ksenia Zakharova

I ask the question again. Lawyers!

Is it now in 2014? Not a single Kuzma will last that long. In the Russian Federation there is neither the Supreme Court of the USSR nor the People's Court of the USSR. The puzzle is meaningless from the start. From the series "how many apples grew on a birch". I'm not a lawyer, of course, but...

- Lawyer's response:
  Yes, our professor was joking): - What is the drive? - The drive is front, rear and full. The Code of Administrative Offenses itself provides for a fine, and since there are grounds for applying the Code of Civil Procedure (and APC) to the legal regulation of the administrative process, the penalties provided for by these codified legal acts for the failure to appear of a witness in the case of the APN without a good reason are applicable. The fact that the Code of Administrative Offenses de "does not provide for a sanction for the absence of a witness without a good reason," even judges say some. You have to take a kizka and show the judge articles with comments ...

Daria Frolova

Can an expert have a license only for appraisal activities to do a forensic examination of the division of land uch-ka. The examination was made with gross errors. Just as it turned out later, when checking the license - this expert has permission only for appraisal activities. In addition, this expert is not on the official staff of this BTI, that is, according to the documents, he is not their employee. Now we are looking for loopholes to cancel this examination (petition to the court), is it possible to really rely on the above facts?

undoubtedly.. . this examination is illegal and you have the right to apply for the appointment of a new one ... her conclusions cannot be accepted by the court as evidence

Grigory Khlystunov

appeal drafting

In [name of the court to which the complaint is filed] from [procedural regulation on the case, full name, address] [procedural regulation, name / F. I. O. of other persons participating in the case, their addresses and details] An appeal against ...

Claudia Lazareva

What are the implications for court decisions. By a resolution of the Constitutional Court of the Russian Federation dated April 4, 1996, paragraph 1 of the Procedure for Considering Issues of Registration (Residence) of Citizens Living Outside the City of Moscow and the Moscow Region Arriving for Residence in Moscow on a Living Space Belonging to them on the right of ownership, approved by Decree of the Government of Moscow of October 11, 1994 N 922. Citizen Kutsyllo V.I., on whose complaint the case was considered, applied to the Moscow Regional Court, which gave him registration on the basis of the said Decree of the Government of Moscow with a demand to reconsider the decision . The court refused him, referring to the fact that an act recognized as unconstitutional becomes invalid from the moment the decision of the Constitutional Court is proclaimed. Consequently, there are no procedural rules and grounds for reviewing a previously issued decision, and the court cannot consider the same case again, since this is prohibited by the Code of Civil Procedure. From what moment do acts declared unconstitutional lose their force? What are the consequences in relation to judicial decisions taken on the basis of an unconstitutional act, should they be reviewed and, if so, in what form?

Lawyer's response:
According to Art. 79 of the Federal Law "On the Constitutional Court of the Russian Federation" follows: 1. The decision of the Constitutional Court of the Russian Federation, issued on the basis of the consideration of a case scheduled for hearing at a meeting of the Constitutional Court of the Russian Federation, enters into force immediately after its announcement. Resolution of the Constitutional Court of the Russian Federation, adopted in the manner prescribed by Art. 47.1 FKZ (Resolution of cases without a hearing), comes into force from the date of its publication in accordance with Art. 78 FKZ (Publication of the decision) . Other decisions of the Constitutional Court of the Russian Federation shall enter into force from the date of their adoption. 2. Acts or their separate provisions, recognized as unconstitutional, lose their force; recognized as inconsistent with the Constitution of the Russian Federation and not entered into force international treaties of the Russian Federation are not subject to entry into force and application. Decisions of courts and other bodies based on acts or their separate provisions recognized as unconstitutional by a resolution of the Constitutional Court of the Russian Federation are not subject to execution and must be reviewed in cases established by federal law. 3. If by decision of the Constitutional Court of the Russian Federation a normative act is found not to comply with the Constitution of the Russian Federation in whole or in part, or if the decision of the Constitutional Court of the Russian Federation implies the need to eliminate a gap in legal regulation, government agency or an official who has adopted this normative act are considering the adoption of a new normative act, which should, in particular, contain provisions on the abolition of a normative act recognized as not fully compliant with the Constitution of the Russian Federation, or on making the necessary changes and (or) additions to the normative act , declared unconstitutional in a separate part of it. Before the adoption of a new normative act, the Constitution of the Russian Federation shall be directly applied.

Andrey Verderevsky

please help me with my studies

In _Industrialny district city of Perm ________________________ court CLAIMANT: ________ V.I. Kurochkin _________________________________ Defendant: __________ LLC Permtourist (located at the address: Perm, Lenina St., 12 ...

Dmitry Kandinsky

Evidence in court

You need to look at the lawsuit. But if the court considered that it is necessary and requires, then it is necessary. Witness testimony can be proven as an option. If you think that the court incorrectly determined the circumstances to be proved, then the arguments about this can be ...

Nikita Garanichev

Phone records Are phone records used in a civil debt collection suit?

NO written receipt up to 40-50k rubles in my opinion, certified by the donor and the recipient with signatures, the agreed terms. Interest when notarized like No. . What are you. . A receipt or loan agreement is submitted to the court (copies are possible, but in ...

Georgy Rodichin

the cadastral value of the house is overstated, and the percentage of depreciation is underestimated. How to dispute this fact?

Civil Procedure Code of the Russian Federation (CPC RF) of November 14, 2002 N 138-FZ Chapter 24

Daniil Chusovitin

Provision by the defendant of documents to the court in a civil case, with false, inaccurate information.

In the appeal, indicate everything that you do not like and that you consider to be false. It is not necessary to refer to any specific article. If you want, refer to phrases about the authenticity of documents in court. Judges all articles without enumeration...

Evgeny Melekhin

Help solve the problem, please.

Civil Procedure Code of the Russian Federation: Article 131. Form and content of the statement of claim 1. The statement of claim is submitted to the court in writing. 2. The statement of claim must contain: 1) the name of the court in which ...

Nikolai Kozelin

Who is the proper defendant in the lawsuit? Who is the proper defendant in a claim for damages resulting from the unlawful use of detention as a preventive measure? Links to NPA are welcome =)

Lawyer's response:
By virtue of Part 1 of Article 1070 of the Civil Code of the Russian Federation, harm caused to a citizen as a result of unlawful conviction, unlawful prosecution, unlawful use of detention or undertaking not to leave as a preventive measure, unlawful bringing to administrative responsibility in the form of administrative arrest, as well as harm , caused to a legal entity as a result of unlawful bringing to administrative responsibility, is compensated at the expense of the treasury of the Russian Federation, and in cases provided for by law, at the expense of the treasury of the subject of the Russian Federation or the treasury of the municipality in full, regardless of the fault of officials of the bodies of inquiry, preliminary investigation, prosecutor's office and court in the manner prescribed by law. According to the clarifications of the Presidium of the Supreme Court of the Russian Federation (Review of legislation and judicial practice for the third quarter of 2004), based on the fact that federal courts and justices of the peace constitute a single judicial system of the Russian Federation, which is financed from the federal budget, the harm indicated in Part 1 Art. 1070 of the Civil Code of the Russian Federation, in the event that it was caused to a citizen by illegal actions of a justice of the peace, it is subject to compensation at the expense of the treasury of the Russian Federation. If the damage is caused by illegal actions of employees law enforcement, then it is necessary to look from what budget they are financed, as a rule from the regional one. Therefore, the defendant in the case of damages will be 1) this particular body; 2) the Ministry of Finance of the subject. In any case, according to Art. 41 of the Code of Civil Procedure, the court, when preparing a case or during its proceedings in a court of first instance, may allow, at the request or with the consent of the plaintiff, the replacement of an improper defendant with a proper one. That is, the court may, on its own initiative, with your consent, replace the defendant.

Lydia Vinogradova

Are there lawyers? Help me please!

what is the connection between the prosecutor's office and the passport? ? Maybe it was easier to appeal the refusal of the Federal Migration Service in court? There are grounds, you can file a claim. First, we explain to the court what you wrote to the prosecutor and what the prosecutor replied, make an intermediate conclusion that ...

Lily Queen

Do they have the right to remove me from the queue for the square, if married, which. terminated, my husband had a 3-room apartment. sq-ra?

There are requirements and criteria for referring to certain groups, established, including by regional legal acts, it can be assumed that by marrying you have ceased to be poor and at that time you had no reason to be in the queue for ...

Inna Koroleva

Help with work. The head of the city administration adopted a resolution prohibiting employers from hiring teenagers under the age of 18 if they do not have a document on secondary education, as well as persons who do not have a local residence permit. Is this ruling legal? What is the competence of the authorities of the constituent entities of the Russian Federation, as well as local governments in the field of regulation of labor relations?

Lawyer's response:
This order is illegal! This is generally nonsense, by his decision he at least interferes with the constitutional right to work! The head of the city administration does not have the right to make decisions contrary to law. You have 2 options: 1) Ignore that decision. 2) Apply to the court for recognition of such a decision as illegal. Threat To win such a case, it is not even necessary to be a lawyer. Make a correct statement of claim in accordance with the Code of Civil Procedure, and you will definitely win.

Timur Klimanov

What is a decision of the Plenum of the Supreme Court?

the answer to question 3 - it is necessary that all the courts of the Russian Federation on this issue conduct a single law enforcement practice. These are guiding explanations on specific issues of the current legislation of various branches of law. Some ordinances...

Eduard Kirshanin

Judicial practice as a source of law. (SHORTLY) Help please.

In Russia, precedent is not officially a source of law. This is short. But in practice, the role of a precedent in a sense is played by the decisions of the Plenums of the Supreme and Supreme Arbitration Courts on certain issues of law enforcement. In the spring...

Antonina Romanova

Based on the articles of the Code of Civil Procedure (Chapter 3, Articles 22-33). determine which court you need to apply to: d) citizen Deryugin B. did not return 2 thousand rubles borrowed under a loan agreement to citizen Novikov N.; e) Ignatov I. was illegally fired from his job. He applied to the court for reinstatement. f) the Zotovs wish to file a divorce (they do not have minor children); g) Sidorov O. got into a fight with Petrov E., causing moderate harm to his health. He faces a sentence of up to 3 years in prison. h) the Ivanovs filed an application for divorce with the court with a simultaneous request to decide in court with which of them their minor child should live.

Which court and in what composition can invalidate the order of the President of the Russian Federation? Why don't the judges agree with me? No. 110 Do you agree that such laws as the Housing Code of the Russian Federation, the law "On gas supply in the Russian Federation", Federal Law of November 23, 2009 No. 261-FZ "On energy saving and on improving energy efficiency and on amending certain legislative acts of the Russian Federation" have less legal force than the Civil Code of the Russian Federation and the law "On Protection of Consumer Rights"? No. 111 Do you agree that other laws that have lesser legal force are contrary to the Constitution of the Russian Federation in the event that they contain rules of law that do not correspond to the rules of law established by laws that have greater legal force and thereby cancel or diminish the rights of a citizen established by laws that have greater legal force paragraph 2 of Article 55 of the Constitution of the Russian Federation "In the Russian Federation, laws should not be issued that abolish or detract from the rights and freedoms of man and citizen." No. 112 Do you agree that the rule of law established by Article 101 of the law “On the Constitutional Court of the Russian Federation” “When considering a case in any instance, the court, having come to the conclusion that the law applied or to be applied in the specified case is inconsistent with the Constitution of the Russian Federation, appeals to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of this law. provides for the right of a judge to apply to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of this law” is interpreted as their right and not an obligation? No. 113 Do you agree that, by virtue of paragraph 2 of Article 11 of the Code of Civil Procedure of the Russian Federation: “The court, having established, when resolving a civil case, that a normative legal act does not comply with a normative legal act that has greater legal force, applies the norms of the act that has the greatest legal force” the court is obliged to establish the existing discrepancies between a normative legal act and a normative legal act that has greater legal force. Page 12 No. 114 Do you agree that in terms of the additions “unless otherwise provided by law or other legal acts” Articles 539,543,544,548 of the Civil Code of the Russian Federation do not correspond to the legal norm contained in paragraph 2 of Article 3 of the Civil Code of the Russian Federation, which is in other laws, must comply with this Code” and must not be applied by the court by virtue of paragraph 2 of Article 11 of the Code of Civil Procedure of the Russian Federation? No. 115 Do you agree that in terms of additions “unless otherwise provided by law or other legal acts” Articles 539,543,544,548 of the Civil Code of the Russian Federation detract from my right to ensure that the norms of civil law contained in other laws comply with the Civil Code of the Russian Federation and by virtue of paragraph 2 Article 55 of the Constitution of the Russian Federation are not consistent with the Constitution of the Russian Federation? No. 116 Do you agree that the additions “unless otherwise provided by law or other legal acts” to articles 539,543,544,548 of the Civil Code of the Russian Federation are made in the consciousness that the rules of law established by these articles are not being enforced and in the hope of legalizing this non-performance? No. 117 Do you agree that the addition “unless otherwise provided by law or other legal acts” in paragraph 1 of Article 544 of the Civil Code of the Russian Federation appeared in connection with the failure to comply with the requirement of paragraph 2 of Article 539 of the Civil Code of the Russian Federation to ensure that energy consumption is taken into account when selling such goods to the public as gas, cold and hot water, heat? №118 Do you agree that the problem of the lack of meters among the population can be quickly resolved by supplementing paragraph 2 of Article 539 of the Civil Code with the paragraph: “In the case when a citizen using energy for domestic consumption acts as a subscriber under an energy supply agreement, the obligation to ensure accounting of energy consumption is assigned to the energy supply organization"? At the same time, the requirements of paragraph 2 of Article 16 of the Law "On the Protection of Consumer Rights" and the business custom "The buyer does not go to the store with his own scales" will be fully observed.

Uncle Yura! We're playing in the sandbox! And you ship us! What the hell!

Igor Kirillichev

What cases does the Supreme Court of the Russian Federation deal with?

Lawyer's response:
The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction. The Supreme Court of the Russian Federation exercises judicial supervision over the activities of courts of general jurisdiction, including military and specialized federal courts, in the procedural forms provided for by federal law. The Supreme Court of the Russian Federation, within its competence, considers cases as a court of second instance, by way of supervision and on newly discovered circumstances, and in cases provided for by federal law, also as a court of first instance. The Supreme Court of the Russian Federation is a directly superior court in relation to the supreme courts of the republics, regional (regional) courts, courts of federal cities, courts of the autonomous region and autonomous districts, military courts of military districts, fleets, types and groups of troops. The Supreme Court of the Russian Federation provides clarifications on issues of judicial practice. The powers, procedure for the formation and operation of the Supreme Court of the Russian Federation are established by federal constitutional law. Jurisdiction of the Supreme Court of the Russian Federation 1. The Supreme Court of the Russian Federation, as a court of first instance, considers civil cases: 1) challenging non-normative legal acts of the President of the Russian Federation, non-normative legal acts of the chambers of the Federal Assembly, non-normative legal acts of the Government of the Russian Federation; 2) on challenging the regulatory legal acts of the President of the Russian Federation, the regulatory legal acts of the Government of the Russian Federation and the regulatory legal acts of other federal government bodies affecting the rights, freedoms and legitimate interests of citizens and organizations; 3) on contesting decisions on the suspension or termination of the powers of judges or on the termination of their resignation; 4) on the suspension of the activities or liquidation of political parties, all-Russian and international public associations, on the liquidation of centralized religious organizations that have local religious organizations in the territories of two or more constituent entities of the Russian Federation; 5) on contesting decisions (avoiding decisions) of the Central Election Commission of the Russian Federation (regardless of the level of elections, referendum), except for decisions that uphold decisions of lower election commissions, referendum commissions; 6) to resolve disputes between federal state authorities and state authorities of the constituent entities of the Russian Federation, between state authorities of the constituent entities of the Russian Federation, submitted for consideration to the Supreme Court of the Russian Federation by the President of the Russian Federation in accordance with Article 85 of the Constitution of the Russian Federation; 7) on the dissolution of the Central Election Commission of the Russian Federation. 2. Federal laws may include other cases under the jurisdiction of the Supreme Court of the Russian Federation. The Supreme Court of the Russian Federation has jurisdiction over the criminal cases referred to in Article 452 of this Code, as well as other criminal cases referred by federal constitutional law and federal law to its jurisdiction. Article 452. Consideration of a criminal case against a member of the Federation Council, a deputy State Duma, judges of a federal court A criminal case against a member of the Federation Council, a deputy of the State Duma, or a judge of a federal court, at their request filed before the start of the trial, is considered by the Supreme Court of the Russian Federation.

Valeria Krylova

Where, in what statutes, regulations, laws, codes are the official duties of the heads of the FKU IK ?. We have such a situation: we need a power of attorney (to conduct all his civil affairs while he is in prison: receiving mail, money, property, inheritance, etc.) from an uncle who is serving a term, they asked the head of PKU IK 21 to certify the power of attorney ... according to paragraph 3 of Art. 185 of the Civil Code of the Russian Federation - notarized powers of attorney also include those certified by the head of the FKU IK. we were sent a refusal in writing - supposedly, the certification of powers of attorney is not part of the official duties of the heads of the FKU IK ... contact a notary .... Where, in what charters, regulations, laws, codes are the official duties of the heads of the FKU IK?

Lawyer's response:
Complain to the head of the Department of the Federal Penitentiary Service of the Rostov Region for the subject. For the first time I meet such a stupid excuse - the heads of the power of attorney always assured without any problems, only that this does not happen quickly - depending on which particular service prepares the power of attorney itself and takes away the signature from the principal, otherwise the head will drive off on a business trip, but so that they refuse - never. Who will let a notary go to a sensitive facility?!

Alexey Basunov

Full text of Art. 11 Code of Civil Procedure of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 11 of the Code of Civil Procedure of the Russian Federation.

2. The court, having established, when resolving a civil case, that a normative legal act does not comply with a normative legal act that has greater legal force, it applies the norms of the act that has the greatest legal force.

3. If there are no rules of law governing the disputed relationship, the court applies the rules of law governing similar relations (analogy of law), and in the absence of such rules, it resolves the case based on the general principles and meaning of the legislation (analogy of law).

4. If an international treaty of the Russian Federation establishes other rules than those provided for by law, the court, when resolving a civil case, applies the rules of the international treaty.

5. The court, in accordance with a federal law or an international treaty of the Russian Federation, applies the norms of foreign law when resolving cases.

Commentary on Article 11 of the Code of Civil Procedure of the Russian Federation

1. In Part 1 of Art. 11 of the Code of Civil Procedure are named legal acts containing the norms of the current substantive law, which the court of general jurisdiction must be guided by when resolving civil cases. The Constitution of the Russian Federation among the named acts has the highest legal force, direct effect and is applied throughout the country (part 1 of article 15 of the Constitution of the Russian Federation). All other laws and other normative acts are designed to supplement, develop and specify the constitutional norms and cannot contradict them.

2. Normative acts are given in descending order of their legal force. International treaties take precedence over domestic Russian legislation, but this rule does not apply to the Constitution of the Russian Federation, since international treaties concluded by Russia cannot contradict it. If this suddenly happens, the norms of the Basic Law of the country will apply (see also the commentary to Article 1 of the Code of Civil Procedure).

According to Part 4 of Art. 15 of the Constitution of the Russian Federation integral part of the legal system of Russia are not only its international treaties, but also generally recognized principles and norms international law. Explanations on the application of international norms are given in the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 10, 2003 N 5 "On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation" *.

________________
* BVS RF. 2003. No. 12.

3. The custom of business turnover may be applied by the court in resolving civil cases only in cases where the possibility of its application is provided for by law or other normative act. It is also referred to the sources of the current law in Article 5 of the Civil Code of the Russian Federation.

In paragraph 4 of the resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation of July 1, 1996 N 6/8 "On some issues related to the application of part one of the Civil Code of the Russian Federation" it is explained that under the custom of business turnover, which, by virtue of Art. . 5 of the Civil Code of the Russian Federation can be applied by the court when resolving a dispute arising from entrepreneurial activity, it should be understood that it is not provided for by law or an agreement, but has developed, i.e. a rule of conduct that is sufficiently defined in its content and widely used in any area of business activity, for example, traditions for the fulfillment of certain obligations, etc. The business custom can be applied regardless of whether it is recorded in any document (published in the press, set out in a court decision that has entered into force in a specific case containing similar circumstances, etc.)*.

________________
* BVS RF.1997.N 1.

The possibility of regulating material legal relations by the custom of business turnover is provided for in many norms of civil law. For example, according to paragraph 2 of Art. 478 of the Civil Code of the Russian Federation, under a contract of sale, the seller is obliged to transfer to the buyer the goods that comply with the terms of the contract on completeness, and in the absence of such a contract, the completeness of the goods is determined by business customs or other usually imposed requirements.

Author's comment
(relevant for 2012)

Expert comment
(relevant for 2014)

4. Of great importance for the correct resolution of civil cases are the decisions of the Constitutional Court of the Russian Federation and the decisions of the Plenum of the Supreme Court of the Russian Federation, which are often adopted jointly with the Supreme Arbitration Court of the Russian Federation on the most complex issues of judicial practice. In terms of their legal force and impact on social relations, they should rightfully be attributed to the sources of the law in force.

The sources of law can also include acts of the highest judicial instances of the Russian Federation - the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation. AT recent times cases of adoption of joint decisions of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation on the most controversial and topical issues jurisprudence with relevant explanations. However, these measures failed to completely solve the problem of differences in approaches to the administration of justice between arbitration courts and courts of general jurisdiction. The judicial reform carried out in the Russian Federation in early 2014 created a unified Supreme Court of the Russian Federation, which will become the highest judicial body for civil, criminal, administrative cases and the resolution of economic disputes.

On February 6, 2014, the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated November 27, 2013 "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation" came into force, according to which the Supreme Arbitration Court of the Russian Federation is abolished, its powers are transferred to the Supreme Court of the Russian Federation. In development of the norms of this law, Federal Constitutional Law No. 3-FKZ of 05.02.2014 "On the Supreme Court of the Russian Federation", Federal Constitutional Law No. 4-FKZ of 05.02.2014 "On Amendments to the Federal Constitutional Law "On the Judicial System of the Russian Federation" were adopted "and the Federal Law of 05.02.2014 N 16-FZ "On the procedure for selecting candidates for the initial composition of the Supreme Court of the Russian Federation".
From the date of entry into force of the above-mentioned Law, a transitional period is established for a period of six months, during which the Supreme Arbitration Court of the Russian Federation is abolished, and the issues of administration of justice referred to its jurisdiction are transferred to the jurisdiction of the Supreme Court of the Russian Federation (Part 2 of Article 2 of the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of November 27, 2013 "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation").

Judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, appointed before the date of entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated November 27, 2013 "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation" continue to exercise their powers until the start of the work of the Supreme Court of the Russian Federation (Part 3 of Article 2 of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of November 27, 2013 "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation").

The binding nature of the decisions of the Constitutional Court of the Russian Federation for all law enforcers is enshrined in Part 5 of Art. 125 of the Constitution of the Russian Federation, art. 6, 79, 87, 100 of the Federal Constitutional Law of July 21, 1994 (with subsequent amendments and additions) "On the Constitutional Court of the Russian Federation"*. The obligatory nature of the decisions of the Plenum of the Supreme Court of the Russian Federation for the courts follows from their duty to obey the Constitution of the Russian Federation and federal law in the administration of justice, as well as from the constitutional powers of the Supreme Court of the Russian Federation to exercise judicial supervision over the activities of lower courts in the appropriate procedural form and to give explanations on the application of the rules of law. in judicial practice (Articles 120, 126 of the Constitution of the Russian Federation).

________________
* SZ RF. 1994. N 13. Art. 1447; 2001. N.7. Art. 607; N 51. Art. 4824.

5. The absence of a rule of law governing disputable relations cannot lead to the refusal of the court to resolve the dispute, since this would distort the very essence of justice, conflict with its constitutional goals and the right of everyone to judicial protection (Articles 18, 46 of the Constitution of the Russian Federation). The gap in the legal regulation of disputed material relations in resolving a civil case, the court must overcome with the help of an analogy of law or law. The procedure for filling gaps in the legislation is also provided for in the branches of substantive law that regulate relations, the dispute over which is subject to resolution in civil proceedings (see, for example, Article 6 of the Civil Code of the Russian Federation, Article 5 of the IC of the Russian Federation).

The absence of a special rule governing specific relations between the parties to the dispute does not in itself give grounds for concluding that there is a gap in the legislation, since most often there is a general rule governing a certain type of legal relationship. For example, if a dispute on rights and obligations arising from the actions of the parties not provided for by law or other legal act (Article 6 of the Civil Code of the Russian Federation) is referred to the court for resolution, the court must proceed from the relevant norms of civil law on obligations (Section III of the Civil Code of the Russian Federation) and only in their absence is it entitled to turn to the analogy of law or law.

6. When considering and resolving a civil case, the court, in the cases specified in the federal law or provided for by an international treaty of the Russian Federation, is obliged to apply the norms of the substantive law of other states. This problem has acquired particular urgency in connection with the formation on the territory of the once united country (USSR) of fifteen independent states, as well as with the acquisition by Russian citizens of a real right to freely leave the country and return to it without hindrance, with the activation of multilateral ties between Russian physical and legal entities with citizens and organizations of other states.

This provision is also taken into account in the preparation and adoption of new codes in the material branches of law. For example, detailed rules on the application by courts of the norms of the legislation of other states in resolving civil disputes are provided for in Section VI, Part 3 of the Civil Code of the Russian Federation, in resolving family disputes - in Art. 156 - 167 RF IC.

The issues of applying the rules of law of other states by Russian courts are also resolved in detail in the multilateral and bilateral international treaties of the Russian Federation on legal assistance. An example is the Minsk Convention of the CIS countries of January 22, 1993 "On legal assistance and legal relations in civil, family and criminal cases"*.

________________
* SZ RF. 1995. N 17. Art. 1472.

Consultations and comments of lawyers on Article 11 of the Code of Civil Procedure of the Russian Federation

If you still have questions on Article 11 of the Code of Civil Procedure of the Russian Federation and you want to be sure that the information provided is up-to-date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

(official current edition, full text Article 11 of the Code of Civil Procedure of the Russian Federation with comments)

4. If an international treaty of the Russian Federation establishes other rules than those provided for by law, the court, when resolving a civil case, applies the rules of the international treaty.

5. The court, in accordance with a federal law or an international treaty of the Russian Federation, applies the norms of foreign law when resolving cases.

Commentary on Article 11 of the Code of Civil Procedure of the Russian Federation in the current wording

When reading Article 11 of the Code of Civil Procedure of the Russian Federation in the current edition attention should be paid to the order in which normative legal acts are listed. It is in part 1 of the commented article 11 of the Code of Civil Procedure of the Russian Federation that a peculiar hierarchy of regulatory legal acts is given from the greatest strength the Constitution of the Russian Federation to the normative legal acts of local governments.

The Constitution of the Russian Federation has the highest legal force, all other normative acts should not contradict its provisions in the first place. If during the trial the court establishes that some legal act contradicts the Constitution of the Russian Federation, then the Constitution of the Russian Federation is applied when resolving the case. That is why the Constitution of the Russian Federation is a legal act of direct action. The court will do the same if a legal act of lesser force contradicts the provisions of a normative legal act of greater legal force.

Article 11 of the Code of Civil Procedure of the Russian Federation in the current wording has developed the possibility of applying the analogy of law and the analogy of the law in the consideration and resolution of civil cases. It is necessary to understand these legal concepts in more detail.

In civil law, the analogy of the law is the application of the law governing similar legal relations, in the absence of a direct rule governing disputed relations. There are three main conditions for applying the analogy of the law:

the analogy of the law is applied in the implementation of the principle of legality;
the analogy of the law is applied when legal relations are not regulated by law or by agreement of the parties and there is no corresponding business practice;
the analogy of the law is used in cases where the application of one special law regulating the disputed legal relationship is not enough to protect the violated right.

The analogy of law is the application of the general principles and meaning of legislation, when there are no legal norms that can be applied by analogy with the law. In civil proceedings, if it is necessary to apply the analogy, law can be used as general norms of procedural legislation enshrined in Chapter 1 of the Code (for example, when deciding on an open or closed court session or when deciding on the language used in a court session).

It should be noted that cases of applying the analogy of the law, and even more so the analogy of law in civil proceedings are quite rare. They mainly concern the use of analogy by judges in resolving procedural conflicts. Thus, in the Civil Procedure Code of the Russian Federation, a clear regulation of the actions of the court and participants in the process when resolving petitions, when considering issues in the course of the execution of a court decision, did not find its place. In such cases, the courts apply, by analogy, the norms of the Code governing the acceptance of statements of claim and the consideration of civil cases in a lawsuit.

Additional commentary to Art. 11 Code of Civil Procedure of the Russian Federation

The court of general jurisdiction is obliged to resolve disputes on the basis of regulatory legal acts, listed in detail in Art. 11 Code of Civil Procedure of the Russian Federation. Each normative legal act must be adopted by the competent authority and in the manner prescribed by law.

The normative legal acts specified in part 1 of the commented article 11 of the Code of Civil Procedure of the Russian Federation in the current version are listed in a strictly defined order, which is predetermined by the place of each of them in the hierarchical system of Russian legislation. Acts that occupy a lower place in this system must correspond to all others that occupy a higher "step" in it.

In the first place is the Constitution of the Russian Federation - a normative act that has the highest legal force and direct effect. All laws and other normative acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.

On the subjects of the jurisdiction of the Russian Federation, federal constitutional laws and federal laws are adopted that have direct effect on the entire territory of the Russian Federation. Federal laws cannot contradict federal constitutional laws. Federal laws and laws and other normative acts of the constituent entities of the Russian Federation adopted in accordance with them shall be issued on subjects of joint jurisdiction between the Russian Federation and the constituent entities of the Russian Federation.

Outside the jurisdiction of the Russian Federation, joint jurisdiction of the Russian Federation and subjects of the Russian Federation of the republic, territory, region, city of federal significance, Autonomous region and autonomous okrugs exercise their own legal regulation, including the adoption of laws and other regulations. Laws and other normative acts of the constituent entities of the Russian Federation may not contradict federal laws adopted on the subjects of the jurisdiction of the Russian Federation and on the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

Decrees of the President of the Russian Federation regulating civil and other relations must not contradict federal laws regulating these relations.

Decrees of the Government of the Russian Federation are adopted by him on the basis of and in pursuance of federal laws, decrees of the President of the Russian Federation.

Laws and other legal acts applied in the Russian Federation must not contradict the Constitution of the Russian Federation (Article 15 of the Constitution). If a law or other legal act conflicts with the Constitution, the court must make a decision in accordance with the Constitution of the Russian Federation. In the event of a conflict between a decree of the President of the Russian Federation or a resolution of the Government of the Russian Federation and a federal law, the relevant law shall apply.

When considering cases, courts should take into account that if a law to be applied or another regulatory legal act of a subject of the Russian Federation contradicts a federal law adopted on issues within the jurisdiction of the Russian Federation or jointly administered by the Russian Federation and the subject of the Russian Federation, then, based on the provisions of part 5 tbsp. 76 of the Constitution of the Russian Federation, the court must decide in accordance with federal law.

If there are contradictions between the normative legal act of the subject of the Russian Federation, adopted on issues related to the jurisdiction of the subject of the Russian Federation, and the federal law, then by virtue of Part 6 of Art. 76 of the Constitution of the Russian Federation, a normative legal act of a subject of the Russian Federation is subject to application.

When considering and resolving a dispute, the court may come to the conclusion that the law applied or to be applied in this case is contrary to the Constitution of the Russian Federation. In this case, the court applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of this law. The request is admissible if the law is applied or subject, in the opinion of the court, to application in the specific case considered by it.

On the need to apply with a request to the Constitutional Court of the Russian Federation, the court shall issue a reasoned ruling (decree). The request itself is made in writing in the form of a separate document.

In a request to verify the constitutionality of the law applied or to be applied when considering a particular case, the court, in accordance with the requirements of Art. 37 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" must indicate the exact name, number, date of adoption, source of publication and other data on the legislative act subject to verification, as well as the reasons for which he came to the conclusion about sending the specified request. By virtue of Art. 38 of the named Federal constitutional law, the request must be accompanied by the text of the law to be verified, and a translation into Russian of all documents and other materials presented in another language.

In connection with the appeal to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied, the proceedings in the case or the execution of the decision, based on the requirements of Art. 103 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, is suspended until the request is resolved by the Constitutional Court of the Russian Federation, which should be indicated in the above ruling (decree) of the court (paragraph 3).

Of great importance for the correct application of the law in resolving specific cases are the clarifications of the Plenum of the Supreme Court of the Russian Federation.

The current legislation establishes the priority of the norms established by an international treaty of the Russian Federation over domestic legislation.

In part 3 of Art. 11 Code of Civil Procedure of the Russian Federation we are talking about the application by the court of law and law by analogy. The court can resort to the analogy of the law only if there is no rule of law regulating the disputed legal relationship, and to the analogy of law - when there are no rules regulating the disputed relationship, as well as rules regulating relations similar to them. With the analogy of law, the court proceeds from the general principles and meaning of laws.

The application of law and law by analogy must be motivated in the court decision.

When resolving a specific dispute, the court may apply the rules of law of other states only if this is provided for by law or an international treaty of the Russian Federation.

Judicial practice under Art. 11 Code of Civil Procedure of the Russian Federation

Review of the judicial practice of the Supreme Court of the Russian Federation N 4 (2018)

The courts, when considering a dispute, should have been guided by Part 2 of Art. 11 of the Code of Civil Procedure of the Russian Federation, according to which the court, having established when resolving a civil case that a normative legal act does not comply with a normative legal act that has greater legal force, applies the norms of the act that has the greatest legal force.

Decree of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 57 "On some issues of the application of legislation governing the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts"

2. Courts of general jurisdiction, arbitration courts (hereinafter also referred to as courts) by virtue of part 4 of article , part 3 of article 11 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), part 5 of article 3, part 6 of article 13 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), part 4 of Article 2, part 6 of Article 15 of the Code of Administrative Procedure of the Russian Federation (hereinafter referred to as CAS RF) has the right to resolve issues related to the use of documents in electronic form in its activities based on the application of rules governing similar relations ( analogy of law), and in the absence of such norms, proceed from the general principles and meaning of legislation (analogy of law).

Determination of the Supreme Court RFN 5-KG18-320

Demand: On the recognition of actions for the redevelopment and reorganization of premises illegal, the obligation to eliminate the identified violations.

Circumstances: The plaintiff refers to the fact that the redevelopment and reorganization of the premises on the upper floors of the house, including the technical floor, carried out by the defendant, led to the dismantling of the general house engineering communications systems, as well as to the restriction of access to the general house engineering equipment.

Decision: The case was sent for a new trial, since the court did not take into account the circumstances that, after the work was done, the number of storeys of the defendant's apartment and its total area increased.

Paragraphs 2 and 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2003 N 23 “On judgment» clarified that a decision is legal when it is made in strict observance of the rules of procedural law and in full compliance with the rules of substantive law that are subject to application to this legal relationship, or is based on the application, where necessary, of an analogy of law or an analogy of law (h 1 article 1, part 3 article 11 of the Civil Procedure Code of the Russian Federation). The decision is justified when the facts relevant to the case are confirmed by the evidence examined by the court that meets the requirements of the law on their relevance and admissibility, or by circumstances that do not need to be proven (Art. Art., -, Civil Procedure Code of the Russian Federation), and also then when it contains exhaustive conclusions of the court arising from the established facts.