Civil Procedure Code Code of Code of Civil Procedure of the Russian Federation.

Full text Art. 11 Code of Civil Procedure of the Russian Federation with comments. New relevant revision with additions for 2020. Consultations of lawyers under Article 11 of the Code of Civil Procedure of the Russian Federation.

1. The Court is obliged to resolve civil cases on the basis of the Constitution 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 authorities, constitutions (statutes), laws, other regulatory legal acts of state authorities of the subjects Of the Russian Federation, regulatory legal acts of local governments. The court permits civil cases based on the customs of business turnover in cases provided for by regulatory legal acts.

2. The court by setting in the resolution of civil case that the regulatory legal act does not correspond to the regulatory legal Acthaving greater legal force, applies the norms of the act with the greatest legal force.

3. In the absence of the rules of law regulating a dispute relation, the Court applies the norms of law governing similar relations (analogy of the law), and in the absence of such rules it allows the case, based on the general principles and the meaning of legislation (the analogy of law).

4. If international Treaty The Russian Federation has established other rules than those provided by law, the court in the permitting civil case applies the rules of the International Treaty.

5. The Court in accordance with the Federal Law or the International Treaty of the Russian Federation, with permission of cases, apply foreign law.

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

1. In Part 1 of Art. 11 GPCs are named legal acts containing the norms of existing material law, which the court of general jurisdiction is obliged to be guided by civil affairs. The Constitution of the Russian Federation among these acts has the highest legal force, direct effect and applies throughout the country (Part 1 of Art. 15 of the Constitution of the Russian Federation). All other laws and other regulations are designed to supplement, develop and specify constitutional norms and cannot contradict them.

2. Regulations are given according to the degree of decrease in their legal force. International treaties have a priority to 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 main law of the country will act (see also commentary on Art. 1 GPC).

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

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* BVC RF. 2003. N 12.

When comparing the legal force of the above regulatory acts, it should also be considered that in accordance with Art. 76 The Constitution of the Russian Federation laws and other regulatory acts of the constituent entities of the Russian Federation cannot contradict federal laws only in cases where they are adopted on subjects of maintenance of the Russian Federation or on subjects of joint research and its subjects. If the named regulations were adopted on subjects of subjects of the subject of the Russian Federation, in the event of a contradiction between them there is not a federal law, but a law or other regulatory act of the subject of the Russian Federation.

3. The custom of business turnover can be applied by the court when resolving civil cases only in cases where its use is provided for by law or other regulatory act. It is referred to as sources of law and 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 use of part of the First Civil Code of the Russian Federation" it explains that under the custom of the 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 is necessary to understand not stipulated by law or contract, but established, i.e. A sufficiently defined in its content, widely used in any field of entrepreneurial activity, a rule of behavior, for example, the tradition of execution of certain obligations, etc. The custom of business turnover can be applied regardless of whether it was recorded in any document (published in the press, set forth in the court decision that entered into force on a specific case containing similar circumstances, etc.) *.

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* BVC RF.1997.n 1.

The possibility of regulating material legal relations with the custom of business turnover is provided in many norms of civil law. For example, according to paragraph 2 of Art. 478 of the Civil Code of the Russian Federation under the contract of sale of the Seller is obliged to transfer the goods to the Buyer that meets the condition of the Treaty of Completion, and in the absence of this in the contract, the completion of the goods is determined by the customs of business turnover or other commonly imposed requirements.

Author's comment
(relevant for 2012)

Expert comment
(relevant for 2014)

4. The decisions of the Constitutional Court of the Russian Federation and the Resolution of the Plenum of the Supreme Court of the Russian Federation, which often complex issues Judicial practice is accepted together with the Supreme Arbitration Court of the Russian Federation. According to their legal strength and exposure to social relations, they should be given to sources of existing law.

Sources of law can also include acts of higher judicial institutions 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. IN lately There were not rare cases of adoption of joint decrees of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation on the most controversial and relevant issues of judicial practice with relevant clarifications. However, these measures fail to fully solve the problem of differences in approaches when sending justice between the arbitration courts and the courts of general jurisdiction. The judicial reform carried out in the Russian Federation in early 2014, a single Supreme Court of the Russian Federation was created in Russia, which will be the highest judicial body for civil, criminal, administrative affairs and the permitting disputes.

On February 6, 2014, the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of November 27, 2013 came into force "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation", 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. The federal constitutional law of the specified law was adopted in the development of the specified law on 05.02.2014 N 3-FKZ "On the Supreme Court of the Russian Federation", the Federal Constitutional Law of 05.02.2014 N 4-FKZ "On Amendments to the Federal Constitutional Law" On the judicial system of the Russian Federation "And the Federal Law of 05.02.2014 N 16-ФЗ" On the order of selection of candidates for the initial composition of the Supreme Court of the Russian Federation ".
Since the entry into force of the above-mentioned law, the transitional period is established for a period of six months, during which the Supreme Arbitration Court of the Russian Federation is abolished, and the implementation of justice issues related to its maintenance are transmitted to the jurisdiction of the Supreme Court of the Russian Federation (Part 2 of Article 2 of the Russian Law 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 until the day of entry into force 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" continue to exercise their powers before the work of the Supreme COVERS OF THE RUSSIAN FEDERATION (Part 3 of Article 2 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").

The obligation of solutions of the Constitutional Court of the Russian Federation for all law enforcers is enshrined in Part 5 of Art. 125 Constitution of the Russian Federation, in Art. 6, 79, 87, 100 of the Federal Constitutional Law of July 21, 1994 (with subsequent changes and additions) "On the Constitutional Court of the Russian Federation" *. The obligation of the Resolutions of the Plenum of the Supreme Court of the Russian Federation for the courts follows from their obligation in the implementation of justice to obey the Constitution of the Russian Federation and the Federal Law, as well as from the Constitutional Powers of the Supreme Court of the Russian Federation for the implementation of the judicial supervision of the activities of the lower courts in the relevant procedural form and the dacha of clarification on the application of the rules of law in judicial practice (Art. 120, 126 of the Constitution of the Russian Federation).

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

5. The absence of a rule that regulates controversial relations cannot entail the court's refusal to resolve the dispute, as it would distinguish the very essence of justice, conflict with its constitutional goals and the right of everyone to judicial protection (Article 18, 46 of the Constitution of the Russian Federation). The gap in the legal regulation of controversial material relations in the resolution of a civil case, the court is obliged to overcome with the help of analogy of law or law. The procedure for the replenishment of gaps in legislation is also provided in the sectors of the material law regulating relations, the dispute over which is subject to permission to civil proceedings (see, for example, Article 6 of the Civil Code of the Russian Federation, Art. 5 of the RF IC).

The lack of a special standard that regulates the specific relationship between the participants of the dispute itself does not provide grounds for the conclusion about the presence of a gap in legislation, since most often there is a common norm regulating a certain type of legal relationship. For example, if an argument on the 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), the court must proceed from the relevant standards of civil law obligations (Section III of the Civil Code of the Russian Federation) and Only with their absence is entitled to turn to the analogy of the law or right.

6. When considering and resolving a civil case, the Court in cases specified in the Federal Law or provided for by the International Agreement of the Russian Federation is obliged to apply the norms of the material law of other states. This problem has acquired a special relevance in connection with the formation of fifteen independent states on the territory of the once unified country (USSR), as well as with the acquisition of Russian citizens of the real right to go beyond the country and unhindered return to it, with the activation of multilateral relations of Russian individuals 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 applications of the laws of the legislation of other states in the resolution of civil disputes are provided for in section VI part 3 of the Civil Code of the Russian Federation, in the resolution of family disputes - in Art. 156 - 167 of the RF IC.

The issues of applying the rules of law of other states by Russian courts are also solved in detail in the multilateral and bilateral international treaties of the Russian Federation on legal assistance. As an example, you can bring the Minsk Convention of the CIS countries of January 22, 1993 "On legal assistance and legal relations in civil, family and criminal matters" *.

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

Consultations and comments of lawyers under Art 11 Code of Civil Procedure of the Russian Federation

If you have questions about the article 11 of the Code of Civil Procedure of the Russian Federation and you want to be confident in the relevance of the information provided, you can consult the lawyers of our site.

You can ask a question by phone or on the site. Primary consultations are held free from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

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 permits civil cases based on the customs of business turnover in cases provided for by regulatory legal acts. 2. The court, having established in the resolution of civil case that the regulatory legal act does not comply with the regulatory legal act having greater legal force, applies the norms of the act of the greatest legal force. 3. In the absence of the rules of law regulating a dispute relation, the Court applies the norms of law governing similar relations (analogy of the law), and in the absence of such rules it allows the case, based on the general principles and the meaning of legislation (the analogy of law). 4. If another rules have been established by the International Treaty of the Russian Federation than those provided by law, the Court of Civil Engineering applies the rules of the International Treaty. 5. The Court in accordance with the Federal Law or the International Treaty of the Russian Federation, with permission of cases, apply foreign law.

Counseling lawyer 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 answer:
Sources of civil procedural law recognize regulatory acts regulating the activities of civil proceedings. Civil proceedings in the federal courts of general jurisdiction are based on the Constitution of the Russian Federation, the Federal Constitutional Law of December 31, 1996 No. 1-FC3 "On the Judicial System of the Russian Federation", the Civil Procedure Code and the other federal laws taken in accordance with them. The order of civil proceedings among the magistrate is determined by the above-mentioned regulatory acts, as well as by the Federal Law of December 17, 1998 No. 188-FZ "On the World Judges in the Russian Federation". In addition to these legislation, the norms of civil procedural law are contained in many other federal laws: the Civil Code of the Russian Federation (Art. Art. 9, 152, 162, 166, 401, 415, 812, etc.); Family Code of the Russian Federation (Art. Art. 7, 8, 11, 28, 49, 78, 79, 108, 125, etc.); Labor Code of the Russian Federation (Art. Art. 382, \u200b\u200b383, 390-394, 397, etc.) and others. International treaties by virtue of Part 4 of Art. 15 of the Constitution of the Russian Federation acts as sources of civil procedural law. At the same time, if the international treaty of the Russian Federation has established other rules for civil proceedings than those provided for by law, the rules of the International Treaty applies. In accordance with S. art. 1 Code of Civil Procedure of the Russian Federation Regulatory decrees of the President of the Russian Federation and the Decree 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 Resolutions of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, which act exclusively acts of the judicial interpretation of the norms of procedural law.

Nikolay Karpetsy

Is the Federal Law - NPA? Please give a link to the law

Vasily Potanin

Tell me the article of the law in which it is stated that the court is obliged to judge the articles of the law, and not by "the wishes of the heart."

According to his "inner conviction" by the way should judge)

Raisa Popova

in what ratio are acts of Voronezh region. With federal legislation?

Lawyer's answer:

Anastasia Sobolev

Please tell me. What is the procedure for filing a claim to the Supreme Court of the Russian Federation on the recognition of government decisions
- Lawyer's answer:
  1) not a statement of claim, but an application2) This is called the recognition of inactive regulatory legal acts in whole or in part (chapter 24 of the Civil Procedure Code of the Russian Federation, art. 251-253 Code of Civil Procedure of the Russian Federation) 3) Coordinates - on the site of the Armed Forces of the Russian Federation: Postal Address: 121260, Moscow, ul. Povarskaya, 15.

Alena Gerasimova

does fire inspection have the right to repaint the entrance in which the oil painted?

let them show a piece of paper - where everything is painted with us and now painted. Official prescription with reference to the relevant article of the standards. Along the way, just want to beat a penny. The entrances do not belong to the objects of an increased fire ...

Oleg Yurkin

how to make a lawsuit in court

And what documents are in order? If only one evidence should be? It seems that your dad ownership of this country cottage area never acquired, but it became in the hereditary mass he is not included. Predically draw a lawsuit (if it is ...

Natalia Fedotova

how to apply for violation of constitutional rights

Lawyer's answer:
What kind of rights, by whom and ordinary circumstances are violated. What is confirmed by the fact of violation? Human constitutional rights / citizen various. We can talk about the administrative, criminal and civil case. It is also possible that it is about challenging NPA in the constitutional court ...

Maria Pavlova

I am a guarantor, a disabled person 3g. Participant of hostilities. According to the executive leaf of bailiffs, hold 50%. Right?

Lawyer's answer:
In order to get rid of this debt, you should go to court with a claim for recognition of a transaction (guarantee) invalid. The foundations may be very different, but based on the state of your health at the time of its commission and circumstances of the conclusion of the transaction. It is better to consult with the nearest lawyer, because you will probably need to write the claim and submit your interests in court. If there is no reason to be discovered, you will have to pay. Pay attention to the current edition of Article 79 of the Federal Law of October 2, 2007. N 229-FZ "On Enforcement Proceedings" (with changes and additions), from which it follows that penalties cannot be addressed to the property ownership belonging to the debtor on the ownership of the property, the list of which is established by the Civil Procedure Code of the Russian Federation. And, accordingly, the current version of Article 446 of the Civil Procedure Code of the Russian Federation, from which it can be seen that the recovery on executive documents cannot be drawn to the following property owned by a debtor's citizen on ownership of: residential premises (its part), if for a debtor's citizen and members of his family living in the premises owned, it is the only one suitable for permanent premises, with the exception of the property specified in this paragraph, if it is the subject of mortgage and on it in accordance with the mortgage legislation may be recovery; Land plots on which the objects listed in the second paragraph of the present part are located, with the exception of the property specified in this paragraph, if it is the subject of mortgage and on it in accordance with the mortgage legislation may be recovery; objects of the usual home environment and consideration, things of individual use (clothing, shoes and others), with the exception of jewels and other luxury items; the property required for professional debtor's professional training, with the exception of objects, the cost of which exceeds the minimum wage established by the federal law; used for purposes not related to the implementation of entrepreneurial activities, tribal, dairy and working cattle, deer, rabbits, birds, bees, the feed necessary for their maintenance to pastures to pastures (departure for an apiary), as well as household structures and structures necessary for their content; seeds required for the next sowing; food and money for the total amount of an equally established size of the subsistence minimum of the debtor's citizen himself and those in his dependence; Fuel, the necessary family of a debtor's citizen to prepare its daily food and heating during the heating season of its residential premises; means of transport and other citizen-debtor in connection with his disability property; Prizes, state awards, honorary and memorable signs that a citizen debtor awarded. Conclusion: If, as a result of the deduction, the bailiff remains less than the established amount of the subsistence minimum on you and all the persons on your dependency, then nothing is right in the actions of the bailiff. Such errors are usually corrected by a higher bailiff. About the Russian subsistence minimum can be viewed here: [link will appear after checking by moderator] . Garant. RU / 3921257 / But it is correct to search for a regulatory legal act of the competent senior authority of the state power of the Federation (administration of the subject of the Federation or representative body).

Sergey Kutuzov

How should the magistrate? When considering the controversial legal situation, the magistrate has established that the norm regulating this issue is not.

Lawyer's answer:
The answer to this question long ago, legislators were given. Contact your singer - Code of Civil Procedure Article 11. Regulatory legal acts applied by the court in the resolution of 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 permits civil cases based on the customs of business turnover in cases provided for by regulatory legal acts. The court, having established in resolving civil cases that the regulatory legal act does not comply with the regulatory legal act having greater legal force, applies the norms of the act of the greatest legal force. In the absence of rules of law regulating a dispute relation, the Court applies the rules of law regulating similar relations (analogy of the law), and in the absence of such rules permits the case, based on the general principles and the meaning of legislation (the analogy of the right) .4. If the international treaty of the Russian Federation has established other rules than those provided for by the law, the court in the resolution of civil cases apply the rules of the International Treaty. The court, in accordance with the Federal Law or the International Agreement of the Russian Federation, applying the norms of foreign law.

- Lawyer's answer:
  Sources of civil procedural law are regulatory acts (laws) adopted by the legislative authorities of the Russian Federation, and international treaties of the Russian Federation, establishing, changing or abolishing rules governing the procedure for civil matters in the federal courts of general jurisdiction and world judges. Contrary to existing views on one form of sources of civil procedural law, which is a regulatory act, the sources of civil procedural law can serve, along with standard-no-legal acts, international treaties, separate subcormative contractual rules and principles of justice. In this regard, I propose to divide all sources of civil procedural law into two types: regulatory acts of the state and other sources of law. Other sources of right include international treaties and regulatory agreements with a consequence. The principles of justice used by the court occupy a special place in the absence of a norm regulating similar procedural relations (Ch.5 article. GPK RSFSR). Conclusions are substantiated by law and judicial practice. Neither the custom nor the judicial precedent is currently the sources of civil procedural law.

Ksenia Zakharova

I ask again the question. Fighting!

Now - is it in 2014? So much none of Kuzma will stretch. In the Russian Federation, there is no Supreme Court of the USSR, nor the People's Court of the USSR. The problem initially deprived of meaning. From the series "How many apples has grown on birch". I certainly is not a lawyer, but it seems ...

- Lawyer's answer:
  Yes, we have a professor joking): - What happens? - The drive is the front, rear and complete. And the penalty itself is provided, and the rackens exist grounds for use Gpk (and the APC) to legal regulation of the administrative process, the simply applicable impressions provided for by these Codified NPA fines for the failure to appear in the case of the APN without a valid reason. That COAP de "does not provide for the sanction for the failure to appear without a valid reason" even judges say some. You have to take the quicks and show the judge of the article with comments ...

Daria Frolova

Can an expert having. The license is only on the evaluation activities to make fier-builds the examination of the section Zea-Ka .. The court instructed the BTI (state unitary enterprise BTI) to make forensic - builds an examination on the subject of the section. Examination was made with coarse mistakes. Just as it turned out later, when checking the license - this expert has permission only for assessment activities. In addition, this expert is not listed in the official state of this BTI, i.e., according to documents, he is not their employee. Now we are looking for loopholes to cancel this examination (petition to court), is it possible to really rely on the facts mentioned above?

certainly .. This expertise is illegal and you have the right to apply for the appointment of the new ... The conclusions cannot be perceived by the court as evidence.

Grigory Khlystunov

appeal complaint Compilation

In [the name of the Court, in which the complaint is served] from [Procedure Position in the case, F. I. O. Fully, address] [Procedural position, Name / f. I. O. Other persons participating in the case, their addresses and details] an appeal on ...

Claudia Lazarev

What are the consequences for court decisions. The decision of the Constitutional Court of the Russian Federation dated April 4, 1996, paragraph 1 of the procedure for consideration of issues of registration (registration) of citizens living outside the city of Moscow and the Moscow Region, which arrives in Moscow on the living area belonging to them in Moscow was recognized by the Constitution of the Russian Federation The right of ownership approved by the Decree of the Government of Moscow dated October 11, 1994 N 922. Citizen Kutsyllo V. I., on the complaint of which was considered the case, appealed to the Moscow Regional Court, who provided him in registration on the basis of the specified decree of the Government of Moscow demanding to revise the decision . The court refused to him, referring to the fact that the act, recognized as unconstitutional, loses its strength from the moment of declare the decision of the Constitutional Court. Consequently, the procedural rules and grounds for revising the previously made decision is not available, and the court can not consider the same thing, as it prohibits the Code. At what point is the acts recognized as unconstitutional, lose force? What are the consequences of the court decisions made on the basis of the unconstitutional act, should they be revised and if so, in what form?

Lawyer's answer:
According to Art. 79 FKZ "On the Constitutional Court of the Russian Federation" follows: 1. The decision of the CS of the Russian Federation, issued on the basis of the consideration of the case appointed to the hearing at the CS CU meeting, comes into force immediately after its proclamation. RESOLUTION OF THE COP RF, adopted in the manner prescribed by Art. 47.1 FKZ (permission for cases without conducting a hearing), enters into force on the date of its publication in accordance with Art. 78 FKZ (decision publishing). Other decisions of the CS RF come into force on their adoption. 2. Acts or their individual provisions recognized as unconstitutional are lost; The international treaties of the Russian Federation recognized as not relevant to the Constitution of the Russian Federation and the international treaties of the Russian Federation are not subject to enforcement and use. Solutions of vessels and other bodies based on acts or their individual provisions recognized by the decision of the CS of the Russian Federation are unconstitutional, are not subject to execution and should be revised in cases established by federal law. 3. In the event that the decision of the COP of the Russian Federation, the regulatory act is recognized as not relevant to the Constitution of the Russian Federation in whole or in part or from the decision of the COP of the Russian Federation implies the need to eliminate the gap in legal regulation, the state body or an official who adopted this regulatory act, consider the adoption of a new regulatory act It should, in particular, to contain provisions on the abolition of a regulatory act recognized as not relevant to the Constitution of the Russian Federation completely, or on making the necessary changes and (or) additions to a regulatory act, recognized as unconstitutional in a separate part. Before adopting a new regulatory act, the Constitution of the Russian Federation is directly applied.

Andrei Verperevsky

help please with learning

In _ INDUSTRAL DISTRICT DISTRICT G. Perm ________________________ Court Plaintiff: ________ Kurochkin V.I. _____________________________ Respondent: __________ PermTist LLC (located at the address: Perm, ul. Lenin, 12 ...

Dmitry Kandinsky

Evidence in court

Need to watch a claim. But if the court found what you need and requires, then you need. Write testimony can be proved as an option. If you think that the court incorrectly determined the circumstances to be proof, then the arguments of this can be ...

Nikita Garanichev

Are telephone records Are telephone conversations are attracted with a civil court for debt recovery ??

There is no written detection to 40-50K rubles mine, certified by the donor and recipient painting, agreed. Interest under certification from the notary seems to be no. . What are you? . CONCENT or Loan agreement are provided to the court (you can copy, but in ...

Georgy Raskin

the cadastral value of the house is overstated, and the percentage of worn out is underestimated. How to challenge this fact?

Civil Procedure Code of the Russian Federation ( Code of Civil Procedure) dated November 14, 2002 N 138-FZ Chapter 24. Production on the declaration of invalid regulatory legal acts in full or in terms of

Daniel Chusovitin

Providing defendant documents to the Court of Civil Problem, with false, unreliable information.

In the appeal, specify everything you do not like and what you think is subject. To refer to some specific articles optional. If you want to - make it up on the phrases about the accuracy of documents to the court. Judges all articles without listed ...

Evgeny Melekhin

Help solve the task, please.

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

Nikolai Kozhelin

Who is the proper defendant on the suit?. Who is a proper defendant on the claim for compensation for harm caused by illegal use as a measure of curbing detention? Links to NAP are welcome \u003d)

Lawyer's answer:
By virtue of part 1 articles 1070 of the Civil Code of the Russian Federation Harm caused to a citizen as a result of illegal conviction, illegal attraction to criminal liability, illegal use as a measure of curbing the detention or subscription on the unsewable, illegal attraction to administrative responsibility in the form of administrative arrest, as well as harm caused to a legal entity as a result of illegal involvement to administrative responsibility, refunded 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 constituent entity of the Russian Federation or the treasury of the municipality in full, regardless of the guilt of officials of the bodies of the inquiry, preliminary investigation, prosecutor's office and the court in the manner prescribed by law . According to the explanations of the Presidium of the Supreme Court of the Russian Federation (a review of legislation and judicial practice for the third quarter of 2004), based on the fact that federal courts and world judges constitute a single judicial system of the Russian Federation, the financing of which is carried out at the expense of the federal budget, the harm specified in Part 1. art. 1070 of the Civil Code of the Russian Federation In the event that it is caused by a citizen by illegal actions of the world judge, shall be reimbursed at the expense of the treasury of the Russian Federation. If the harm is caused by illegal actions of law enforcement officers, then it is necessary to watch what budget they are funded, as a rule from regional. Therefore, the defendant in the reimbursement of harm will be 1) this particular body; 2) The Ministry of Finance of this Subject. In any case, according to art. 41 GPK The court in the preparation of the case or during his proceedings in the court of first instance could be allowed at the request or with the consent of the plaintiff to replace the improper respondent properly. That is, the Court may also replace the defendant on his initiative with your consent.

Lydia Vinogradova

Is lawyers? Help me please!

what is the connection between the prosecutor's office and passport ?? ? Maybe it was easier to appeal in court the failure of the UFMS? There are foundations, you can file a claim. First, we explain the court that you wrote the prosecutor and what the prosecutor answered, make an interim conclusion about ...

Lily Queen

Do you have the right to remove me from the queue for sq.., If in marriage. Terminated, her husband had 3-bedrooms. kV-ra?

There are requirements and criteria for attributing to those and other groups established, including regional NPA, it can be assumed that you have married you stopped being a low-income and at that time you have disappeared the grounds for finding a queue on ...

Inna Queen

Help the work. The head of the city administration adopted a resolution, prohibiting employers to host adolescents under the age of 18, if they do not have a document on secondary education, as well as persons who do not have local regulations. Is this decision legally? What is the competence of the authorities of the constituent entities of the Russian Federation, as well as local government agencies in the field of labor relations?

Lawyer's answer:
This ruling is illegal! This is generally nonsense, by his decision he at least hampers the constitutional right to work! The head of the city administration is not entitled to take decrees contradictory law. You have 2 options: 1) do not pay attention to the ruling. 2) Consult the court to recognize such a decision illegal. Shl to win such a matter, not even be a lawyer. Make a correct statement claim according to the CCP, and you will definitely win.

Timur Klimanov

what is the Resolution of the Plenum of the Supreme Court?

answer to question 3 - it is necessary for all courts of the Russian Federation on this issue a unified law enforcement practice. These are guidelines for specific issues of the current legislation of different branches of law. Some decisions ...

Eduard Kirshin

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

In Russia, the precedent is officially not a source of law. This is brief. In practice, the role of the precedent in a sense is carried out by the decisions of the Plenums of the Supreme and Supreme Arbitration Courts on individual law enforcement issues. In the spring ...

Antonina Romanova

Based on Articles of Civil Procedure Code (Chapter 3, Article 22-3). Determine which court it is necessary to contact: d) a citizen Novikov N. Citizen Derrygin B. did not return 2 thousand rubles., Bidded under the loan agreement; e) Ignatov I. illegally fired from work. He appealed to the court with a statement about restoring at work. e) the spouses of the zotov wish to arrange a divorce (minor children do not have); g) Sidorov O. rushed with Petrov E., causing his health the harm of moderate gravity. He faces the punishment in the form of imprisonment for up to 3 years. h) Ivanov's spouses filed a statement about the termination of marriage with a simultaneous request to decide in court with whom their minor child should be accommodated.

Which court and in what composition can be considered an orders of the President of the Russian Federation? Why do not judge agree with me?. No. 110 do you agree with the fact that such laws as the Housing Code of the Russian Federation, the law "On gas supply in the Russian Federation", the Federal Law of November 23, 2009 №261-ФЗ "On Energy Saving and the Enhancement of Energy Efficiency and Amendments to Separate legislative acts of the Russian Federation "have less legal force than the Civil Code of the Russian Federation and the Law" On Consumer Rights Protection "? Are you agreeing with the fact that other laws having less legal force contradict the Constitution of the Russian Federation in the case when it contains the rules of law that are not relevant to the norms of law by established laws having greater legal force and thereby cancel or detract from the rights of a citizen established by laws with greater legal force of the point 2 Articles 55 of the Constitution of the Russian Federation "In the Russian Federation should not be published by laws that abolish or eliminate human rights and freedoms and citizen." No. 112 do you agree that the rule of law of the established article 101 of the Law "On the Constitutional Court of the Russian Federation" "The Court when considering the case in any instance, concluding the inconsistency of the Constitution of the Russian Federation of the Law applied or subject to use in the specified case, appeals to the constitutional Court of the Russian Federation with a request to verify the constitutionality of this law. Provided the right of judge to apply to the Constitutional Court of the Russian Federation with a request for the verification of the constitutionality of this law "is interpreted as its right and not a duty? 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, by establishing a civil case, that the regulatory legal act does not comply with the regulatory legal act, having greater legal force, applies the norms of the act of the greatest legal force. The court is obliged to establish the existing inconsistencies of the regulatory legal act with a regulatory legal act having greater legal force. P. 12 №114 Do you agree with the fact that in terms of the registers "if otherwise not established by law or other legal acts" of Article 539,543,544,548 of the Civil Code of the Russian Federation does not comply with greater legal force of the rule of law in paragraph 2 articles 3 of the Civil Code of the Russian Federation : "Civil law standards contained in other laws must comply with this Code" and should not be applied by the court by virtue of paragraph 2 of Article 11 of the Code of Civil Procedure of the Russian Federation? Did you agree with the fact that in the part of the attributes "if otherwise not established by law or other legal acts" of Article 539,543,544,548 of the Civil Code of the Russian Federation diminish my right to ensure that the norms of civil law contained in other laws correspond to the Civil Code of the Russian Federation and by virtue of paragraph 2 Article 55 of the Constitution of the Russian Federation are not relevant to the Constitution of the Russian Federation? №116 Do you agree with the fact that the registers "if otherwise not established by law or other legal acts" in Articles 539,543,544,548 of the Civil Code of the Russian Federation were made in consciousness that the norms of law set by these articles are not executed and in hope this failure to legalize? №117 Do you agree with the fact that the attitudes "unless otherwise provided by law or other legal acts" in paragraph 1 articles 544 of the Civil Code of the Russian Federation appeared in connection with the failure of the requirement of paragraph 2 articles 539 of the Civil Code of the Russian Federation On ensuring accounting of energy consumption when selling the population of such goods as gas, cold and hot water, heat? №118 Do you agree that the problem of the absence of counters in the population can be quickly solved adding paragraph 2 articles 539 Paragraph: "In the case when a citizen who uses energy for domestic consumption is the subscriber under the power supply contract, the obligation to ensure that 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 Protection of Consumer Rights" and the custom of business turnover "Buyer does not go to the store with its weights will be fully complied with.

Uncle Yura! We play in the sandbox! And you ship us! Nafig!

Igor Kirillich

what matters is the Supreme Court of the Russian Federation?

Lawyer's answer:
The Supreme Court of the Russian Federation is the highest judicial authority for civil, criminal, administrative and other cases, susso courts of general jurisdiction. The Supreme Court of the Russian Federation implements the judicial supervision of the activities of courts of general jurisdiction, including military and specialized federal courts in accordance with the federal law of procedural forms. The Supreme Court of the Russian Federation, within its competence, considers cases as a court of second instance, in the order of supervision and on newly discovered circumstances, and in cases stipulated by the Federal Law, also as a court of first instance. The Supreme Court of the Russian Federation is directly a higher judicial authority towards the Supreme Courts of the republics, regional (regional) courts, courts of federal importance, the courts of the autonomous region and autonomous districts, military courts of military districts, fleets, species and groups of troops. The Supreme Court of the Russian Federation gives clarification on issues of judicial practice. The powers, the procedure for the formation and activities of the Supreme Court of the Russian Federation are established by the Federal Constitutional Law. The jurisdiction of the Supreme Court of the Russian Federation 1. The Supreme Court of the Russian Federation considers civil cases as a court as a court: 1) on the challenge of the abnormative legal acts of the President of the Russian Federation, the abnormative legal acts of the chambers of the Federal Assembly, the abnormative legal acts of the Government of the Russian Federation; 2) on challenging the regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of other federal state authorities affecting the rights, freedoms and legitimate interests of citizens and organizations; 3) on challenging the decisions on the suspension or termination of the powers of the judges or the cessation of their resignation; 4) on the suspension of the activities or liquidation of political parties, all-Russian and international public associations, on the elimination of centralized religious organizations with local religious organizations in the territories of two or more subjects of the Russian Federation; 5) on challenging decisions (evasion of decision-making) of the Central Election Commission of the Russian Federation (regardless of the level of elections, referendum), with the exception of decisions that remain in the power of the decision of the lower election commissions, the referendum commissions; 6) to resolve disputes between the federal government bodies and the state authorities of the constituent entities of the Russian Federation, between the state authorities of the constituent entities of the Russian Federation, transferred 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 disbanding the Central Election Commission of the Russian Federation. 2. The federal laws on the jurisdiction of the Supreme Court of the Russian Federation may also include other cases. The Supreme Court of the Russian Federation is subject to criminal cases referred to in Article 452 of this Code, as well as other criminal cases attributed by the Federal Constitutional Law and the Federal Law to its jurisdiction. Article 452. Consideration of a criminal case against a member of the Federation Council, deputy State Duma, Judges of the Federal Court are a criminal case against a member of the Federation Council, a deputy of the State Duma, judges of the Federal Court on their petition declared before the start of the trial is considered by the Supreme Court of the Russian Federation.

Valeria Krylova

Where, in which charters, regulatory acts, laws, codes are prescribed official duties Chiefs of FKU IR? We have such a situation: you need a power of attorney (for the maintenance of all of his civil affairs he is sitting: receiving mail, money, property, inheritance, etc.) from the uncle, who is serving the term, asked the head of the FKU IR 21, assure the power of attorney ... . Solasno n. 3 art. 185 of the Civil Code of the Russian Federation - These are notarial powers in notarial powers, such as the head of the IR FCU. In writing sent a refusal - type of power of attorney is not included in the officials of the bosses of FKU IC ... Contact notary .... Where, in which charters, regulations, laws, the codes are registered by the duties of the heads of FKU IK?

Lawyer's answer:
Follow the management boss FSIN Rostov region By subject. The first time I meet such a stupid otmazzka - always without problems assured the heads of attorney, just that it does not quickly - depending on which particular service is preparing the power of attorney and the signature has a trust, and then the boss will run away, but to refuse - never. Who is this notary letters on the regime object?!

Alexey Basunov

The provision enshrined in the Constitution of the Russian Federation on the highest legal force and the direct action of the Constitution of the Russian Federation means that all constitutional norms have the rule of law over the laws and subtitle acts, due to the courts in the proceedings of specific court cases should be guided by the Constitution of the Russian Federation (preamble of the Resolution of the Plenum of the Supreme Court of the Russian Federation from 31 October 1995 N 8 "On some issues of applying the courts of the Constitution of the Russian Federation in the implementation of justice").

1. In a commented article, it contains a rule of a vertical hierarchy of regulatory acts in the process of applying material legislation in the resolution of civil cases. In the circle applied by the court, almost all possible sources of law are included - from the Constitution of the Russian Federation to the customs of business turnover.

Article 11.

12. The Court is allowed to apply the analogy of the law and the analogy of law. This legal status is enshrined in part 3 of the commented article. For example, to relationships on payment of foams for late taxation (customs payments) can be applied by analogy of the Law Art. 333 of the Civil Code of the Russian Federation.
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By analogy with the interpretation of previously operating civil procedural rules. See: Overview 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. N 7.

7. If, when considering the case, the court will establish that the rule of law is contrary to the part of the First Civil Code of the Russian Federation, the Court applies the relevant norm of the Civil Code of the Russian Federation.
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By analogy with the interpretation of previously operating civil procedural rules. See: Determination of the judicial board on 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. P. 3.

Article 11 Code of Civil Procedure of the Russian Federation

Regulatory legal acts and other sources of material law standards, on the basis of which courts are allowed civil cases, are named in the manner defined by their legal force: the Constitution, the international treaties of the Russian Federation, FKZ, FZ, the acts of the President and the Government of the Russian Federation, the acts of the subjects of the Russian Federation, municipalities. It is easy to notice that the precedents of the ECHR are not named among the sources of legal regulation of material legal relations. Meanwhile, joining the Convention on the Protection of Human Rights and Fundamental Freedoms, Russia recognized the position of the ECHR's position in the interpretation of the Convention and the Protocols to it in the decisions on specific cases (see Decree of the Plenum of the Armed Forces of the Russian Federation dated December 19, 2003 No. 23). Customs of business turnover are applied in the field of entrepreneurial activity and only in exceptional cases can be applied by the courts of general jurisdiction. Under the custom of business turnover should be understood as not provided by law or contract, but the current behavior is established and applied to any field of entrepreneurial activity. The custom of business turnover can be applied regardless of whether it is recorded in any document (published in the press, set forth in the decision that has entered into legal force on a 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 attitude included in the subject of civil law is not resolved by law or 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 contract for participants ( . 2, Art. 5 of the Civil Code of the Russian Federation). Guidelines for the use of custom turnover customs are contained in paragraph 2 of Art. 478, paragraph 2 of Art. 513, paragraph 1 of Art. 722 GK.
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See: 4 Resolutions of the Plenums of the Armed Forces of the Russian Federation and the Russian Federation dated 07/01/1996 N 6/8 "On some issues related to the use of part of the First Civil Code of the Russian Federation".

Article 11 Code of Civil Procedure of the Russian Federation

Article 11.

Part of the legal system of the Russian Federation are also the applicable international treaties for which the Russian Federation continues to implement international rights and the obligations of the USSR as a state of the continuer of the SSR Union. "
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Russian newspaper. 2003. N 244.

Article 1 of the Code of Civil Procedure of the Russian Federation provides for the legislation on civil proceedings, which is in the introduction of the Russian Federation. The commented article defines the regulatory legal acts applied by the court in the resolution of civil cases, in which the regulatory 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. Reference in a court decision for the fact that at the time of consideration of the dispute in court there was a decision of the Constitutional Court of the Russian Federation, which the article of the regulatory act was recognized as unconstitutional and, therefore, invalid could be recognized as insolvent. This happens when the decision of the Constitutional Court of the Russian Federation entered into force after the implementation of the unconstitutional norm and the inverse force does not.

Article 11 Code of Civil Procedure of the Russian Federation

4. Failure to comply with the requirements for state registration of the regulatory act and the obligation of its publication entails the recognition of this act in an invalid and not subject to use in the territory of the Russian Federation. In accordance with paragraph 10 of the Decree of the President of the Russian Federation of May 23, 1996 N 763 "On the procedure for publishing and entry into force of the acts of the President of the Russian Federation, the Government of the Russian Federation and the regulatory legal acts of the federal executive authorities" regulatory legal acts of federal executive authorities, In addition to acts and some of their provisions containing information constituting a state secret, or confidential information, which has not passed state registration, as well as registered, but not published in the prescribed manner, do not entail legal consequences as not entered into force and cannot serve as a basis for regulation of relevant legal relations, applying sanctions to citizens, officials and organizations for non-compliance with the prescriptions contained in them. By virtue of Part 3 of Art. 15 of the Constitution of the Russian Federation any regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for universal information.

2. According to Part 5 of Art. 76 The Constitution of the Russian Federation laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws. In the event of a contradiction between federal law and other act, a federal law has been operating in the Russian Federation.

06 Jul 2018. 143

(official revision, full text Articles 11 Code of Civil Procedure of the Russian Federation with comments)

2. The court, having established in the resolution of civil case that the regulatory legal act does not comply with the regulatory legal act having greater legal force, applies the norms of the act of the greatest legal force.

4. If another rules have been established by the International Treaty of the Russian Federation than those provided by law, the Court of Civil Engineering applies the rules of the International Treaty.

5. The Court in accordance with the Federal Law or the International Treaty of the Russian Federation, with permission of cases, apply foreign law.

Comments on Article 11 of the Code of Civil Procedure of the Russian Federation in the current edition

When familiarizing with Article 11 of the Code of Civil Procedure of the Russian Federation, the current edition should pay attention to the order in which regulatory legal acts are listed. It was in part 1 of the commented article 11 of the Code of Civil Procedure of the Russian Federation a peculiar hierarchy of regulatory legal acts from the greatest strength of the Constitution of the Russian Federation to regulatory legal acts of local government bodies is given.

The Constitution of the Russian Federation has the highest legal force, all other regulations should not be contrary to its provisions. If during the trial the court will establish that some legal act contradicts the Constitution of the Russian Federation, then the Constitution of the Russian Federation applies, when permitting the case. That is why the Constitution of the Russian Federation is a legal act of direct action. The court will act in the same way if a legal act having less power will contradict the provisions of a regulatory legal act that has greater legal force.

Article 11 of the Code of Civil Procedure of the Russian Federation in the current edition developed enshrined in the possibility of applying the analogy of the law and the analogy of the law in the consideration and resolution of civil cases. It is necessary to deal with these legal concepts.

In civil law analogy of the law, the application of a law regulating similar legal relations is considered in the absence of a direct norm regulating controversial relations. Three main conditions for the use of the analogy of the law can be distinguished:

the analogy of the law applies in the implementation of the principle of legality;
the analogy of the law applies when legal relations are not resolved by law or agreement of the parties and there is no corresponding custom of business turnover;
the analogy of the law applies in cases where the use of one special law regulating the controversial relationship is not enough to protect violated right.

The analogy of law is considered to be the use of general principles and sense of legislation, when there are no legal norms that can be applied by analogy of the law. In civil proceedings, if necessary, the use of analogy of law can be used as general norms of procedural legislation, enshrined in chapter 1 of the Code (for example, when solving the issue of an open or closed court session or when solving a question about a language that is applied at the court session).

It should be noted that cases of applying the analogy of the law, and even more so analogy of law in civil proceedings are quite rare. Basically concern the application by judges an analogy in resolving procedural conflicts. Thus, in the Code of Civil Procedure of the Russian Federation did not find its place to clearly regulate the actions of the Court and the participants of the process when permitting petitions, when considering issues in the implementation of the court decision. In such cases, the courts are used by analogy of the norm of the Code, governing the issues of acceptance of claims and consideration of civil cases in lawsuage.

Additional comment 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 Art. 11 Code of Civil Procedure of the Russian Federation. Each regulatory legal act must be adopted by the competent authority and in the manner prescribed by law.

Specified in part 1 of the commented article 11 of the Code of Civil Procedure of the Russian Federation in the current edition, the regulatory legal acts are listed in a strictly defined manner, which is predetermined by the place of each of them in the hierarchical system of Russian legislation. Acts occupying a lower place in this system must comply with all other steps in it.

In the first place is the Constitution of the Russian Federation - a regulatory act that has a higher legal force and direct action. All laws and other regulatory acts adopted in the Russian Federation should not contradict the Constitution of the Russian Federation.

Under subjects of reference of the Russian Federation, federal constitutional laws and federal laws are accepted, which have direct action throughout the Russian Federation. Federal laws cannot contradict federal constitutional laws. According to subjects of joint management of the Russian Federation and constituent entities of the Russian Federation, federal laws and the laws and other regulations of the constituent entities of the Russian Federation are published.

Outside of the management of the Russian Federation, the joint management of the Russian Federation and the constituent entities of the Russian Federation, the region, the region, the city of federal significance, the autonomous region and the autonomous districts carry out their own legal regulation, including the adoption of laws and other regulatory acts. Laws and other regulatory acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted on subjects of maintenance of the Russian Federation and on subjects of joint management 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, should not contradict the federal laws regulating these relations.

Decisions of the Government of the Russian Federation are accepted on the basis of both federal laws, presidential decrees of the Russian Federation.

Laws and other legal acts used in the Russian Federation should not contradict the Constitution of the Russian Federation (Art. 15 of the Constitution). In the event of a contradiction of the law or other legal act of the Constitution, the court must decide in accordance with the Constitution of the Russian Federation. In case of contradiction of the Decree of the President of the Russian Federation or the Decree of the Government of the Russian Federation, the relevant law applies to federal law.

When considering cases, the courts should take into account that if the law is subject to use or other regulatory legal act of the constituent entity of the Russian Federation contradict the Federal Law, adopted on issues under the jurisdiction of the Russian Federation or in the joint venture of the Russian Federation and the subject of the Russian Federation, then, based on the provisions of . 5 tbsp. 76 of the Constitution of the Russian Federation, the Court must make a decision in accordance with the Federal Law.

If there are contradictions between the regulatory legal act of the constituent entity of the Russian Federation, adopted on issues related to the maintenance of the subject of the Russian Federation and the Federal Law, then by virtue of Part 6 of Art. 76 The Constitution of the Russian Federation is subject to the application of the regulatory legal act of the subject of the Russian Federation.

When considering and resolving the dispute, the Court may conclude 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 refers to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of this law. The request is forbidden if the law is applied or subject to, according to the court, the application in the specific case in question.

On the need to handle requests to the Constitutional Court of the Russian Federation, the court makes a motivated definition (resolution). The request itself is drawn up in writing in the form of a separate document.

Inquiry on the verification of the constitutionality of the law applied or subject to use, when considering the specific case of the law, the court in accordance with the requirements of Art. The 37 federal constitutional law "On the Constitutional Court of the Russian Federation" should indicate the exact name, number, date of adoption, the source of publication and other data on the legislative act subject to verify, as well as the motives for which he concluded the direction of the specified request. By virtue of Art. The 38 of the Federal Constitutional Law of the request must be applied to the text of the law to be inspected, and transfer to Russian all documents and other materials set forth 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 proceedings applied or subject to the law or execution receivedbased on the requirements of Art. 103 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", suspended until the request permission to the Constitutional Court of the Russian Federation, which should be indicated in the above-mentioned definition (judgment) of the Court (p. 3).

Of great importance for the proper application of the law, when resolving specific cases, clarification of the Plenum of the Supreme Court of the Russian Federation.

In the current legislation, the priority of the norms established by the International Treaty of the Russian Federation before domestic law is enshrined.

In h. 3 tbsp. 11 Code of Civil Procedure of the Russian Federation This is the application of the law and the right to the court. By the analogy of the law, the court can be resorted only if there is no rate of law governing the controversial relationship, and to the analogy of law - when there are no norms that regulate the disputed relationship and the norms regulating the relations similar to them. With the analogy of law, the Court proceeds from the general principles and the meaning of laws.

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

The court, when resolving a specific dispute, can 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

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

Courts in the consideration of the dispute were to be guided by Part 2 of Art. The 11 Code of Civil Procedure of the Russian Federation, according to which the court, having established in the resolution of civil case, that the regulatory legal act does not comply with the regulatory legal act, having greater legal force, applies the norms of the act with the greatest legal force.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 57 "On some issues of the application of legislation regulating 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 - Courts) by virtue of part 4 of the article, Part 3 of Article 11 of the Civil Procedure Code of the Russian Federation (hereinafter - 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 - the APC RF), part 4 of Article 2, Part 6 of Article 15 of the Administrative Judging Code of the Russian Federation (hereinafter referred to as the CAS RF), has the right to resolve issues related to the use of documents in electronic form on the basis of the use of norms regulating similar relations ( The analogy of the law), and in the absence of such rules, proceed from the general principles and the meaning of legislation (the analogy of law).

Determination of the Supreme Court of the Russian Federation 5-kg18-320

Requirement: on the recognition of redevelopment actions and reorganization of premises illegal, the obligation to eliminate the identified disorders.

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

Solution: The case is aimed at a new consideration, since the court did not take into account the circumstances that after the work carried out, the stage of the respondent'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 of December 19, 2003 N 23 "On judicial decision"It is explained that the decision is legitimate when it is adopted with the exact compliance with the norms of procedural law and in full compliance with the norms of substantive law, which are subject to applying to this legal relationship, or is based on the use of the law or analogy of the law in the necessary cases. . 1 Art. 1, Part 3 of Art. 11 of the Civil Procedure Code of the Russian Federation). The decision is justified when the facts that matter have been confirmed by the proofs studied by the court that meet the requirements of the law on their relativeness and admissibility, or circumstances that do not need to be proof (Art., -, Civil Procedure Code of the Russian Federation), and then When it contains exhaustive conclusions of the court arising from the established facts.

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

Consultations and comments of lawyers under Art 11 Code of Civil Procedure of the Russian Federation

Counseling lawyer under Art. 11 Code of Civil Procedure of the Russian Federation

Article 11.

Article 11 Code of Civil Procedure of the Russian Federation

Article 11 Code of Civil Procedure of the Russian Federation

Article 11.

Article 11 Code of Civil Procedure of the Russian Federation

Article 11 Code of Civil Procedure of the Russian Federation

Comments on Article 11 of the Code of Civil Procedure of the Russian Federation in the current edition

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

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

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

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

Determination of the Supreme Court of the Russian Federation 5-kg18-320

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