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Civil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA November 2, December 29, 2004, July 21, December 27, 2005, December 5, 2006, July 24, October 2, 18, December 4, 2007, June 11, July 14, 22, November 25, 2008, February 9, April 5, June 28, November 9, 2009, February 11, March 9, April 30, July 23, 27, December 9, 23, 2010, April 6, May 4, June 14, Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA December 3, 2011, February 6, 2012)Adopted by the state Duma on October 23, 2002Approved by the Federation Council on October 30, 2002Section I. GenerBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
al ProvisionsChapter 1. Basic ProvisionsArticle 1. Legislation on the Civil Court Procedure1.The order for the civil court procedure in the federal coCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA e Russian Federation, in the present Code and in the other federal laws adopted in conformity with the above acts, and the order for the civil court procedure at a justice of the peace - also in the Federal Law on the Justices of the Peace in the Russian Federation.2.If an international treaty of th Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA e Russian Federation has established the rules for the civil court procedure different from those stipulated by the law, the rules of the internationaBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
l treaty shall be applied.3.The civil court procedure shall be carried out in conformity with the federal laws operating in the period of the considerCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA sions and rulings of the court, decisions of the presidium of the court of the supervisory instance), and of the decisions of the other bodies.4.If there is no norm of procedural law regulating relations arising in the course of the civil court procedure, the federal courts of general jurisdiction a Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA nd the justices of the peace (hereinafter also referred to as the court) shall apply a norm regulating similar relations (the analogy of the law), andBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
in the absence of such norm shall act proceeding from the principles of administering justice in the Russian Federation (the analogy of law).Article Civil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA e civil cases for the purposes of protecting the violated or the disputed rights, freedoms and lawful interests of citizens and organizations, of the rights and interests of the Russian Federation, of the subjects of the Russian Federation, of the municipal entities and of the other persons who are Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA the subjects of civil, labour and other legal relations. The civil court procedure shall facilitate consolidation of the legality and of the law and oBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
rder, prevention of law offences and formation of a respectful attitude towards the law and the court.Article 3. Right to Appeal to the Court1.An inteCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA with the order established in the legislation on the civil court procedure, in particular, to make a claim with court for awarding thereto compensation for violation of the right to court proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time.2.Ref Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA usal from the right to appeal to the court is invalid.3.By an agreement of the parties, a dispute arising from civil legal relations which falls underBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
the jurisdiction of a court may be handed over by the parties for consideration to a tribunal before the court of the first instance passes the judicCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA l Case in the Court1.The court shall institute a civil case by application from a person who has applied for the protection of his rights, freedoms and lawful interests.2.In the cases envisaged in the present Code and other federal laws, a civil case may be instituted at an application from a person Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA coming out on his own behalf in protection of the rights, freedoms and lawful interests of another person or of an indefinite circle of people, or inBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
protection of the interests of the Russian Federation, of the subjects of the Russian Federation and of the municipal entities.Article 5. AdministratCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA these courts alone, in accordance with the rules established in the legislation on the civil court procedure.Article 6. Equality of All Before the Law and the CourtJustice on the civil cases shall be administered on the principles of equality before the law and the court of all the citizens, irrespe Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA ctive of their sex. race and nationality, of the language, the origin and the property or the official status, of their place of residence, of their rBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
elation to religion and convictions, affiliation to public associations and other circumstances, and all organizations, regardless of their legal orgaCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA ceedings and Reasonable Time for Execution of a Court Decision1.Proceedings at courts shall be carried out and judicial decisions shall be executed within a reasonable time.2.Cases shall be tried by courts within the time periods fixed by this Code. It shall be allowable to extend these time periods Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA in the instances and in the procedure established by this Code but court proceedings shall be carried out within a reasonable time.3.When fixing a reBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
asonable time period for court proceedings which includes the time period from the date when the statement of claim or an application is received by aCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA exity of the case, behavior of civil proceedings' participants, sufficiency and effectiveness of the court's actions made for the purpose of the case's consideration in due time and the total duration of court proceedings in respect of the case shall be taken into account.4.The circumstances connect Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA ed with organization of a court's functioning, in particular with replacement of a judge, as well as a case's trying by various instances, may not beBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
taken into account as grounds for exceeding a reasonable time for court proceedings in respect of the case.5.The rules for fixing a reasonable time foCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA xecution of judicial acts.6.If after taking over the statement of claim or application a case has not been tried for a long time and court proceedings drag on. the persons concerned are entitled to file with the court's chairman an application for speeding up the case's consideration.7.An applicatio Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA n for speeding up a case's consideration shall be considered by the court's chairman within a five-day term from the date when the court receives theBộ Luật Tố Tụng Dân Sự LIÊN BANG NGA
application. On the basis of the results of the application's consideration, the court chairman shall issue a reasoned ruling where the time for holdiCivil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, N Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA Man and Collegiate Consideration of Civil Cases1.Civil cases in the courts of the first instance shall be considered by the judges of these courts alone or, in the cases, stipulated in the federal law, collegiately.2.If the present Code grants the judge the right to consider civil cases and to perfo Bộ Luật Tố Tụng Dân Sự LIÊN BANG NGA rm the individual procedural acts alone, the judge shall be seen as acting on behalf of the court.Civil Procedural Code Of The Russian Federation No. 138-Fz Of November 14, 2002(with the Amendments and Additions of June 30, 2003, June 7, July 28, NGọi ngay
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