Chapter 1. Civil Law.
Article 1. Basic principles of civil law.
1. Civil law is based on recognizing the equality of participants in relations regulated by it, the inviolability of property, freedom of contract, the inadmissibility of arbitrary interference with anyone in private affairs, the need for unhindered exercise of civil rights, ensuring the restoration of violated rights, their judicial protection.
2. Citizens (individuals) and legal entities acquire and exercise their civil rights through their own will and in their interest. They are free to establish their rights and obligations on the basis of a contract and to determine any conditions of the contract that do not contradict the law.
Civil rights may be restricted on the basis of federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.
3. Goods, services and financial assets move freely throughout the Russian Federation.
Restrictions on the movement of goods and services may be imposed in accordance with federal law, if this is necessary to ensure safety, protect human life and health, and protect nature and cultural values.
Article 2. Relations regulated by civil law.
1. Civil law determines the legal status of participants in civil turnover, the grounds for and the procedure for exercising the right of ownership and other property rights, exclusive rights to the results of intellectual activity (intellectual property), regulates contractual and other obligations, as well as other property and related personal non-property relations based on equality, autonomy of will and property independence of their participants.
Participants in regulated by civil law relations are citizens and legal entities. The Russian Federation, the subjects of the Russian Federation and the municipalities may also participate in relations regulated by civil law (Article 124).
Civil law regulates relations between persons engaged in entrepreneurial activity, or with their participation, on the assumption that entrepreneurial activity is an independent activity performed at one's own risk, aimed at systematically receiving profit from using property, selling goods, performing work, or providing services to persons registered in this quality in the manner prescribed by law.
The rules established by civil law apply to relations with the participation of foreign citizens, stateless persons and foreign legal entities, unless otherwise provided by federal law.
2. Inalienable rights and freedoms of a person and other intangible benefits shall be protected by civil law, unless otherwise following from the essence of these intangible benefits.
3. The civil law does not apply to property relations based on administrative or other authority subordination of one party to the other, including tax and other financial and administrative relations, unless otherwise provided by law.
Article 3. Civil legislation and other acts containing norms of civil law.
1. In accordance with the Constitution of the Russian Federation, civil law is administered by the Russian Federation.
2. Civil legislation consists of this Code and other federal laws adopted in accordance with it (hereinafter referred to as laws) governing the relations specified in clauses 1 and 2 of Article 2 of this Code.
The rules of civil law contained in other laws must comply with this Code.
3. The relations specified in clauses 1 and 2 of Article 2 of this Code may also be regulated by decrees of the President of the Russian Federation, which should not contradict this Code and other laws.
4. On the basis of and in pursuance of this Code and other laws, decrees of the President of the Russian Federation, the Government of the Russian Federation shall have the right to adopt resolutions containing norms of civil law.
5. In the event of a conflict with the decree of the President of the Russian Federation or a resolution of the Government of the Russian Federation to this Code or another law, this Code or the relevant law shall apply.
6. The validity and application of the norms of civil law contained in decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation (hereinafter referred to as other legal acts) are determined by the rules of this chapter.
7. Ministries and other federal bodies of executive power may issue acts containing norms of civil law in the cases and to the extent provided for by this Code, other laws and other legal acts.
Article 4. The effect of civil law in time.
1. Acts of civil law are not retroactive and apply to relations arising after their entry into force.
The law applies to relationships that have arisen prior to its entry into force only in cases where it is expressly provided by law.
2. For relations that arose prior to the enactment of an act of civil law, it applies to rights and obligations that arose after its enactment. The relations of the parties under a contract concluded prior to the enactment of an act of civil law shall be regulated in accordance with Article 422 of this Code.
Article 5. The customs of business turnover.
1. The custom of business turnover is recognized as a rule of conduct that has been established and is widely used in any field of business activity, which is not stipulated by law, regardless of whether it is recorded in any document.
2. The customs of business turnover that contradict the provisions of the law or the contract binding for the participants of the relevant relationship shall not apply.
Article 6. Application of civil law by analogy.
1. In cases where the relations provided for in Clauses 1 and 2 of Article 2 of this Code are not directly regulated by law or by agreement of the parties and there is no applicable custom of business turnover, such relations, if this does not contradict their essence, civil law regulating similar relations applies (analogy of the law).
2. If it is impossible to use the analogy of law, the rights and obligations of the parties are determined on the basis of the general principles and the meaning of civil law (analogy of law) and the requirements of good faith, reasonableness and justice.
Article 7. Civil law and international law.
1. The generally recognized principles and norms of international law and international treaties of the Russian Federation are, in accordance with the Constitution of the Russian Federation, an integral part of the legal system of the Russian Federation.
2. International treaties of the Russian Federation are applied to the relations specified in clauses 1 and 2 of Article 2 of this Code, directly, unless it follows from an international treaty that its application requires the issuance of a domestic act.
If an international treaty of the Russian Federation establishes other rules than those provided for by civil law, the rules of the international treaty shall apply.
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