FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 28, 2018 No. 451-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on November 20, 2018

Approved by the Federation Council on November 23, 2018

Article 1

In item 4 of article 7 of the Federal Law of December 8, 1995 No. 193-FZ "About agricultural cooperation" (The Russian Federation Code, 1995, No. 50, the Art. 4870) the word "jurisdiction" to replace with the word "competence".

Article 2

Bring in article 52 of the Federal Law of July 16, 1998 No. 102-FZ "About mortgage (pledge of the real estate)" (The Russian Federation Code, 1998, No. 29, the Art. 3400) the following changes:

To exclude 1) in the name of the word "and jurisdiction";

The words "and jurisdictions" to exclude 2).

Article 3

Bring in the Federal Law of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation" (The Russian Federation Code, 1998, No. 31, Art. 3813; 2006, No. 31, Art. 3456; 2011, No. 1, Art. 43; 2014, No. 30, Art. 4226) following changes:

The word "jurisdiction" to replace 1) in Article 13 part one with the word "competence";

2) in Article 24.6:

a) in part four "jurisdiction" to replace the word with the word "competence";

b) in part five "jurisdiction" to replace the word with the word "competence".

Article 4

Bring in Item 1 of article 3 of the Federal Law of December 17, 1998 No. 188-FZ "About magistrate judges in the Russian Federation" (The Russian Federation Code, 1998, No. 51, Art. 6270; 2005, No. 8, Art. 604; 2008, No. 30, Art. 3603; 2010, No. 7, Art. 701) following changes:

Subitem 5 to declare 1) invalid;

To add 2) with subitem 6.1 of the following content:

"6. 1) cases on the receivership proceeding arising in the field of consumer protection in case of the price of the claim which is not exceeding hundred thousand rubles;";

Subitem 8 to declare 3) invalid.

Article 5

In Item 1 of article 1 of the Federal Law of May 30, 2001 No. 70-FZ "About arbitral assessors of Arbitration Courts of subjects of the Russian Federation" (The Russian Federation Code, 2001, No. 23, Art. 2288; No. 52, the Art. 7492) words "subordinated it" shall be replaced with words 2016, "carried to their competence".

Article 6

Bring in the Arbitral Procedure Code of the Russian Federation (The Russian Federation Code, 2002, No. 30, Art. 3012; 2004, No. 31, Art. 3216; 2005, No. 14, Art. 1210; 2006, No. 1, Art. 8; 2007, No. 41, Art. 4845; 2008, No. 18, Art. 1941; No. 24, Art. 2798; No. 30, Art. 3594; 2009, No. 26, Art. 3122; No. 29, Art. 3642; 2010, No. 18, Art. 2145; No. 31, Art. 4163, 4197; No. 52, Art. 6994; 2011, No. 29, Art. 4291, 4301; No. 50, Art. 7364; 2012, No. 26, Art. 3439; No. 53, Art. 7642; 2013, No. 23, Art. 2884; No. 27, Art. 3478, 3479; 2014, No. 26, Art. 3392; 2015, No. 1, Art. 29, 80; No. 10, Art. 1411; No. 14, Art. 2022; No. 27, Art. 3945; 2016, No. 1, Art. 11, 13, 29; No. 7, Art. 906; No. 10, Art. 1319, 1321; No. 26, Art. 3889; No. 48, Art. 6733; No. 52, Art. 7484; 2017, No. 27, Art. 3944; No. 31, Art. 4772; 2018, No. 32, Art. 5133) following changes:

Shall be replaced with words 1) in part 6 of Article 4 of the word "subordinated to Arbitration Court" "being within the competence of Arbitration Court";

Article 25 to state 2) in the following edition:

"Article 25. Procedure for permission of the declared branch

1. In case of the statement of branch the Arbitration Court hears opinion of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.

2. The question of removal of the judge considering case solely is allowed by the same judge.

3. The question of removal of the judge when considering the case in joint structure is resolved by the same structure of court by a majority vote in the absence of the judge to whom branch is declared. In case of equal poll, given for branch and against branch, the judge is considered taken away.

The question of the branch declared to several judges or all structure of court considering case is allowed by all judges considering case, by a simple majority vote.

4. The question of removal of the assistant judge, the court session secretary, the expert, the specialist, translator is allowed by the structure of court considering case.

5. By results of consideration of question of rejection or about branch determination is taken out.";

3) in Chapter 4:

a) words "§ 1." To exclude jurisdiction;

b) in Article 27:

state the name in the following edition:

"Article 27. The disputes which are within the competence of Arbitration Courts";

regarding 1 word "Are Subordinated to Arbitration Court" shall be replaced with words "The Arbitration Court considers";

in part 3 to replace the word "jurisdictions" with the word "competences";

in part 4 to replace the word "jurisdictions" with the word "competences";

in part 5 of the word "subordinated it" shall be replaced with words "being within their competence";

add with part 7 of the following content:

"7. In case of the appeal to Arbitration Court with the statement containing several requirements connected among themselves from which one are jurisdictional to Arbitration Court others - to court of law if separation of requirements is impossible, case is subject to consideration and permission in court of law. If separation of requirements is possible, the judge takes out determination about adoption of requirements, cognizable to Arbitration Court, and about return of the statement regarding requirements, cognizable to court of law.";

c) to state the name of Article 28 in the following edition:

"Article 28. Competence of Arbitration Courts on the economic disputes and other cases arising from civil legal relationship";

d) to state the name of Article 29 in the following edition:

"Article 29. Competence of Arbitration Courts on the economic disputes and another matters arising from administrative and other public legal relationship";

e) to state the name of Article 30 in the following edition:

"Article 30. Competence of Arbitration Courts on cases on establishment of the facts having legal value";

e) to state the name of Article 31 in the following edition:

"Article 31. Competence of Arbitration Courts on the cases connected with accomplishment by Arbitration Courts of functions of assistance and control concerning reference tribunals";

g) to state the name of Article 32 in the following edition:

"Article 32. Competence of Arbitration Courts on cases on recognition and carrying out of foreign judgements and foreign arbitral decisions";

h) in Article 33:

regarding 1 word "subordinated to Arbitration Courts" shall be replaced with words "subject to consideration by Arbitration Courts";

in paragraph one of part 2 of the word "subordinated to Arbitration Courts" shall be replaced with words "subject to consideration by Arbitration Courts";

i) words "§ 2." To exclude cognizance;

j) regarding 1 Article 34 of the word "subordinated to Arbitration Courts" shall be replaced with words "being within the competence of Arbitration Courts";

k) state Article 35 in the following edition:

"Article 35. Presentation of the claim for the address or residence of the defendant

The claim is made in Arbitration Court of the subject of the Russian Federation to the address or the residence of the defendant.";

l) in Article 36:

regarding 2 words to "location" to replace with the word to "address";

state part 5 in the following edition:

"5. The claim to the legal entity following from the activities of its branch, representation located out of the location of the legal entity can be shown in Arbitration Court to the address of the legal entity or his branch, representation.";

m) in Article 38:

regarding 4 words to "location" to replace with the word to "address";

regarding 4.1 words to "location" to replace with the word to "address";

state part 5 in the following edition:

"5. The statement for establishment of the facts having legal value moves in Arbitration Court to the address or the residence of the applicant, except for statements for establishment of the facts having legal value for origin, change or the termination of the rights to real estate which is filed a lawsuit in the location of real estate.";

regarding 8.1 words to "location" to replace with the word to "address";

state part 9 in the following edition:

"9. The statement for issue of writ of execution on forced execution of decisions of the reference tribunals and international commercial arbitrations accepted in the territory of the Russian Federation and also the statement for recognition and carrying out of foreign judgements and foreign arbitral decisions moves in Arbitration Court of the subject of the Russian Federation to the address or the residence of the debtor or if its address or residence it is unknown, in the location of property of the debtor - the parties of arbitration. By agreement of the parties arbitration the application for issue of writ of execution for forced execution of the decision of reference tribunal can be submitted to Arbitration Court of the subject of the Russian Federation in the territory of which the decision of reference tribunal, or in Arbitration Court of the subject of the Russian Federation to the address or the residence of the party of arbitration for benefit of which the decision of reference tribunal is made is made.";

state part 9.2 in the following edition:

"9.2. The statement of the interested person for objections against the foreign judgment or the foreign arbitral decision which are not requiring forced execution moves in Arbitration Court of the subject of the Russian Federation to the address or the residence of the interested person or the location of its property and if the interested person does not take the residence, the address, property in the Russian Federation, in Arbitration Court of the city of Moscow.";

o) state Article 39 in the following edition:

"Article 39. Case referral, accepted by Arbitration Court to the production, from one court in other court

1. The case accepted by Arbitration Court to the production with observance of rules of cognizance shall be considered by it in essence, at least further it became cognizable to other court.

2. The Arbitration Court submits case of other Arbitration Court of the same level if:

1) the defendant, the address or the residence of which it was not known earlier, will declare the petition for case referral in Arbitration Court to its address or the residence;

2) both parties declared the petition for consideration of the case on the location of the majority of proofs;

3) when considering the case in court it became clear that it was accepted to production with cognizance abuse of regulations;

4) when considering the case in court it was determined that person participating in case is the same Arbitration Court;

5) after removal of one or several judges or for other reasons it is impossible to create structure of court for consideration of this case.

3. Case the Arbitration Court submits case to stipulated in Item 4 parts 2 of this Article of other of this Code of Arbitration Court determined according to part 3.1 of article 38.

4. If when considering the case in Arbitration Court it became clear that it is subject to consideration by court of law, the Arbitration Court submits the case to the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region or court of the autonomous area of the same subject of the Russian Federation for the direction it in court of law to which cognizance it is carried by the law.

5. By results of consideration by Arbitration Court of question of case referral determination which can be appealed in Arbitration Appeal Court in ten-day time from the date of its removal is submitted for consideration of other Arbitration Court or court of law. The claim to this determination is considered without challenge of the parties in five-day time from the date of its receipt in court. Case and determination go to Arbitration Court or court of law after the term provided for appeal of this determination, and in case of submission of the claim - after adoption of the court order about leaving of the claim without satisfaction.

6. The case directed from one Arbitration Court to other Arbitration Court or from Arbitration Court in court of law shall be taken cognizance by court to which it is directed. Disputes on cognizance between courts in the Russian Federation are not allowed.";

Part 3 of Article 59 to add 4) with words ", the having higher legal education or academic degree on legal specialty", to add with the offer of the following content: "Requirements imposed to representatives do not extend to patent agents on the disputes connected with legal protection of results of intellectual activities and means of individualization, arbitration managers in case of execution of the obligations assigned to them in the case of bankruptcy and also the other persons specified in the Federal Law.";

5) in Article 61:

a) regarding 1 word "official position, and also constituent and other documents" shall be replaced with words "the status and the fact of investment with their powers";

b) state part 4 in the following edition:

"4. Other persons giving legal aid submit to court documents on the higher legal education or on academic degree on legal specialty, and also the documents certifying them powers. Powers on conducting case in Arbitration Court shall be expressed in the power of attorney issued and which is drawn up according to the Federal Law, and in the cases provided by the international treaty of the Russian Federation or the Federal Law in other document. Powers of the representative can be also expressed in the statement represented, made in judicial session what it is specified in the protocol of judicial session.";

The taken legal effect the court verdict on criminal case, other court orders are on this case obligatory shall be replaced with words 6) regarding the 4th Article 69 of the word "The Court Verdict Which Took Legal Effect on Criminal Case Is Obligatory" "";

Shall be replaced with words 7) regarding 3rd Article 90 of the word "in the location or the residence of the debtor" "to the address or the residence of the debtor";

8) in Item 2 of part 2 of Article 92 of the word "location" to replace with the word "address";

9) in Article 99:

a) regarding 3 words to "the location of the applicant" shall be replaced with words to "the applicant's address";

b) regarding 3.1 words to "the location of the legal entity" shall be replaced with words to "the address of the legal entity";

Article 110 to add 10) with parts 5.1 and 5.2 of the following content:

"5.1. The legal costs suffered by the third parties who are not declaring independent requirements concerning matter in issue and participating in case on the party for benefit of which the court resolution on case is adopted can be compensated by it if their actual behavior as participants of legal procedure promoted acceptance of this court resolution.

5.2. If the third party who is not declaring independent requirements concerning matter in issue exercised the right to appeal of court resolution and its claim was left without satisfaction, the legal costs suffered by persons participating in case in connection with consideration of this claim can be collected from this third party.";

In paragraph one of part 2 of Article 112 the word of "six" to replace 11) with the word of "three";

12) in Article 119:

a) regarding 1 word "two thousand five hundred" shall be replaced with words "five thousand", the words "five thousand" shall be replaced with words "thirty thousand";

b) regarding 2 words "five thousand" shall be replaced with words "thirty thousand";

c) regarding 3 words "two thousand five hundred" shall be replaced with words "five thousand", the words "five thousand" shall be replaced with words "thirty thousand";

d) regarding 4 words "two thousand five hundred" shall be replaced with words "five thousand", the words "five thousand" shall be replaced with words "thirty thousand", the words "ten thousand" shall be replaced with words "hundred thousand";

The second parts 5 of Article 120 of the word to "location" to replace 13) in the paragraph with the word to "address";

Paragraph one of part 4 of Article 121 to state 14) in the following edition:

"4. The judicial notice addressed to the legal entity is sent by Arbitration Court to the address of this legal entity. If the claim follows from activities of branch or representation of the legal entity, such notice is sent also to the address of this branch or representation. The address of the legal entity, its branch or representation is determined based on the extract from the Unified State Register of Legal Entities.";

Part 5 of Article 123 to state 15) in the following edition:

"5. If the address or the residence of the defendant are unknown, the proper notice the direction of the notice to the last known address or the residence of the defendant is considered.";

16) regarding the 2nd Article 125:

a) in Item 2 of the word "location" to replace with the word "address";

b) state Item 3 in the following edition:

"3) information about the defendant: for the citizen - surname, name, middle name (in the presence) and the residence, and also birth date and birth place, place of employment (if they are known) and one of identifiers (the insurance number of the individual ledger account, identification taxpayer number, series and document number, proving the identity, the primary state registration number of the individual entrepreneur, series and number of the car driver license, series and certificate number about vehicle registration), for the organization - the name and the address, and also identification taxpayer number and the primary state registration number if they are known;";

Item 1 of part 1 of Article 127.1 to state 17) in the following edition:

"1) the action for declaration, the statement are subject to consideration according to the procedure of the constitutional or criminal trial or are not subject to consideration in courts;";

18) regarding 1 Article 129:

a) add Item 1 with the words "or jurisdictional to court of law";

b) add with Item 6 of the following content:

"6) the action for declaration is not signed or the action for declaration is signed and filed a lawsuit by person which does not have powers on its signing and (or) giving in court.";

19) in part 5 of Article 131:

a) in Item 1 of the word "location" to replace with the word "address";

b) in Item 2 of the word "location" to replace with the word "address";

20)  No. 197-FZ is excluded according to the Federal Law of the Russian Federation of 26.07.2019

Item 1 of part 1 of Article 150 to state 21) in the following edition:

"1) there are bases, stipulated in Item 1 parts 1 of Article 127.1 of this Code;";

22) in Article 152:

a) part in paragraph one to replace 1 word of "three" with the word of "six";

b) in part 2 to replace the word of "six" with the word of "nine";

Item 8 of part 2 of Article 153 to add 23) with the words "and duration of performances";

Article 154 to add 24) with parts 4.1 and 4.2 of the following content:

"4.1. The chairman in judicial session has the right to limit performance of the participant of legal proceedings on behalf of court if it self-willedally breaks the sequence of performances, does not perform the requirement of the chairman twice, allows rough expressions or offensive statements or calls for implementation of the actions pursued according to the law.

4.2. About restriction of performance of the participant of legal proceedings the Arbitration Court specifies in the protocol of judicial session. Objections of person concerning which such measures are taken are also entered in the protocol of judicial session.";

25) in part 7 of Article 155:

a) in paragraph one to replace the word "three-day" with the word "five-day";

b) in the paragraph the second "three-day" to replace the word with the word of "five-day";

Part 4 of Article 170 to state 26) in the following edition:

"4. In motivation part of the decision shall be specified:

1) the actual and other facts of the case established by Arbitration Court;

2) proofs on which conclusions of court about the facts of the case and arguments for benefit of the made decision are based; accepted motives for which the court rejected these or those proofs or rejected brought into reasons for the requirements and objections arguments of persons participating in case;

3) the laws and other regulatory legal acts by which the court in case of decision making was guided, and motives for which the court did not apply the laws and other regulatory legal acts to which persons participating in case referred.

Motivation part of the decision shall contain also reasons for the decisions made by court and reasons on other questions specified in part 5 of this Article.

In case of recognition of the claim by the defendant in motivation part of the decision it can be specified only recognition of the claim and acceptance by its court.

In case of refusal in the claim in connection with recognition disrespectful the reasons of the omission of term of limitation period or circulation period in court in motivation part of the judgment it is specified only establishment of these circumstances by court.

In motivation part of the decision references to resolutions of the Plenum of the Supreme Court of the Russian Federation and resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation which kept force concerning court practice, on resolutions of Presidium of the Supreme Court of the Russian Federation and resolutions of Presidium of the Supreme Arbitration Court of the Russian Federation which kept force, and also on the reviews of court practice of the Supreme Court of the Russian Federation approved by Presidium of the Supreme Court of the Russian Federation can be contained.";

Part 4 of Article 179 to state 27) in the following edition:

"4. Questions of explanation of the decision, correction of slips, typographical errors, arithmetic mistakes are considered by Arbitration Court in ten-day time from the date of receipt of the petition without carrying out judicial session and without notice of persons participating in case and other persons specified in parts 1 and 3 of this Article. By results of consideration of questions determination which can be appealed is taken out.";

The word "jurisdictions" to replace 28) regarding 1 Article 202 with the word "competences";

To "location" to replace 29) in Article 203 of the word with the word to "address";

To replace 30) in Item 1 of part 3 of Article 206 of the word "location" with the word "address";

To "location" to replace 31) regarding 1 Article 208 of the word with the word to "address";

To replace 32) in Item 2 of part 4 of Article 211 of the word "location" with the word "address";

To replace 33) in Item 1 of part 2 of Article 216 of the word "location" with the word "address";

Shall be replaced with words 34) regarding the 2nd Article 219 of the word "in the location or the residence of the applicant" "to the address or the residence of the applicant";

Item 2 of Article 222.3 to state 35) in the following edition:

"2) the name of person submitting the application with indication of its procedural provision, the address or the residence, the name of other persons participating in case, their address or the residence;";

Part 3 of Article 223 to add 36) with the paragraph of the following content:

"Petitions for appeal on the determinations which are taken out by Arbitration Court by hearing of cases about insolvency (bankruptcy) are considered by Arbitration Appeal Court the joint list of judges.";

To "location" to replace 37) regarding 1 Article 224 of the word with the word to "address";

Paragraph one of part 1 of Article 225.1 to state 38) in the following edition:

"1. Arbitration Courts consider cases on the disputes connected with creation of the legal entity, management of it or participation in the legal entity, being the commercial organization, and also the non-profit organization combining the commercial organizations and (or) individual entrepreneurs (further - corporate disputes) including on the next corporate disputes:";

39) in Item 3 of part 1 of Article 225.13 of the word "place of their stay" shall be replaced with words "their address";

Article 227 to state 40) in the following edition:

"Article 227. The cases considered according to the procedure of the simplified production

1. According to the procedure of the simplified production are subject to consideration of the case:

1) according to actions for declaration about money recovery if the price of the claim does not exceed for legal entities eight hundred thousand rubles, for individual entrepreneurs four hundred thousand rubles;

2) about contest of substandard legal acts, decisions of the bodies performing public powers, officials if in corresponding the substandard legal act, the decision the requirement about payment of money contains or money recovery or the address of collection on other property of the applicant is provided provided that the specified acts, decisions are disputed by the applicant regarding the requirement about payment of money or money recovery or the address of collection of other property of the applicant and at the same time the amount disputed by the applicant does not exceed hundred thousand rubles;

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