FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 28, 2014 No. 186-FZ

About modification of the Arbitral Procedure Code of the Russian Federation

Accepted by the State Duma of the Russian Federation on June 20, 2014

Approved by Council of the Russian Federation on June 25, 2014

Article 1

Bring in the Arbitral Procedure Code of the Russian Federation (The Russian Federation Code, 2002, No. 30, Art. 3012; 2005, No. 14, Art. 1210; 2006, No. 1, Art. 8; 2007, No. 41, Art. 4845; 2008, No. 18, Art. 1941; 2009, No. 29, Art. 3642; 2010, No. 18, Art. 2145; No. 31, Art. 4197; No. 52, Art. 6994; 2011, No. 15, Art. 2038; 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) following changes:

1) in paragraph three of part 4 of Article 4 of the word", in case of the address about review of court resolutions according to the procedure of supervision" to exclude;

Paragraph two of part 2 of Article 15 to state 2) in the following edition:

"The court resolutions adopted by the Arbitration Appeal Courts and courts of cassation instance formed according to the Federal constitutional Law of April 28, 1995 No. 1-FKZ "About Arbitration Courts in the Russian Federation" by results of consideration appeal and writs of appeal, hereinafter are referred to as as resolutions. The court resolutions which are taken out by the Supreme Court of the Russian Federation by results of consideration of the writ of appeal, representation according to the procedure, provided by Articles 291.1 - 291.15 of this Code, hereinafter are referred to as as determinations.";

Item 1 of part 2 of Article 17 to declare 3) invalid;

Item 1.1 of Article 29 to state 4) in the following edition:

"1. 1) about contest of regulatory legal acts of federal executive bodies if consideration of such cases according to this Code is referred to competence of Intellectual Property Rights Court;";

5) in Article 34:

a) state part 1 in the following edition:

"1. The cases subordinated to Arbitration Courts are considered in the first instance by Arbitration Courts of the republics, edges, areas, federal cities, the autonomous region, autonomous areas (further - Arbitration Courts of subjects of the Russian Federation), except for the cases referred to cognizance of Intellectual Property Rights Court and Arbitration Courts of districts.";

b) recognize part 2 invalid;

c) regarding 3 words "Federal Arbitration Courts of Districts" shall be replaced with words "Arbitration Courts of districts";

d) to state Item 1 of part 4 in the following edition:

"1) cases on contest of regulatory legal acts of federal executive bodies in the field of patent laws and the rights to selection achievements, the rights to topology of integral chips, the right to know-how (know-how), the rights to means of individualization of legal entities, goods, works, services and the companies, right to use of results of intellectual activities as a part of single technology;";

The second parts 1 of Article 41 of the word "the Supreme Arbitration Court of the Russian Federation" shall be replaced with words 6) in the paragraph "the Supreme Court of the Russian Federation";

7) in Article 52:

a) add part 1 with the paragraph of the following content:

"with the claim for reclamation of the state-owned and municipal property from others adverse possession.";

b) state part 2 in the following edition:

"2. The appeal to the Supreme Court of the Russian Federation is sent by the Prosecutor General of the Russian Federation or the deputy attorney general of the Russian Federation, also the prosecutor of the subject of the Russian Federation or the deputy prosecutor of the subject of the Russian Federation and prosecutors or their deputies equated to them send to Arbitration Court of the subject of the Russian Federation.";

8) in paragraph one of part 3 of Article 75 of the word "the Supreme Arbitration Court of the Russian Federation" shall be replaced with words "the Supreme Court of the Russian Federation";

"Articles 259, of 276, 292 and 312" shall be replaced with words 9) regarding the 2nd Article 117 of the word "Articles 259, of 276, 291.2, 308.1 and 312";

The paragraph of the seventh part 4 of Article 170 to state 10) in the following edition:

"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, and also 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 can be contained.";

Parts 2 and 3 of Article 180 to state 11) in the following edition:

"2. The judgments by the intellectual rights take legal effect immediately after their acceptance.

3. Decisions of Arbitration Court on the cases considered according to the procedure of the simplified production, and in the cases provided by this Code or other Federal Law and on another matters take legal effect in terms and according to the procedure which are established by this Code or other Federal Law.";

12) regarding 1 Article 181 of the word", except for decisions of the Supreme Arbitration Court of the Russian Federation," to exclude;

The name of Chapter 23 to add 13) with words "Intellectual Property Rights Court";

Article 191 to state 14) in the following edition:

"Article 191. Procedure for hearing of cases about contest of regulatory legal acts by Intellectual Property Rights Court

1. Cases on contest of regulatory legal acts of federal executive bodies in the field of patent laws and the rights to selection achievements, the rights to topology of integral chips, the right to know-how (know-how), the rights to means of individualization of legal entities, goods, works, services and the companies, right to use of results of intellectual activities as a part of single technology (further in this Chapter - regulatory legal act) are considered by Intellectual Property Rights Court by the general rules of claim production provided by this Code with the features established in this Chapter.

2. Production on cases on contest of regulatory legal acts is initiated based on statements of the interested persons who addressed with the requirement about recognition of such disputed act invalid.";

Article 192 to state 15) in the following edition:

"Article 192. The right to appeal to the court by the intellectual rights with the statement for recognition of regulatory legal act invalid

1. Citizens, the organizations and other persons have the right to take a legal action by the intellectual rights with statements for recognition invalid regulatory legal acts if believe that such disputed regulatory legal act or its separate provisions do not correspond to the law or other regulatory legal act having big legal force and violate their rights and legitimate interests.

2. The prosecutor, and also state bodies, local government bodies, other bodies has the right to take a legal action by the intellectual rights in the cases provided by this Code with statements for recognition of regulatory legal acts invalid if believe that such disputed act or its separate provisions do not correspond to the law or other regulatory legal act having big legal force and violate the rights and legitimate interests of citizens, the organizations, other persons.

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