FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 8, 2015 No. 42-FZ

About modification of part one of the Civil code of the Russian Federation

Accepted by the State Duma on February 25, 2015

Approved by the Federation Council on March 4, 2015

Article 1

Bring in part one of the Civil code of the Russian Federation (The Russian Federation Code, 1994, No. 32, Art. 3301; 2002, No. 48, Art. 4737; 2003, No. 2, Art. 167; 2005, No. 1, Art. 39; 2007, No. 27, Art. 3213; No. 31, Art. 3993; No. 41, Art. 4845; 2008, No. 30, Art. 3616; 2009, No. 1, Art. 14; 2011, No. 49, Art. 7041; No. 50, Art. 7347; 2013, No. 51, Art. 6687; 2014, No. 11, Art. 1100; No. 19, Art. 2304) following changes:

1) in Article 123.19:

a) in Item 1:

the paragraph one to state in the following edition:

"1. If other is not provided by the law or other legal act, are within the exclusive competence of the supreme collegiate organ of fund:";

the fifth to add the paragraph with words ", except as specified, when decision making on the specified questions is referred by the fund charter to competence of other collegiate organs of fund";

b) in Item 2:

the paragraph one to state in the following edition:

"2. The supreme collegiate organ of fund elects sole executive body of fund (the chairman, the CEO, etc.) and (board) or other collegial body of fund can appoint collegiate executive body of fund if the specified powers are not referred by the law or other legal act to competence of the founder of fund.";

in the paragraph the second "individual and (or) joint executive" shall be replaced with words words "individual executive and (or) joint";

2) in Article 206:

a) shall be replaced with words the word "Debtor" "1. Debtor";

b) add with Item 2 following of content:

"2. If after the term of limitation period the debtor or other obliged person recognizes in writing the debt, the course of limitation period begins again.";

To exclude 3) in the name of Chapter 21 of the word "and parties";

Article 307 to state 4) in the following edition:

"Article 307. Concept of the obligation

1. Owing to the obligation one person (debtor) shall make certain action for benefit of other person (creditor) as that: transfer property, perform work, render service, make contribution to joint activities, pay money, etc., or refrain from certain action, and the creditor has the right to demand from the debtor of execution of its obligation.

2. Obligations arise from agreements and other transactions, owing to damnification, owing to unjust enrichment, and also from other bases specified in this Code.

3. In case of establishment, obligation fulfillment and after its termination the parties shall be effective honesty, considering the rights and legitimate interests of each other, mutually rendering necessary assistance for goal achievement of the obligation, and also providing each other necessary information.";

To add 5) with Article 307.1 of the following content:

"Article 307.1. Application of general provisions about obligations

1. To the obligations which arose from the agreement (contractual commitments), general provisions about obligations (this subsection) are applied if other is not provided by the rules about separate agreement types containing in this Code and other laws, and in the absence of such special rules - general provisions about the agreement (subsection 2 of the Section III).

2. Owing to damnification and to obligations owing to unjust enrichment general provisions about obligations (this subsection) are applied to obligations if other is not provided respectively by rules of Chapters 59 and 60 of this Code or does not follow from being of the corresponding relations.

3. As other is not established by this Code, other laws or does not follow from being of the corresponding relations, general provisions about obligations (this subsection) are applied to requirements:

1) arisen from the corporate relations (Chapter 4);

2) connected using effects of invalidity of the transaction (paragraph 2 of Chapter 9).";

Chapter 21 to add 6) with Articles 308.1 - 308.3 following of content:

"Article 308.1. Disjunctive covenant

1. The obligation according to which the debtor shall make one or the other or several actions (to refrain from making of actions), between which choice belongs to the debtor is recognized alternative if the law, by other legal acts or the agreement the option is not granted to the creditor or the third party.

2. Since the moment when the debtor (the creditor, the third party) performed the choice, the obligation stops being alternative.

Article 308.2. Optional obligation

The obligation according to which the debtor is granted the right to replace the main execution with other (optional) execution provided by obligation conditions is recognized optional. If the debtor performs the right to replacement of the execution provided by obligation conditions, the creditor shall accept from the debtor the corresponding execution according to the obligation.

Article 308.3. Protection of the rights of the creditor according to the obligation

1. In case of non-execution by the debtor of the obligation the creditor has the right to demand by court action obligation fulfillments in nature if other is not provided by this Code, other laws or the agreement or does not follow from being of the obligation. The court upon the demand of the creditor has the right to award in its advantage sum of money (Item 1 of Article 330) on case of non-execution of the specified court resolution in the amount of, determined by court on the basis of concepts of justice, proportionality and inadmissibility of extraction of benefit from illegal or unfair behavior (item 4 of Article 1).

2. Protection of the rights by the creditor according to Item 1 of this Article does not exempt the debtor from liability for non-execution or improper execution of the obligation (Chapter 25).";

To exclude 7) in Article 309 of the word of "business conduct";

8) to add with Articles 309.1 and 309.2 of the following content:

"Article 309.1. Agreement of creditors on procedure for satisfaction of their requirements to the debtor

1. Between creditors of one debtor according to homogeneous obligations the agreement on procedure for satisfaction of their requirements to the debtor, including on priority of their satisfaction and on disproportion of distribution of execution can be signed. The parties of the specified agreement not make the actions directed to receipt of execution from the debtor, in defiance of conditions of the specified agreement.

2. The execution received from the debtor by one of creditors in breach of agreement between creditors about procedure for satisfaction of their requirements to the debtor is subject to transfer to the creditor according to other obligation in accordance with the terms of the specified agreement. Passes the requirement of the last to the debtor in the corresponding part to the creditor who gave the execution received from the debtor to other creditor.

3. The agreement of creditors on procedure for satisfaction of their requirements to the debtor does not create obligations for persons who are not participating in it as the parties including for the debtor (Article 308).

Article 309.2. Expenses on obligation fulfillment

The debtor incurs expenses on obligation fulfillment if other is not provided by the law, other legal acts or the agreement or does not follow from being of the obligation, customs or other usually qualifying standards.";

Article 310 to state 9) in the following edition:

"Article 310. Inadmissibility of unilateral refusal of obligation fulfillment

1. Unilateral refusal from obligation fulfillment and unilateral change of its conditions are not allowed, except as specified, provided by this Code, other laws or other legal acts.

2. Unilateral change of conditions of the obligation connected with implementation of business activity by all its parties or unilateral refusal from execution of this obligation is allowed in the cases provided by this Code, other laws, other legal acts or the agreement.

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