Civil Code RF, along with those adopted in accordance with it federal laws, is the main source of civil law in Russian Federation. Norms civil law contained in other normative legal acts cannot contradict the Civil Code. The Civil Code of the Russian Federation, work on which began at the end of 1992, and initially went in parallel with work on the Russian Constitution of 1993, is a consolidated law consisting of four parts. In connection with the huge amount of material that required inclusion in the Civil Code, it was decided to accept it in parts.

The first part of the Civil Code of the Russian Federation, which entered into force on January 1, 1995, (with the exception of certain provisions), includes three of the seven sections of the code (section I "General Provisions", section II "Property and other property rights", section III"The General Part of the Law of Obligations"). This part of the Civil Code of the Russian Federation contains the fundamental norms of civil law and its terminology (on the subject and general principles of civil law, the status of its subjects (physical and legal entities)), objects of civil law ( various types property and property rights), transactions, representation, statute of limitations, ownership, as well as the general principles of the law of obligations.

The second part of the Civil Code of the Russian Federation, which is a continuation and addition to the first part, was put into effect on March 1, 1996. It is completely devoted to section IV of the code " Separate types obligations." Based on the general principles of the new civil law of Russia, enshrined in the Constitution of 1993 and part one of the Civil Code, part two establishes a detailed system of norms on individual obligations and contracts, obligations from causing harm (torts) and unjust enrichment. In terms of its content and significance, part two of the Civil Code of the Russian Federation is a major stage in the creation of a new civil legislation of the Russian Federation.

The third part of the Civil Code of the Russian Federation includes Section V "Inheritance Law" and Section VI "International Private Law". In comparison with the legislation in force before the entry into force on March 01, 2002 of part three of the Civil Code of the Russian Federation, the rules on inheritance have undergone major changes: new forms of wills have been added, the circle of heirs has been expanded, as well as the circle of objects that can be transferred in the order of hereditary succession; introduced detailed rules relating to the protection of the inheritance and its management. Section VI of the Civil Code, dedicated to the regulation of civil law relations complicated by a foreign element, is a codification of the norms of private international law. This section, in particular, contains rules on the qualification of legal concepts in determining the applicable law, on the application of the law of a country with a plurality of legal systems, on reciprocity, back reference, establishing the content of foreign law norms.

The fourth part of the Civil Code (entered into force on January 1, 2008) consists entirely of Section VII "Rights to the results of intellectual activity and means of individualization." Its structure includes general provisions- norms that apply to all types of results of intellectual activity and means of individualization or to a significant number of their types. The inclusion of norms on intellectual property rights in the Civil Code of the Russian Federation made it possible to better coordinate these norms with the general norms of civil law, as well as to unify the terminology used in the field of intellectual property. The adoption of the fourth part of the Civil Code of the Russian Federation completed the codification of domestic civil legislation.

The Civil Code of the Russian Federation has passed the test of time and extensive practice of application, however, economic offenses, often committed under the guise of civil law, have revealed the lack of completeness in the law of a number of classical civil law institutions, such as the invalidity of transactions, the creation, reorganization and liquidation of legal entities, the assignment claims and transfer of debt, pledge, etc., which necessitated a number of changes to the Civil Code of the Russian Federation systemic. As noted by one of the initiators of such changes, the President of the Russian Federation D.A. Medvedev, “The current system needs not to be reorganized, fundamentally changed, ... but to be improved, unlocking its potential and developing implementation mechanisms. The Civil Code has already become and should remain the basis for the formation and development of civilized market relations in the state, an effective mechanism for protecting all forms of ownership, as well as the rights and legitimate interests of citizens and legal entities. The Code does not require fundamental changes, but further improvement of civil legislation is necessary ... "<1>.

On July 18, 2008, Decree of the President of the Russian Federation N 1108 "On the improvement of the Civil Code of the Russian Federation" was issued, which set the task of developing a concept for the development of the civil legislation of the Russian Federation. On October 7, 2009, the Concept was approved by the decision of the Council for the Codification and Improvement of Russian Legislation and signed by the President of the Russian Federation.

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<1>See: Medvedev D.A. The Civil Code of Russia - its role in development market economy and the creation of a rule of law // Bulletin of civil law. 2007. N 2. V.7.

New edition Art. 119 Code of Civil Procedure of the Russian Federation

If the defendant's place of residence is unknown, the court proceeds to consider the case after the court receives information about this from the defendant's last known place of residence.

Commentary on Article 119 of the Code of Civil Procedure of the Russian Federation

The return of the summons sent to the address indicated by the plaintiff in the application with a note that the place of residence of the defendant is unknown cannot automatically lead to the consideration of the case in the absence of the defendant. When preparing a case for trial, the court, in order to ensure the right of the parties to participate in the case, must propose to the plaintiff to take measures to establish the place of residence of the defendant.

The civil procedural law () imposes on the plaintiff the duty of clarifying and indicating in the statement of claim the place of residence of the defendant (for a citizen) or location (for an organization).

Since the uncertainty of the place of residence does not prevent the interested person from applying for judicial protection (which follows from the provisions), the plaintiff, who does not know the actual place of residence and the place of residence of the defendant, must at least try to find out for himself the last place of residence of the defendant and present convincing evidence of this to the court. For example, a certificate from the address bureau on the removal of the defendant from the register at the place of his former residence and the absence new registration in the place where the defendant intended to move, changing his place of residence.

In this case, the summons (notice) is sent by the court to the last known place of residence of the defendant. After the court receives information confirming that it is not possible to establish another place of residence of the defendant, the court has the right to proceed with the consideration of the civil case.

The provisions of Art. 119 of the Code of Civil Procedure of the Russian Federation cannot be applied on the basis of a single fact of the absence of the addressee in the apartment (house) at the place of his permanent registration due only to the fact that at the time of delivery of the summons, telegram or other court notice, the addressee was absent from the apartment (Determination of the Judicial Collegium for Civil Cases of the Armed Forces RF dated November 30, 2000).

In addition, Art. 119 Code of Civil Procedure of the Russian Federation does not give the court the right to consider the case in the absence of the defendant in absentia proceedings according to the rules of Ch. 22 Code of Civil Procedure of the Russian Federation, since in absentia proceedings the case can be considered in case of failure to appear at the court session of the defendant, notified of the time and place of the court session, who did not report good reasons failure to appear and not asking for consideration of the case in his absence. With regard to the article under consideration, the defendant cannot be considered notified of the court session.

In the absence of a representative of the defendant, whose place of residence is unknown, the court, proceeding to consider the case, in accordance with Art. 50 of the Code of Civil Procedure of the Russian Federation must appoint a lawyer as a representative of the defendant, sending a corresponding proposal to one of the lawyer formations for this purpose.

Another commentary on Art. 119 of the Civil Procedure Code of the Russian Federation

The uncertainty of the place of residence of the defendant is not an obstacle to the consideration of the case on the merits. However, before starting the case, the court must make sure that the defendant's new whereabouts are unknown.

Section I. GENERAL PROVISIONS

Subsection 2. PERSONS

Chapter 4. LEGAL ENTITIES

§ 5. Non-profit organizations

Article 118. Funds

1. A foundation for the purposes of this Code is a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational or other socially useful goals.

The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the fund they have created, and the fund is not liable for the obligations of its founders.

2. The Foundation uses the property for the purposes specified in its charter. The Foundation is entitled to entrepreneurial activity necessary to achieve the socially useful goals for which the fund was created, and corresponding to these goals. To carry out entrepreneurial activities, funds have the right to create business companies or participate in them.

The Foundation is required to publish annual reports on the use of its assets.

3. The procedure for the management of the fund and the procedure for the formation of its bodies are determined by its charter, approved by the founders.

4. The charter of the fund, in addition to the information specified in paragraph 2 of Article 52 of this Code, must contain: the name of the fund, including the word "fund", information about the purpose of the fund; instructions on the bodies of the foundation, including on the board of trustees supervising the activities of the foundation, on the procedure for appointing and dismissing officials of the foundation, on the location of the foundation, on the fate of the foundation's property in the event of its liquidation.

Official text:

Article 119

1. The charter of a foundation may be amended by the bodies of the foundation, if the charter provides for the possibility of changing it in such a manner.

If the preservation of the charter unchanged entails consequences that could not be foreseen when the foundation was established, and the possibility of changing the charter is not provided for in it, or the charter is not changed by authorized persons, the right to make changes belongs to the court at the request of the bodies of the foundation or the body authorized to supervise its activities .

2. The decision to liquidate the foundation can only be taken by the court upon the application of the interested persons.

The fund may be liquidated:

1) if the property of the fund is insufficient for the implementation of its goals and the probability of obtaining the necessary property is unrealistic;

2) if the goals of the fund cannot be achieved and the necessary changes to the goals of the fund cannot be made;

3) in case of deviation of the fund in its activities from the goals provided for by the charter;

4) in other cases provided for by law.

3. In the event of liquidation of the foundation, its property remaining after the satisfaction of creditors' claims is directed to the purposes specified in the charter of the foundation.

Lawyer's comment:

The norms set forth in paragraph 1 of this article regulate the procedure for changing the charter of a fund, taking into account the specifics of funds as legal entities. The charter of the foundation may be amended by the bodies of the foundation, but on condition that the charter of the foundation provides for the possibility of changing it in such a manner. What specific body of the fund enjoys the right to make such changes, the Civil Code does not determine. In accordance with article 29 of the Law on non-profit organizations changing the charter of the fund is within the competence of the supreme management body of the fund - the congress (conference), general meeting.

Paragraph 2 of paragraph 1 of Article 119 establishes the judicial procedure for amending the charter of the fund. For this, the following conditions are provided:

1) if the possibility of change, the charter is not provided for, although the preservation of the charter unchanged entails consequences that could not be foreseen when the foundation was established;
2) if the charter is not changed, although such a need exists. This article does not indicate which specific bodies of the fund have the right to file an application with the court. This issue should be regulated by the charter of the fund.

Changes made to the foundation's charter are subject to registration in the same manner as the charter was made when the foundation was registered.

As a mandatory rule, paragraph 2 of article 119 provides for judicial liquidation of funds. This rule excludes the possibility of liquidation public funds voluntarily (by decision of the congress, conference or general meeting), provided for by the Law on public associations.

Paragraph 2 of article 119 lists the cases in which the fund may be liquidated. However, Article 119 does not limit the possibility of judicial liquidation of funds only to the cases listed, since it also recognizes the existence of other cases of such liquidation, if they are provided for by separate laws.

In addition to the grounds for the liquidation of funds listed in this article, the Civil Code, in Article 65, established the liquidation of funds in the event that the fund is declared insolvent by a court, i.e. bankrupt.

The specifics of judicial liquidation of public funds are established by the Law on Public Associations. The liquidation of the fund is considered completed, and the fund ceases to exist after making an entry about this in a single State Register legal entities.

The issue of the use of the fund's property remaining after the satisfaction of creditors' claims, in the event of its liquidation, should be resolved in the charter of the fund, taking into account the implementation of the goals of the fund. If there are no relevant articles in the charter, then this issue is decided by the supreme management body of the fund, and in disputable cases - by the court.