blogFederal Laws of 08.12.2003 N 162-FZ, 07.12.2011 N

5. Juli 2020by beauty-shop

Federal Laws of 08.12.2003 N 162-FZ, 07.12.2011 N

are punished with a fine of up to two hundredthousand rubles or in the amount of wages orother income of the convicted person for the period up toeighteen months, or restriction of libertyfor up to four years, or compulsoryworks for up to four years with deprivation of the righthold certain positions or engagecertain activities for up to three yearsor without it, or imprisonment for a periodup to four years with the deprivation of the right to borrowcertain positions or occupycertain activities for up to three yearsor without it.

Article 139. Violationinviolability of the home

1. Illegal entry into the home,committed against the will of the person living in it,-

is punishable by a fine of up to forty thousandrubles or in the amount of wages or otherincome of the convicted person for a period of up to three months,or compulsory work for up to three hundredsixty hours, or correctionalworks for up to one year, or arrest forup to three months. (as amended by Federal Lawsfrom 08.12.2003 N 162-FZ, from 07.12.2011 N 420-FZ)

2. The same act committed with the use ofviolence or with the threat of its use, –

is punishable by a fine of up to two hundredthousand rubles or in the amount of wages orother income of the convicted person for the period up toeighteen months, or correctionalworks for up to two years, orforced labor for up to two years,or imprisonment for the same period. (as amended byFederal Laws of 08.12.2003 N 162-FZ, 07.03.2011 N26-FZ, dated 07.12.2011 N 420-FZ)

3. The acts provided for in the first orsecond of this article, committed by a person withusing their official position, –

are punished with a fine in the amount of one hundred thousand tothree hundred thousand rubles or in the amount of wagespayment or other income of the convicted person for the period fromone to two years, or by deprivation of the righthold certain positions or engagecertain activities for a period of two tofive years, or forced labor for a periodup to three years, or arrest for up to fourmonths, or imprisonment for up to threeyears. (as amended by Federal Laws of 08.12.2003 N 162-FZ, of07.03.2011 N 26-FZ, dated 07.12.2011 N 420-FZ)

Note. Under the dwelling in this article, andalso in other articles of this Codeis understood as an individual residential building with incomingin it with residential and non-residential premises, residentialpremises regardless of the form of ownership,included in the housing stock and suitable forpermanent or temporary residence, as well asanother room or structure not included inhousing stock, but intended for temporaryresidence.

Article 140. Refusal to providecitizen of information

Unlawful refusal of an official toprovision of collected in the establishedthe order of documents and materials,directly affecting the rights and freedomscitizen, or providing a citizenincomplete or knowingly false information, ifthese acts have caused harm to the rights and legalinterests of citizens –

are punished with a fine of up to two hundredthousand rubles or in the amount of wages orother income of the convicted person for the period up toeighteen months or deprivation of the righthold certain positions or engagecertain activities for a period of two tofive years. (as amended by Federal Law of 08.12.2003 N162-FZ)

Article 141. Obstructionexercise of suffrage or workelection commissions

1. Obstruction of free exercisea citizen of their electoral rights or rightsto participate in a referendum, violation of secrecyvoting, as well as Obstruction of workelection commissions, referendum commissionsor the activities of a member of the election commission,referendum commission related to the execution oftheir responsibilities, –

is punishable by a fine of up to eightythousand rubles or in the amount of wages orother income of the convicted person for a period of up to sixmonths, or compulsory work for up tothree hundred and sixty hours, or correctionalworks for up to one year. (as amended byFederal Laws of 08.12.2003 N 162-FZ, 07.12.2011 N420-FZ, dated 10.07.2012 N 106-FZ)

2. The same acts:

a) combined with bribery, deception,coercion, use of violence or with a threatits application;

b) committed by a person using hisofficial position;

c) committed by a group of persons on preliminarycollusion or by an organized group –

are punished with a fine in the amount of one hundred thousand tothree hundred thousand rubles or in the amount of wagespayment or other income of the convicted person for the period fromone to two years old, or compulsoryworks for up to four hundred and eightyhours, or correctional labor for up totwo years, or forced labor for a periodup to five years, or arrest for up to sixmonths, or imprisonment for up to fiveyears. (as amended by Federal Laws dated 07.12.2011 N 420-FZ, dated10.07.2012 N 106-FZ)

H. Interference with the use of officialor official position in the exerciseelection commission, referendum commissionits powers established by lawon elections and referenda, with the aim of p"

PLENUM OF THE SUPREME COURT OF THE RUSSIANFEDERATIONS

N 5

PENALTY OF THE HIGHER ARBITRATION COURTRUSSIAN FEDERATION

N 29

RESOLUTION

of March 26, 2009

ABOUT SOME QUESTIONS ARISING IN CONNECTION WITHINTRODUCTION TO PART FOUROF THE CIVIL CODE OF THE RUSSIAN FEDERATION

In connection with the entry into force of part fourOf the Civil Code of the Russian Federation(hereinafter – the Civil Code of the Russian Federation, the Code) in judicial practice arosea number of questions. In order to ensure uniformapproaches to their resolution Plenum of the Supreme CourtOf the Russian Federation and the Plenum of the SupremeOf the Arbitration Court of the Russian FederationDecide to give the courts the following clarifications.

1. Determining the jurisdiction of cases,related to the application of the provisions of partthe fourth Civil Code of the Russian Federation, the courts should proceed fromnext.

Disputes over who is the author of the resultintellectual activity, subject tocourts of general jurisdiction as not related toimplementation of business and othereconomic activity.

Jurisdiction over infringement disputesintellectual property rightsintellectual activity and equated tohim means of individualization of legal entities,goods, works, services and enterprises, aboutestablishing the patent holder, on the rightprior use and after use, anddisputes arising from agreements on alienationexclusive rights and licensing agreements,determined based on the subject compositionparties to the dispute, if such a dispute is related toimplementation of business and othereconomic activity.

Application of the Federal Law "Onenactment of part fourOf the Civil Code of the Russian Federation "

2. Part four of the Civil Code of 123helpme.me the Russian Federation was introduced intoeffective from 01.01.2008. By virtue of article5 of the Federal Law of 18.12.2006 N 231-FZ "Onenactment of part fourOf the Civil Code of the Russian Federation "(hereinafter – the Introductory Law) it applies tolegal relations arising after its introduction intoact. For legal relations that arose before 01.01.2008,it applies to those rights and obligationswhich arose after 12/31/2007.

This means, in particular, the following.

2.1. When considering cases of violationsrights to the results of intellectualactivities allowed before 01.01.2008, the courts shouldbe guided by legislation,in force before the entry into force of partthe fourth Civil Code of the Russian Federation.

So, if a person has committed an illegalreproduction of the work before 01.01.2008, anddistribution of a counterfeit copycarried out after 31.12.2007, the case regarding the violationreproduction rights must be consideredin accordance with the Law of the Russian Federation dated07/09/1993 N 5351-1 "On Copyright and Relatedrights "(hereinafter – the Copyright Law), inparts of the violation of the right to distribution – inin accordance with the provisions of part four of the Civil CodeRF.

2.2. When considering cases on recognitionintellectual property rights (if applicableRussian law) is subject to applicationRussian legislation in force onthe moment the corresponding right arises.So, the author of a work is determined on the basis oflegislation in force at the time of itscreation; the author of an invention, utility model, orindustrial design – based onlegislation in force on the date of filingapplications for a patent for this invention,utility model or industrial design.

2.3. When challenging decisionsFederal Service for Intellectualproperty, patents and trademarks (hereinafter- Rospatent) courts should take into account: applications forthe grant of a patent, a trademark application, andappellation of origin applicationsgoods are subject to consideration by Rospatent inthe procedure established by law,effective at the time of filing applications, unless otherwisenot specifically provided for by law.

When considering objections to extraditionpatent granting legal protectiontrademark, place namethe origin of the goods, the courts determine the groundsto invalidate a patent,granting legal protection to a trademark,appellation of origin of goods,based on the legislation in force onthe moment of filing an application for a patent, an application fortrademark, appellation of place applicationsorigin of goods.

At the same time, the orderconsideration of the relevant objections,in force at the time of application for recognitioninvalid patent, grantlegal protection of a trademark, nameplace of origin of goods.

2.4. Deciding whether to terminatelegal protection of a trademark ahead of scheduledue to its non-use, the courts mustproceed from a three-year period of suchnon-use (paragraph 1 of Article 1486 of the Civil Code of the Russian Federation) outsidedepending on the date of filing an application for a commoditysign.

3. By virtue of the paragraphof the first article 6 of the Introductory Law, the terms of protectionrights under Articles1281, 1318, 1327 and 1331 of the Civil Code of the Russian Federation, are applied incases when the fifty-year period of validitycopyright or related rights have not expired to01.01.1993.

According to paragraphthe first paragraph 1 of Article 1281 of the Codethe exclusive right to a work is valid,as a general rule, throughout the life of the author andseventy years from January 1 of the next yearafter the year of the author’s death.

Therefore, if the fifty-year period of validitythe copyright for the work expired after12/31/1992 (but before the entry into force of the FederalLaw of 20.07.2004 N 72-FZ "On Amendments toThe Law of the Russian Federation "On Copyrightlaw and related rights "who establishedseventy-year period of validity of the copyrightlaw) and the work passed into the publicproperty, from 01.01.2008 the action of the exclusivethe rights to this work are renewed andthe term is calculated according to the rules stipulated by article 1281 of the Civil Code of the Russian Federation.

The actions of persons who used before the introduction intothe effect of part four of the Code of the work,who were before 01.01.2008 in the publicproperty and have complied with the provisions of Article 28Copyright Law despiterenewal of the exclusive right tothe work cannot be considered a violation.However, further useworks can only be carried out withcompliance with the provisions of part four of the Civil Code of the Russian Federation.

4. Based on the paragraphsecond article 6 of the Introductory Law copyrightthe law of legal entities that arose before 03.08.1993, thenthere is before the entry into force of the Copyright Lawright, terminates after seventy yearsfrom the date of the lawful publication of the work,and if it has not been made public – from the date of creationworks. To the relevant legal relationshipby analogy, the rules of part four applyCivil Code of the Russian Federation. For the purposes of their application, such legalpersons are considered the authors of the works.

Guided by these legal provisions,ships should take into account: an indication that forthe purposes of applying the rules of part four of the Codelegal entities are considered authorsworks does not mean recognitionthe respective legal entities by the authors,possessing the whole range of intellectualrights to a work that may belongauthors – individuals – namely, personalmoral rights.

As a result, to legal entities,acquired copyrights before 03.08.1993,the provisions of part four of the Civil Code of the Russian Federation apply,regulating implementation, terminationexclusive rights and disposal of them. Personalmoral rights to the relevantworks belong to individuals.

5. According to article12 of the Introductory Law the provisions of paragraphs 1, 3 and 5Articles 32, Articles 33 and 34 of the USSR Law of 05/31/1991 N 2213-1"On inventions in the USSR" of paragraph 3 of Article 21,paragraphs 1 and 3 of Article 22 and Article 23 of the USSR Law of10.07.1991 N 2328-1 "On Industrial Designs"benefits and material incentivesare applied on the territory of the Russian Federationbefore the adoption of legislative acts of the RussianFederation on the development of invention andartistic and design creativity.

When applying this standard, it is necessarytake into account that the relevant legal provisions,as well as other adopted for their implementationregulatory legal acts are subject to application inpart that does not contradict the Civil Code of the Russian Federation.

Article 34 of the USSR Law "On inventions inUSSR "providing for the paymententerprise-patentee andan enterprise-licensee of remuneration to personspromoting the creation and use ofinvention, from 01.01.2008 is applied subject to paragraph4 of Article 1370 of the Code only in the part of the obligationemployer pay remuneration orcompensation to the employee – the author of the officialinventions.

6. Based on the article14 of the Introductory Law company nameslegal entities that do not comply with the rules of paragraph 1 of Chapter 76 of the Civil Code of the Russian Federation,to be brought in line with theserules at the first change after 01.01.2008constituent documents of legal entities.

If the corporate name of a legal entitynot brought in line with the requirements of paragraphs 3 and 4 of Article 1473 of the Civil CodeRF at the specified moment, then according to paragraph 5 of thisarticle the body exercising stateregistration of legal entities, has the right to presentsuch a legal entity a claim for compulsion tochange of the corporate name. The provisionsparagraph three of clause 2 and clause 3 of Article 61The Code does not apply in this case.

7. Subparagraph 13Article 17 of the Introductory Law of the Civil Code of the Russian Federation supplementedarticle 152.1, establishing the protection of the imagecitizen.

Right to promulgation and furtherthe use of the citizen’s image is notis an exclusive right in the senseprovisions of part four of the Code,therefore, in case of violation of the specifiedrights can only be applied by means of protection,established by Article 12 of the Civil Code of the Russian Federation.

It should also be borne in mind that by virtue of Article152.1 of the Code does not require the consent of the citizen todisclosure and further useimages if:

the use of the image is carried out instate, public or otherpublic interest;

or the image of a citizen was obtained withshooting, which is carried out in places open tofree attendance, or on publicevents (meetings, congresses, conferences,concerts, performances, sportscompetitions and similar events), forexcept when such an imageis the main object of use;

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