Chapter 24. Crimes against public safety

Chapter 24. Crimes against public safety

GL 24 of the Criminal Code of the Russian Federation.

Comments to Chapter 24 of the Criminal Code of the Russian Federation

• Article 205. Terrorist act
• Article 205.1. Promotion of terrorist activities
• Article 205.2. Public calls for terrorist activities, public justification of terrorism or propaganda of terrorism
• Article 205.3. Completing training for the purpose of carrying out terrorist activities
• Article 205.4. Organization of a terrorist community and participation in it
• Article 205.5. Organizing the activities of a terrorist organization and participating in the activities of such an organization
• Article 205.6. Failure to report a crime
• Article 206. Taking a hostage
• Article 207. Knowingly false report of an act of terrorism
• Article 207.1. Public dissemination of deliberately false information about circumstances posing a threat to the life and safety of citizens
• Article 207.2. Public dissemination of deliberately false socially significant information, resulting in grave consequences
• Article 208. Organization of an illegal armed group or participation in it
• Article 209. Banditry
• Article 210. Organization of a criminal community (criminal organization) or participation in it (it)
• Article 210.1. Occupying the highest position in the criminal hierarchy
• Article 211. Hijacking of an air or water transport vessel or railway rolling stock
• Article 212. Mass riots
• Article 212.1. Repeated violation of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing
• Article 213. Hooliganism
• Article 214. Vandalism
• Article 215. Violation of safety rules at nuclear energy facilities
• Article 215.1. Stopping or limiting the supply of electrical energy or disconnecting from other sources of life support
• Article 215.2. Rendering life support facilities unusable
• Article 215.3. Unauthorized connection to oil pipelines, oil product pipelines and gas pipelines or rendering them unusable
• Article 215.4. Illegal entry into a protected facility
• Article 216. Violation of safety rules during construction or other work
• Article 217. Violation of industrial safety requirements for hazardous production facilities
• Article 217.1. Violation of requirements for ensuring security and anti-terrorism protection of fuel and energy complex facilities
• Article 217.2. Deliberately false conclusion of industrial safety examination
• Article 218. Violation of the rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products
• Article 219. Violation of fire safety requirements
• Article 220. Illegal handling of nuclear materials or radioactive substances
• Article 221. Theft or extortion of nuclear materials or radioactive substances
• Article 222. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition
• Article 222.1. Illegal acquisition, transfer, sale, storage, transportation or carrying of explosives or explosive devices
• Article 223. Illegal manufacture of weapons
• Article 223.1. Illegal manufacture of explosives, illegal manufacture, alteration or repair of explosive devices
• Article 224. Careless storage of firearms
• Article 225. Improper performance of duties for the protection of weapons, ammunition, explosives and explosive devices
• Article 226. Theft or extortion of weapons, ammunition, explosives and explosive devices
• Article 226.1. Smuggling of potent, poisonous, toxic, explosive, radioactive substances, radiation sources, nuclear materials, firearms or their main parts, explosive devices, ammunition, weapons of mass destruction
• Article 227. Piracy

‹Section IX. Crimes against public safety and public orderTop Article 205. Terrorist act ›

Civil Code of the Russian Federation Part 1

Chapter 24. CHANGE OF PERSONS IN AN OBLIGATION

Transfer of creditor's rights to another person

(as amended by Federal Law dated December 21, 2013 N 367-FZ)

General provisions

Article 382. Grounds and procedure for transferring the creditor’s rights to another person

1. The right (claim) belonging to the creditor on the basis of an obligation may be transferred by him to another person under a transaction (assignment of the claim) or may be transferred to another person on the basis of law.

2. To transfer the rights of a creditor to another person, the consent of the debtor is not required, unless otherwise provided by law or agreement.

If the contract provided for a prohibition of assignment, the assignment transaction may be declared invalid at the request of the debtor only if it is proven that the other party to the transaction knew or should have known about the specified prohibition.

The prohibition of the transfer of the creditor's rights to another person provided for in the contract does not prevent the sale of such rights in the manner established by the legislation on enforcement proceedings and the legislation on insolvency (bankruptcy).

3. If the debtor was not notified in writing about the transfer of the creditor's rights to another person, the new creditor bears the risk of the resulting unfavorable consequences for him. The debtor's obligation is terminated by its performance to the original creditor, made before receiving notification of the transfer of rights to another person.

4. The original creditor and the new creditor are jointly obliged to compensate the debtor - an individual for the necessary expenses caused by the transfer of the right, if the assignment, which entailed such expenses, was made without the consent of the debtor. Different reimbursement rules may be required under securities laws.

Article 383. Rights that cannot be transferred to other persons

The transfer to another person of rights inextricably linked with the personality of the creditor, in particular claims for alimony and compensation for harm caused to life or health, is not permitted.

Article 384. The scope of the creditor’s rights transferred to another person

1. Unless otherwise provided by law or agreement, the right of the original creditor passes to the new creditor to the extent and on the conditions that existed at the time of transfer of the right. In particular, the rights ensuring the fulfillment of the obligation, as well as other rights related to the claim, including the right to interest, are transferred to the new creditor.

2. The right of claim under a monetary obligation may be transferred to another person in part, unless otherwise provided by law.

3. Unless otherwise provided by law or contract, the right to receive performance other than payment of a sum of money may be transferred to another person in part, provided that the corresponding obligation is divisible and the partial assignment does not make the debtor’s performance of his obligation significantly more burdensome.

Article 385. Notification of the debtor about the transfer of rights

1. The debtor’s notification of the transfer of rights is valid for him regardless of whether it was sent by the original or the new creditor.

The debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of rights to this creditor, unless notification of the transfer of rights is received from the original creditor.

2. If the debtor has received notice of one or several subsequent transfers of rights, the debtor is considered to have fulfilled the obligation to the proper creditor upon performance of the obligation in accordance with the notice of the last of these transfers of rights.

3. A creditor who has assigned a claim to another person is obliged to transfer to him documents certifying the right (claim) and provide information relevant for the exercise of this right (claim).

Article 386. Debtor’s objections to the claim of a new creditor

The debtor has the right to raise objections against the claim of the new creditor that he had against the original creditor if the grounds for such objections arose by the time he received notification of the transfer of rights under the obligation to the new creditor.

Transfer of rights based on law

Article 387. Transfer of the rights of a creditor to another person on the basis of law

1. The rights of the creditor under an obligation are transferred to another person on the basis of law upon the occurrence of the circumstances specified therein:

1) as a result of universal succession in the rights of a creditor;

2) by a court decision to transfer the creditor’s rights to another person, if the possibility of such a transfer is provided for by law;

3) as a result of the fulfillment of an obligation by the guarantor of the debtor or by a pledgor who is not a debtor under this obligation;

4) when the insurer subrogates the rights of the creditor to the debtor responsible for the occurrence of the insured event;

5) in other cases provided for by law.

2. The rules of this Code on the assignment of claims (Articles 388 - 390) apply to relations related to the transfer of rights on the basis of law, unless otherwise established by this Code, other laws or follows from the essence of the relationship.

Assignment of claim (cession)

Article 388. Conditions for assignment of claims

1. Assignment of a claim by a creditor (assignor) to another person (assignee) is permitted if it does not contradict the law.

2. Without the consent of the debtor, assignment of a claim under an obligation in which the identity of the creditor is of significant importance for the debtor is not allowed.

3. An agreement between a debtor and a creditor to limit or prohibit the assignment of a claim under a monetary obligation related to the implementation of business activities by its parties does not invalidate such an assignment and cannot serve as a basis for terminating the contract from which this claim arose, but the creditor (assignor) ) is not released from liability to the debtor for this violation of the agreement.

4. The right to receive non-monetary performance may be assigned without the consent of the debtor, if the assignment does not make the fulfillment of his obligation significantly more burdensome for him.

An agreement between the debtor and the assignor may prohibit or limit the assignment of the right to receive non-monetary performance.

5. A joint creditor has the right to assign a claim to a third party with the consent of other creditors, unless otherwise provided by an agreement between them.

Article 388.1. Assignment of a future claim

1. A claim for an obligation that will arise in the future (future claim) may be assigned if the assignment is made on the basis of a transaction related to the implementation of business activities by its parties.

A future claim, including a claim under an obligation from a contract to be concluded in the future, must be defined in the assignment agreement in a manner that allows the claim to be identified at the time it arises or passes to the assignee.

2. Unless otherwise established by law, the future claim passes to the assignee from the moment it arises. An agreement between the parties may provide that a future claim is transferred at a later date.

Article 389. Form of assignment of claim

1. The assignment of a claim based on a transaction made in simple written or notarial form must be made in appropriate written form.

2. An agreement on the assignment of a claim under a transaction requiring state registration must be registered in the manner established for the registration of this transaction, unless otherwise provided by law.

Article 389.1. Rights and obligations of the assignor and assignee

1. The mutual rights and obligations of the assignor and assignee are determined by this Code and the agreement between them on the basis of which the assignment is made.

2. The claim passes to the assignee at the time of concluding the agreement on the basis of which the assignment is made, unless otherwise provided by law or agreement.

3. Unless otherwise provided by the agreement, the assignor is obliged to transfer to the assignee everything received from the debtor on account of the assigned claim.

Article 390. Liability of the assignor

1. The assignor is responsible to the assignee for the invalidity of the claim transferred to him, but is not responsible for the failure of the debtor to fulfill this requirement, except for the case if the assignor has assumed guarantee for the debtor to the assignee.

2. When making an assignment, the assignor must meet the following conditions:

the claim being assigned exists at the time of assignment, unless the claim is a future claim;

the assignor is entitled to make an assignment;

the assigned claim was not previously assigned by the assignor to another person;

the assignor has not committed and will not perform any actions that could serve as a basis for the debtor’s objections to the assigned claim.

The law or agreement may also provide for other requirements for the assignment.

3. If the assignor violates the rules provided for in paragraphs 1 and 2 of this article, the assignee has the right to demand from the assignor the return of everything transferred under the assignment agreement, as well as compensation for losses caused.

4. In relations between several persons to whom the same claim was transferred from one assignor, the claim is recognized as transferred to the person in whose favor the transfer was made earlier.

In the event of performance by the debtor to another assignee, the risk of the consequences of such performance is borne by the assignor or assignee who knew or should have known about the assignment of the claim that took place earlier.

Debt transfer

Article 391. Condition and form of transfer of debt

(as amended by Federal Law dated December 21, 2013 N 367-FZ)

1. The transfer of a debt from a debtor to another person can be made by agreement between the original debtor and the new debtor.

In obligations related to the implementation of business activities by their parties, the transfer of debt can be made by agreement between the creditor and the new debtor, according to which the new debtor assumes the obligation of the original debtor.

2. Transfer by the debtor of his debt to another person is permitted with the consent of the creditor and in the absence of such consent is void.

If the creditor gives prior consent to the transfer of debt, this transfer is considered to have taken place at the time the creditor receives notice of the transfer of debt.

3. When transferring a debt under an obligation related to the implementation of business activities by its parties, in the case provided for in paragraph two of paragraph 1 of this article, the original debtor and the new debtor bear joint liability to the creditor, unless the agreement on the transfer of debt provides for the subsidiary liability of the original debtor or the original debtor is not released from fulfilling the obligation. The original debtor has the right to refuse release from fulfillment of the obligation.

The rights of the creditor under this obligation are transferred to the new debtor, who has fulfilled the obligation related to the implementation of entrepreneurial activities by its parties, unless otherwise provided by the agreement between the original debtor and the new debtor or does not follow from the essence of their relationship.

4. The rules contained in Article 389 of this Code are respectively applied to the form of debt transfer.

Article 392. Objections of the new debtor to the creditor’s claim

The new debtor has the right to raise objections against the creditor's claim based on the relationship between the creditor and the original debtor, but does not have the right to exercise against the creditor the right to set off a counterclaim belonging to the original debtor. (as amended by Federal Law dated December 21, 2013 N 367-FZ)

Article 392.1. Rights of the creditor in relation to the new debtor

(introduced by Federal Law dated December 21, 2013 N 367-FZ)

1. The creditor may exercise all rights under the obligation in relation to the new debtor, unless otherwise provided by law, contract or follows from the essence of the obligation.

2. If, when transferring a debt, the original debtor is released from the obligation, the security for the fulfillment of the obligation provided by a third party is terminated, unless such person has agreed to be responsible for the new debtor.

3. The release of the original debtor from the obligation applies to any security provided by him, unless the property that is the subject of the security is transferred by him to the new debtor.

Article 392.2. Transfer of debt by force of law

(introduced by Federal Law dated December 21, 2013 N 367-FZ)

1. The debt may be transferred from the debtor to another person on the grounds provided by law.

2. To transfer a debt by force of law, the consent of the creditor is not required, unless otherwise established by law or follows from the essence of the obligation.

Article 392.3. Transfer of the contract

(introduced by Federal Law dated December 21, 2013 N 367-FZ)

In the event of a simultaneous transfer by a party of all rights and obligations under an agreement to another person (transfer of an agreement), the rules on assignment of claims and transfer of debt are respectively applied to the transfer transaction.