General information on the  Presidential Council - Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev

General information on the  Presidential Council for Codification and Enhancement of Civil Legislation

 

The Presidential Council for Codification and Enhancement of Civil Legislation has been operating since 1999.

The Council is a consultative body under the President of the Russian Federation established to coordinate the interaction between the federal bodies of state authority, bodies of state authority of the subjects of the Russian Federation, public organizations, research and other organizations in matters related to enhancing civil legislation.

Essentially, the Council is a body of independent examination of draft laws in the field of private law and their concepts that has been continuously operating since its inception.

The Council was formed by the Decree of the President of the Russian Federation B.N. Yeltsin of 5 October 1999 No.1338 “On the Presidential Council for Codification and Enhancement of Civil Legislation” in order to bring civil legislation in line with the needs of the economy and social life and its further improvement.

By decree of 29 October 2003 No.1267 “On Ensuring the Activities of the Presidential Council for Codification and Enhancement of Civil Legislation”  the President of the Russian Federation V.V Putin  made a fundamental alteration to the work of the Council, having ordered that the draft federal laws in the field of civil law prepared by federal bodies of executive authority should be sent to the Council for an expertise before their submission to the Government of the Russian Federation.

The current fifth composition of the Council consisting of 41 members was formed by the Decree of the President of the Russian Federation V.V. Putin of 18 September 2018 No. 525. It includes leading Russian civil-law scientists, including 20 doctors of juridical sciences and 13 candidates of legal sciences. Among the members of the Council there are:

  • eight active judges, including judges of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation,
  • members of the State Duma, of the Administration of the President of the Russian Federation, of the Government of the Russian Federation, of the Ministry of Justice of the Russian Federation,
  • a full member of the Russian Academy of Sciences and a corresponding member of the Russian Academy of Sciences,
  • representatives of leading law schools and academic institutions, of business organizations and reputable public organizations .

The members of the Council work in the Council pro bono.

The functions of the Secretariat of the Council, as well as the organizational and informational support of its activities, are entrusted by the President of the Russian Federation to the Private Law Research Center named after S.S. Alekseev under the President of the Russian Federation (paragraph 10 of the Decree of the President of the Russian Federation of 5 October 1999 No. 1338).

Expert opinions of the Council after their finalization are sent to the President of the Russian Federation, to the chambers of the Federal Assembly, to the highest judicial instances, as well as to the officials in accordance with the Decree of the President of the Russian Federation of 5 October 1999 No. 1338.

Agendas of the meetings and draft expert opinions of the Council, all expert opinions adopted at the Council meetings, as well as monthly reviews of the Council’s activities are published on the website of the Research Center (http://privlaw.ru/sovet-po-kodifikacii/). All expert opinions of the Council (as of 1 March 2019 there are more than 800 of them) are published in the ConsultantPlus electronic database, and some of the most significant decisions are published in the law journal “Civil Law Review”. The activities of the Council are widely covered in the media.

In pursuance of the Decree of the President of the Russian Federation of 18 July 2008 No. 1108 “On Improvement of the Civil Code of the Russian Federation”, the Council, together with the Research Center, has developed the Concept of the Development of the Civil Legislation of the Russian Federation. After the public discussion with the scientists and specialists in the field of private law the Concept was approved by the decision of the Council of 7 October 2009, signed by the President of the Russian Federation, and published.

In accordance with the Concept, the Council had prepared a draft federal law on introducing major changes to the Civil Code of the Russian Federation. After publication and wide public discussion the draft law was submitted to the State Duma  by the President of the Russian Federation and adopted in the first reading on 27 April 2012.

The working groups on the preparation of concepts and draft laws on several sub-branches and institutions of civil law are permanently operating under the auspices of the Council. Recently the Council had formed two working groups that are currently effectively working on the preparation of a concept on the development of the provisions of the Second Part of the Civil Code of the Russian Federation on the insurance contract  and on the improvement of the legislation on rights in things.

For their participation in the work of the Council, members of the Council were awarded Honorary Diplomas of the Administration of the President of the Russian Federation and Letters of Gratitude from the Head of the Administration of the President of the Russian Federation

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