scholarly journals HEREDITARY FUND - NEW CATEGORY IN THE CIVIL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 21 (6) ◽  
pp. 195-200
Author(s):  
Y. A. Tarasov ◽  
G. S. Ignatenko ◽  
N. A. Gulyaev ◽  
D. V. Tertichnikov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Property Management ◽  
Fund Management ◽  
Legal Entity ◽  
The Will ◽  
The Russian Federation ◽  
The Moment

New category in the Russian civil law (hereditary fund) is described in the article. Hereditary fund represents Russian analog of widespread institute of trust in Europe. Norms regulating activity of hereditary funds will be active from 09.01.2018. Hereditary fund is created by the Civil Code of the Russian Federation to will citizen. On the basis of his property the fund which is carrying out activities for property management receives inheritance. It can be termless or during a certain term. Only one person can create hereditary fund. Hereditary fund is created after the death of the citizen according to his will. To create hereditary fund it is necessary to have the will of the citizen which contains decision on hereditary fund creation. It is also necessary to have fund charter and fund management. The application for hereditary fund creation is submitted by the notary within 3 days from the moment of hereditary opening. As legal entity hereditary fund has isolated property which is formed by provided law. The property from fund is transferred to persons who are named in the decision on hereditary fund establishment or separate categories from an uncertain circle of people defined according to fund charter. The structure of hereditary fund bodies or an order of their formation is also defined by the testator. Despite introduction of a new design to the Russian civil law there are reasonable doubts whether hereditary funds will become popular in Russia or not. It is connected with a number of gaps which are in adopted law.

scholarly journals Problems of Determining the Guilt of Legal Entities in Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 413-417
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Code ◽  
Legal Entity ◽  
Central Focus ◽  
Legal Science ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The problem of determining the guilt of a legal entity for an administrative offense is currently very relevant in legal science. This problem is the central focus of this work. However, in order to fully disclose the problem of determining the guilt of legal entities, the article highlights the problems that are associated with the concept of a legal entity and its essence. The presented paper lists the approaches to determining the essence of a legal entity. The concept of a legal entity in accordance with the Civil Code of the Russian Federation is given. The article analyzes the concept of a legal entity under civil law with the concept of an organization, which is defined in the science of sociology. This article gives the concept of a collective subject. And also, the correlation of the concept of a collective subject and the concept of a legal entity is considered. Further, the article identifies three main approaches to determining the guilt of legal entities in administrative law: subjective, objective and complex, and also expresses the opinion of the authors of the article about the approaches under consideration. The paper presents the author’s conclusions and possible solutions to problems related to the concept of a legal entity and the definition of the legal entity’s guilt in administrative law for administrative offenses.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

INHERITANCE OF THE PROPERTY OF A MEMBER OF A PEASANT (FARMER) FARM

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Peasant Farmer ◽  
Legal Entity ◽  
The Russian Federation

В статье рассматриваются проблемы правового регулирования наследования имущества члена крестьянского (фермерского) хозяйства. КФХ может существовать в двух формах: как юридическое лицо и без образования юридического лица. ГК РФ определяет порядок перехода по наследству имущества лишь КФХ без образования юридического лица. The article deals with the problems of legal regulation of inheritance of property of a member of a peasant (farmer) farm. PFF can exist in two forms: as a legal entity and without the formation of a legal entity. The Civil Code of the Russian Federation defines the procedure for the inheritance of property only in a farm without the formation of a legal entity.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

scholarly journals Challenges of Compulsory Seizure of Private Property by the State through Requisition, Confiscation and Nationalization under the Civil Legislation of Russia

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 25-32
Author(s):  
E. V. Bogdanov
Keyword(s):  
Russian Federation ◽  
Private Property ◽  
Civil Law ◽  
Civil Code ◽  
State Ownership ◽  
The State ◽  
State Responsibility ◽  
Additional Equipment ◽  
The Russian Federation ◽  
To Come

The existence of extraordinary circumstances, which should be understood as circumstances unavoidable under these conditions, constitutes the condition for requisition. The Civil Code of the Russian Federation gives state bodies a certain freedom in carrying out requisitions, as it is hardly possible to list all exceptional circumstances when additional equipment or other property will be required both to prevent the development of emergencies and to deal with their consequences.Civil law confiscation involves the termination of private property and the emergence of state ownership of confiscated property. Therefore, it is impossible to treat as confiscation the seizure of tengible media according to Para. 4 of Art. 1252 of the Civil Code of the Russian Federation, because they were produced in violation of the law and, therefore, ownership has not arisen. The paper also substantiates the conclusion that nationalization requires relevant property to come not into the property of the State, but into the national property. In the author’s opinion, the currently existing State property does not contain any hints of national property, and it can be stated that the Russian people even more than previously are removed from the property of the State and are excluded from State responsibility. Nationwide property serves as a foundation of the civil society.

scholarly journals Responsibility of Individuals Managing a Legal Entity

Lex Russica ◽  
2019 ◽  
pp. 30-38
Author(s):  
Yu. A. Meteleva
Keyword(s):  
Russian Federation ◽  
Causal Link ◽  
Civil Code ◽  
Constitutional Court ◽  
Court Cases ◽  
Legal Entity ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Russian Federation

The problem of liability of persons managing a legal entity was raised in Russian civil law after the adoption of legislation on joint-stock companies. At the beginning, it was more theoretical in nature, since the civil legislation did not contain any mechanisms for the implementation of such liability. To date, due to the reform of the Civil Code and changing approaches in jurisprudence, disputes concerning property liability of directors have formed a considerable category of cases. The paper analyzes the elements of such civil wrongs as damage caused to a legal entity by persons who are members of the managerial boards and are able to exercise a significant impact on such boards. All elements of the civil wrong under consideration are being analyzed: the act, the consequences (damage), the causal link between the act and the consequences, and the fault of the wrong-doer. The paper also elucidates the participants involved in such disputes. Exploring specific court cases, the author shows which acts of directors are recognized by the courts as illegal, what restrictions are expressed in the legal standings of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation to qualify as illegal different acts of directors and other persons. In the vast majority of cases of this category, persons exercising the functions of the sole executive body are prosecuted. Sometimes they are also the participants at the same time. The scope of persons covered by the term “determining the acts of a legal entity” is not defined in the law, which also hampers judicial practice. Judicial proceedings bringing such persons to justice are exceptional. Therefore, the author proposes to define in the Civil Code all persons who can commit an act and thereby cause damage to a legal entity. In addition, it is proposed to establish criteria of unreasonableness and dishonesty of actions of directors and other persons.

Differentiation of Labor and Civil Legal Relations

2021 ◽  
pp. 67-75
Author(s):  
Elena A. Ershova ◽  
◽  
Valentin V. Ershov ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Code ◽  
Employment Contract ◽  
The Russian Federation ◽  
Points Of View ◽  
The Moment

The authors analyze the points of view of scientists and practitioners on the differentiation of labor and civil legal relations. The conclusion is made: labour and civil legal relations, both in the XIX and in the XXI centuries, must be distinguished by objective criteria. In cases of fake transactions, for example, civil contracts or paid services, it is theoretically more reasonable to apply to the court with claims about the application of the consequences of the invalidity of fake transactions (paragraph 3 of Article 166 of the Civil Code of the Russian Federation) and the conclusion of an employment contract from the moment of the actual occurrence of labor relations (paragraph 5 of part 2 of Article 16 of the Labour Code of the Russian Federation), indicating the mandatory terms of the employment contract (part 2 of Article 57 of the Labour Code of the Russian Federation)

Application of civil law in the regulation of labour relations

2021 ◽  
pp. 748-755
Author(s):  
A.V. Mayfat ◽  
M.A. Zhiltsov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Labor Disputes ◽  
Labour Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Common Situation

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

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