scholarly journals One Real Estate Complex: Concept and Prospects of Law

2020 ◽  
Vol 15 (3) ◽  
pp. 124-140
Author(s):  
ALEXANDR A. VEDENIN
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Concept ◽  
The Russian Federation ◽  
Legal Concepts ◽  
Property Complex

One of the most important and discussed topics of Russian civilization is the issue of objects of civil law. The topic under study is not adequately reflected in domestic civil law and judicial arbitration practice. According to legal scholars, the ongoing changes in domestic civil legislation have not eliminated problems that relate to objects of civil law. The constant complication of civil law turnover and the development of domestic science of civil law are forced to carry out targeted work in this direction. The domestic legislator initiates the necessary new norms of civil law. As a result, this entails, among other things, the emergence of new objects of civil law. The expediency of expanding the list of objects of civil law requires a rethinking of existing legal concepts and work on serious theoretical and practical justification of new ones. In legal science and practice, the need to include the legal concept of "single immovable complex" in the current civil legislation of the Russian Federation is proved Legal scholars have formed various opinions that characterize it. Domestic civilizations have identified and analyzed the theoretical and practical shortcomings of a single immovable complex. A comparative legal study of a single real estate complex, an enterprise as a property complex, a complex thing was carried out and it is confirmed that they are not identical. Obviously, a single immovable complex is a necessary and relevant legal concept of domestic scientific thought. In order to create a single real estate complex, some conditions are needed. The rights holder of movable and immovable property by his will decides to create it. The permitting authorities, through State registration, decide to establish. Disadvantages of a single immovable complex, both theoretical and practical, are indicated. Similarities and differences in the design of the enterprise as a property complex, a complex thing, and a single real estate complex made it possible to identify the features of the legal status of the latter and distinguish it as an independent object of civil rights. Despite the fact that in the Civil Code of the Russian Federation there are such legal concepts as "enterprise as a property complex" and "complex thing," the inclusion of a single real estate complex in the current civil legislation is necessary. The legal significance of this concept is unconditional. It justifies its own point of view on the problem and the place of a single immovable complex in the system of objects of civil law. Recognizing the need for the concept of "single immovable complex" in the current civil legislation of the Russian Federation, the domestic legislator should focus on its significant theoretical and practical shortcomings that impede the effective enforcement of the provisions of Art. 1331 of the Civil Code of the Russian Federation. Domestic legislators need to give them an appropriate legal assessment, as well as suggest effective ways to solve them.

scholarly journals DIGITAL TECHNOLOGIES AS AN OBJECT OF CIVIL LAW

2020 ◽  
Author(s):  
A. Bobrovnikova ◽  
T. Konoplyannikova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Information Technologies ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Framework ◽  
Civil Code ◽  
The Russian Federation

The article discusses changes in the legal framework for the introduction and use of information technologies in Russia. The article analyzes the issue of improving the new object of civil rights, taking into account amendments to the Civil code of the Russian Federation and other legal acts.

scholarly journals CLASSIFICATIONS OF LEGAL COMMUNICATION IN RUSSIAN CIVIL LAW

2020 ◽  
Vol 16 (3) ◽  
pp. 54-63
Author(s):  
Владимир Куранов
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Business Communication ◽  
Civil Code ◽  
Essential Condition ◽  
Legal Implications ◽  
Legal Communication ◽  
The Russian Federation ◽  
Communication Methods

Business communication is an essential condition for successful functioning of the civil turnover. In 2013, for assigning a legal effect to business communication, the legislator introduced a new norm - Article 165.1 of the Russian Federation Civil Code that covers legal communication. Despite the fact that this legislative innovation has been existing for almost seven years, despite the accumulated volume of judicial and arbitration practice of applying this rule, and despite the scientific research interest in this problem, the civil law science does not have a full-fledged theory of legal communication, including its concept, features, place in the system of legal facts, and other aspects. The purpose is to classify by various criteria the legal communication whose legal status is provisioned by the rule of Article 165.1 of the Russian Federation Civil Code, for solving a task meaningful for the Russian civil law development - i.e. the task of constructing the civil theory of legal communication. Methods: the basis of the research is the dialectical materialistic method of obtaining awareness of public phenomena and processes that conditions the study of legal communication in dynamics and in conjunction with other legal phenomena. Other universal methods including analysis, synthesis, induction and deduction, comparison, grouping are applied. Results: the author proposes innovative classifications of legal communication; with the classification criteria including the form, the conduct of the addressee of the message, the number of the addressees, the nature of legal implications, the source, and the sphere of application.

scholarly journals Digital rights under the civil law of the Russian Federation

2021 ◽  
Vol 109 ◽  
pp. 01024
Author(s):  
Armine Mograbyan
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Financial Assets ◽  
Digital Rights ◽  
The Russian Federation ◽  
Russian Law ◽  
Definition Of ◽  
Positive Nature

The article discusses a new object of civil rights, which appeared as a result of the addition of the Civil Code of the Russian Federation with article 141.1 “Digital rights”. The features of the definition of digital rights in Russian civil law are revealed. Particular attention is paid to the formulation of the concept of digital rights contained in the Civil Code of the Russian Federation. The author draws attention to the fact that according to Russian civil law, digital rights include only those that are directly named as such in the law, which indicates a legislative limitation of their turnover. In addition, the adopted laws on crowdfunding and digital financial assets were reviewed, as well as utilitarian digital rights and digital rights that relate to digital financial assets were analyzed. Attention is also drawn to other problems raised in the science of civil law regarding the modernization of Russian civil legislation in the field of digital rights. The author emphasizes the positive nature of the appearance in the Russian law of norms on digital rights, as an indicator of a legislative response to the digitalization of the economy and law, and a necessary prerequisite for further regulation of civil law relations changing under its influence.

scholarly journals SOME ASPECTS OF THE PROTECTION OF CIVIL RIGHTS OF REAL ESTATE ASSOCIATIONS

2020 ◽  
pp. 168-185
Author(s):  
Anna V. Pushkina ◽  
◽  
Tatyana S. Sayapina ◽  
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Russian Federation ◽  
Civil Code ◽  
General Nature ◽  
Third Way ◽  
Legal Form ◽  
The Russian Federation ◽  
The Law ◽  
The Right

Today, consideration of ways to protect the civil rights of various subjects of civil law relations is of particular importance in civilist studies. One of the results of the reform of civil legislation on legal entities in 2014 was the emergence of a new legal form of organization -partnership of property owners. Therefore, it is important to consider in detail the main ways to protect the civil rights of this legal entity. It is not possible to consider all ways of protecting civil rights in one article. In this con-nection, only some of the most common methods of protecting the civil rights of real estate partnerships have been investigated, namely: recognition of the right; restoration of the posi-tion that existed before the violation of the right and suppression of actions that violate the right or threaten to violate it; invalidation of the transaction and application of the consequences of its invalidity, application of the consequences of a void transaction. The method of protection, such as recognition of the right, is often used by real estate as-sociations. And in this method, both an application for recognition of a right to be present and an application for recognition of a right to be absent are possible. The question of the applica-bility of the statute of limitations to this method is a matter of discussion. It seems that in most cases it is possible to apply the statute of limitations to claims for recognition of a right. The general nature of this method was revealed by examining the restoration of the situa-tion that existed before the violation of the right and the prevention of actions that violate the right or threaten to violate it. Usually, when such demands are made, the courts ask to specify them. And only in rare cases where no other protective measures are applied, do the courts allow for the possibility of submitting a direct request to restore the situation that existed be-fore the violation of the right. The third way of protecting the civil rights of property associations was significantly changed in 2013. Thus, the rule of Article 168 of the Civil Code of the Russian Federation on the nullity of a transaction that does not comply with the law has been fundamentally re-formed, unless the law establishes other consequences. Such a transaction is now considered void. The possibility of claims for invalidation of a void transaction has also been established by law. Previously, the courts allowed such claims, but in the doctrine the question of the possibility of such claims was debatable, since the Civil Code of the Russian Federation did not mention them.

Recognition As a Legal Fact in Civil Law

Legal Concept ◽  
2021 ◽  
pp. 153-159
Author(s):  
Anatoly Ryzhenkov ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Legal Decision ◽  
The Past ◽  
Comparison Results ◽  
The Russian Federation ◽  
Legal Fact ◽  
Legal Consequences

Introduction: the concept of recognition in civil studies is most often identified with one of the methods of protecting civil rights, which is specified among others in Article 12 of the Civil Code of the Russian Federation. At the same time, the protection of civil rights under the norms of Chapter 2 of Part 1of the Civil Code of the Russian Federation does not imply such purely factual actions that would not create legal consequences, which would contradict the very existence of their legislative consolidation. The purpose of the study is to reveal the concept and legal consequences of recognition as a legal fact in civil law. Tasks: to correlate recognition as a method of protection and as a legal fact; to determine the types, conditions, and subjects of recognition; to reveal the mechanism of connection between recognition and its legal consequences. Methods: system, logic, analysis, synthesis, comparison. Results: recognition as a legal fact in civil law can be defined as follows: it is a public-legal decision of a body with authority on the existence of a legally significant circumstance, either that took place in the past, or that arises as a result of this decision. Recognition is not a legal requirement, since it does not in itself oblige the subjects of legal relations to perform or not perform any actions. Conclusions: the mechanism of connection of recognition with its legal consequences is characterized by the fact that it most often acts as an element of a complex set of facts. Recognition is nothing more than the addition of an imperious authority to the already existing conditions for the emergence, modification or termination of legal relations in order to eliminate the uncertainty associated with them.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

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.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

scholarly journals Security Measures and Liability Measures in Loan Agreements

2019 ◽  
Vol 12 (5) ◽  
pp. 1
Author(s):  
Artur Ilfarovich Khabirov ◽  
Gulnara Mullanurovna Khamitova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Security Measures ◽  
The Russian Federation ◽  
Rights And Interests

The Civil Code of the Russian Federation regulates the use of various measures to protect violated rights and interests: first, these include universal methods for protecting civil rights (article 12 of the Civil Code); second, these include provisions of Chapter 25 of the Civil Code regarding the liability for violating one's obligations; both of them jointly comprising the institution of protection of civil rights. This article studies the issue of consequences for violating a party's duties under a loan agreement. The article differentiates safeguarding measures and liability measures to be used in case of an offense. The article also makes a conclusion regarding whether such differentiation is appropriate. Based on such differentiation, we analyze Paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation.

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