GK in accordance with which. What is regulated by the Civil Code of the Russian Federation? Associations and unions

Part one of the Civil Code was adopted State Duma October 21, 1994, signed by the President of Russia on November 30, 1994 and in accordance with the Federal Law "On the entry into force of part one of the Civil Code Russian Federation" entered into force on January 1, 1995.

Part one focuses general provisions civil law (section I), which have universal significance for the application and effective use of all other norms and institutions of civil law - the basic provisions of civil law, norms about persons, about objects civil rights, about transactions and representation, about deadlines.

Section II of the Code is devoted to property rights and other property rights. Its main content was the norms that restored and developed the institution of private property, as well as reforming relations between state and municipal property.

Section III includes the general part of the law of obligations.

Today it is useful to recall that back then, back in 1994, when part one of the Code was adopted, an attempt was made, quite justified in a state with a market economy, to include Civil code basic, fundamental rules on property rights and other property rights to land. Unfortunately, the political situation in the country delayed the implementation of these important regulations for more than six years. Over the years, more than one comprehensive codification of legislation on natural resources has been carried out, during the implementation of which they sometimes forgot that the rules governing property relations regarding land and other natural resources, are the norms of civil law. As a result, even today we do not have a well-thought-out, clear system of these norms.

Part two of the Civil Code was adopted by the State Duma on December 22, 1995 and signed by the President on January 26, 1996. According to the Federal Law “On the entry into force of part two of the Civil Code of the Russian Federation,” this part of the Code came into force on March 1, 1996.

It regulates certain types of contracts and non-contractual obligations - purchase and sale, rent, contract, loan and credit, storage, insurance, trust management of property, obligations due to harm and other obligations. In Part Two, for almost the first time, such areas of commercial relations as real estate transactions, including with enterprises as property complexes, a financial lease agreement (leasing), a financing agreement for the assignment of a monetary claim (factoring), an agreement commercial concession(franchising), property trust management agreement, permanent and life annuity etc.

Independent legal regulation was found in part two of the obligation to paid provision services, transport expedition, contracts for research, development and technological work, bank account and bank deposit agreements, loan agreement, actions in someone else's interest without instructions. In order to assess the significance of Part Two of the Civil Code, it is useful to compare it simply by the number of types of contracts regulated in it with the Civil Codes of the RSFSR of 1922 and 1964.

In the first of them there were less than 10 such contracts, in the second - about 20, and in part two of the new Code, lawyers count up to 100 types and subtypes of civil law contracts. Thus, part two of the Civil Code essentially created a new contract law that corresponds to the modern economic situation, ramified, detailed and radically different from the contract law of the period of the planned economy.

Part three of the Civil Code was adopted by the State Duma on November 1, 2001, approved by the Federation Council on November 14, 2001 and signed by the President on November 26, 2001. Federal Law of November 26, 2001 N 147-FZ "On the implementation of part three of the Civil Code" Code of the Russian Federation" it came into force on March 1, 2002.

Part three of the Civil Code of the Russian Federation includes two sections: section V “Inheritance Law” and section VI “Private International Law”.

Taking into account market relations, the rules on inheritance in the Civil Code have undergone serious changes. This affected, first of all, the forms of the will. In addition to the previously known notarized wills and wills equated to notarized ones, part three provides for the possibility of drawing up closed wills, and in exceptional cases - wills in simple written form. Unlike the previous legislation, which established only two lines of heirs, part three provides for eight lines of heirs by law. We have thus returned to the circle of legal heirs that existed in pre-revolutionary Russia. I would like to hope that this step will also help strengthen the family. Expanding the range of objects that can be transferred in the order of hereditary succession required the inclusion in the Civil Code of more detailed rules regarding the protection and management of inheritance, and the removal of legislative restrictions on the types of property that can be inherited. Required the creation of rules regulating the inheritance of an enterprise, shares, shares in authorized capitals legal entities, property of a member of a peasant (farm) enterprise, land plot, unpaid amounts wages, pensions, benefits, payments for damages and a number of others.

Section VI of the Civil Code is devoted to the regulation of civil law relations complicated by a foreign element. The first, very small set of norms of our private international law (only eight articles) appeared in the Fundamentals of Civil Legislation of 1961.

What we now have in Section VI of the Civil Code is a codification of the norms of private international law, which is quite comparable in the number of rules it covers and, most importantly, in their quality, with the best codifications of private international law, such as the Law on Private International Law "Switzerland (1987) or the Introductory Law to the German Civil Code, which was created over a long period of time (1896, 1986, 1999).

It is especially important that in Section VI a whole chapter has appeared containing general rules of private international law, which are directly related to those special rules in this area of ​​legislation that are in our Family Code, in Russian Code merchant shipping and other laws. These are rules on the qualification of legal concepts when determining the applicable law, on the application of the law of a country with plurality legal systems, on reciprocity, return, establishment of the content of norms of foreign law.

The novelties of this section are the provisions on “personal law” individual, taking into account, among other things, the factor dual citizenship, on the “personal law” of a legal entity - expanding the possibilities for the parties to a legal relationship to choose the applicable law. Among the new conflict of laws rules It is possible to include rules that apply to contracts with the participation of a consumer, to the assignment of claims by agreement of the parties, to obligations from unilateral transactions, to interest on monetary obligations, to liability for damage caused due to defects in goods, work or services, to obligations arising as a result of unfair competition.

The importance that our country attaches to the creation and codification of civil legislation is evidenced, in particular, by the fact that the drafts of all parts of the Civil Code were developed on the direct instructions of the President of the Russian Federation and his Administration and each of them was submitted to the State Duma by the President. This circumstance, however, not only did not exclude, but did not even reduce the intensity of serious discussions, as a result of which, during the passage of projects in the State Duma, both individual provisions, articles, and entire chapters appeared or were excluded.

In particular, in this regard, I would like to dwell on the adoption of part four of the Civil Code, dedicated to the rights to results intellectual activity and on means of individualization. Meaning legal regulation relations in the field intellectual property for Russia it is difficult to overestimate. Proper legal regulation in this area is significant both from the point of view of diversification of production and from the point of view of transferring the center of gravity of exports from the zone of hydrocarbon raw materials to the zone of high technologies, high-tech products and intellectual property products. Without a doubt, solving problems in the field of protecting intellectual property rights is also intended to contribute to the growth of the international authority of the Russian Federation and improve the investment attractiveness of the country. In this regard, the introduction in July 2006 to the State Duma by the President of Russia V.V. Putin can characterize the draft part four of the Civil Code as a more than timely step, taking into account the process of the Russian Federation’s accession to the World Trade Organization (WTO).

The need to codify the rules governing property and other relations in the field of intellectual property was assumed from the very beginning of the work on preparing the Civil Code, i.e. back in 1992. But for a number of reasons, including due to the expansion of the content of the Civil Code and an increase in its volume, the deadline for completing this task was repeatedly postponed. The adoption of part four of the Civil Code completed the codification of domestic civil legislation, which lasted 12 years and became one of the most important events both in the field of law in general and in the field of regulation of economic relations.

The codification of legislation in this situation made it possible to achieve greater internal consistency and clarity of this young and, admittedly, rapidly developing area of ​​legal regulation, and ensured the harmonization of rules on intellectual property with the general provisions of civil legislation. Uniformity and full legal regulation of civil circulation of this large and important group of intangible values, to a certain extent, solved the problem of saving legislative funds.

The significance of Part Four of the Civil Code is quite great both from the point of view of completing codification work and from the point of view of protecting the intellectual potential of the country - the interests of authors, inventors, performers, breeders, other copyright holders, as well as the legal position of Russia in the international arena. In the course of work on the draft of part four of the Russian Civil Code, more complete and precise compliance of national legislation with the existing international obligations of the Russian Federation was achieved. The prospect of our participation in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the so-called TRIPS Agreement) was also taken into account. This is dictated by Russia’s accession to the World Trade Organization and its likely accession to the treaties of the World Intellectual Property Organization, primarily the Copyright Treaty of 1996. The norms of part four of the Russian Civil Code are harmonized in general and with the law of the European Union. At the same time, during the work on part four - and this is very important - the continuity of legal regulation of relations in the field of intellectual rights, the bulk of the provisions of the laws in force in this area, those of their legal structures that recent years- and this is about 15 years - tested by time and law enforcement practice. At the same time, naturally, measures have been taken to ensure that in part four of the Civil Code, unjustified discrepancies and direct contradictions between the norms of six previously adopted Laws on certain types of intellectual property are eliminated and the fragmented, disparate regulation of these relations in different laws is replaced by a single legal field.

But the most important and fundamentally new thing for this branch of civil legislation was that in part four of the Civil Code it was built on the basis of a single concept of exclusive rights and found unity in the provisions common to it formulated for the first time in the law. As you know, the structure of part four of the Civil Code includes general provisions - norms that apply to all types of results of intellectual activity and means of individualization or to a significant number of their types.

Complete codification of the rules on intellectual property rights within the Civil Code of Russia has made it possible to better correlate and coordinate these rules with the general rules of civil law, as well as to unify the terminology used in the field of intellectual property. The comprehensive codification of these norms in one law is also aimed against the often negative departmental influence on legislation in this area, in particular in that part that concerns the registration of objects patent law, means of individualization.

The main novelties of part four of the Civil Code of Russia can be characterized as follows.

In part four, taking into account the changes made simultaneously in connection with this and in part one of the Civil Code, Russian legislation has definitely abandoned the use of the concept and term “intellectual property” as a conditional, collective designation of subjective civil rights to the results of intellectual activity and means of individualization. Article 1226 introduces for this purpose a new term for the domestic legal order, “intellectual rights,” which covers personal non-property, exclusive (property) and other rights. At the same time, the experience of other countries is also taken into account, in particular Austria, Denmark, Norway, the USA, Germany, Switzerland, Sweden, Japan, whose legislation abandons the proprietary construction of rights to these objects and the terms “intellectual property”, “industrial property”, “ literary property" but uses the construction of exclusive rights.

Much attention is paid to the characteristics and regulation of the two main agreements, with the help of which the circulation of rights to intellectual property objects should be carried out. This is an agreement on the alienation of the corresponding exclusive right and license agreement. The Code regulates in detail the use of the results of intellectual activity that are associated with the performance of an official assignment or the performance of work under a contract. This is an area of ​​relations that usually raises many questions in practice, including, by the way, this also applies to work under a government contract.

Since the adoption of the laws of 1992 - 1993. A lot of time has passed, and a real need has arisen to significantly expand the range of types of intellectual property subject to legal protection. The corresponding additions have been recognized as necessary and have already been made in the laws of many countries - countries of the European Union and others. First of all, they concern the rights of the database manufacturer to the materials that make up this database. The Civil Code's recognition of such a right is intended to encourage the creation of expensive databases and protect them from content theft. The Code also recognizes the exclusive right of the person who first published a work of science, literature or art that is already in the public domain and not protected by copyright. Thus, part four of the Civil Code expands the range of related rights.

A separate chapter of the Code is devoted to the so-called know-how, or production secrets. The regulation of relevant relations was fragmentarily present in Russian legislation earlier, but complete and systematic regulation of relations related to trade secrets is being introduced for the first time in part four of the Civil Code.

The legislative norms relating to the company name have undergone significant clarifications. And another one arose, similar to the right to a company name, but a fundamentally different right - the right to a commercial designation. Before this, such an institution was absent in our legislation, however, the need for it is based on the Paris Convention for the Protection of Industrial Property of 1883, and this concept itself was already mentioned in earlier sections of the Civil Code, in Chapter. 54, which regulates relations under a commercial concession agreement.

In a market economy, the results of intellectual activity become the subject of intensive circulation. This sphere of civil circulation affects the economy, science, art, information, and very sensitively the interests of the author, copyright rights. Proper regulation and effective protection the rights of citizens - creators of relevant intellectual products are the most important goal of intellectual property legislation. Part four of the Civil Code is based on the traditional understanding of the right to the result of intellectual activity in domestic civil legislation as a right that initially arises only from the author himself, and can be transferred to other persons either by agreement (this is the most common procedure) or on other grounds that expressly provided for by law. This provision is one of the principal and fundamental rules ensuring the protection of the rights of authors.

Along with measures to strengthen the protection of the property rights of authors, the Code also provides for measures aimed at protecting their personal non-property rights, in particular, the previous, well-known Russian legislation for many years approach to the author's right to the integrity of a work. In its content, this right is broader than the right to protect the author’s reputation enshrined in the 1993 Law “On Copyright and Related Rights”, and to a greater extent protects the interests of the creator of the work. The Civil Code also provides for the procedure for introducing changes, abbreviations and additions to the work by the heirs or other legal successors of the author, as well as the procedure for publishing the work after the death of the author.

A number of provisions in Part Four of the Civil Code are aimed at protecting exclusive and other intellectual rights, including from violations expressed in the creation of counterfeit material media - copies of works, goods, labels, etc. The Code reproduces all civil sanctions for violation of these rights provided for by previously existing legislation, and, in addition, introduces the concept of so-called gross violations of exclusive rights. As a sanction for them, the possibility of liquidating the legal entity itself or terminating its activities is provided individual entrepreneur who committed such violations. This is a fairly harsh sanction.

Part four of the Civil Code comes into force on January 1, 2008 - more than a year from the date of its publication, as provided for in Article 1 of the Federal Law “On the entry into force of part four of the Civil Code of the Russian Federation”. Therefore, copyright holders, users, and law enforcers had enough time to familiarize themselves with its novelties.

One more significant event needs to be noted. The entry into force of Part Four of the Civil Code entails the complete termination of the Civil Code of the RSFSR of 1964. Its legal life, naturally, ends here.

General characteristics of the Civil Code of the Russian Federation

Civil Code of the Russian Federation (Civil Code of Russia) - code federal laws of the Russian Federation, regulating civil law relations. The Civil Code has priority over other federal laws and other regulatory legal acts in the field of civil law.

The Russian Civil Code consists of 77 chapters of 1,551 articles and is divided into four parts.

Part one

Section I. General provisions (Articles 1-208)

Section II. Ownership and other real rights (Articles 209-306)

Section III. General part of the law of obligations (Articles 307-453)

Part two

Section IV. Certain types of obligations (Articles 454-1109)

Part three

Section V. Law of Inheritance (Articles 1110-1185)

Section VI. Private international law (Articles 1186-1224)

Part four

Section VII. Rights to the results of intellectual activity and means of individualization (Articles 1225-1551)

The first part of the Code includes three sections:

1. General provisions: basic provisions; faces; objects of civil rights; transactions and representation; deadlines, limitation periods.

2. Ownership and other property rights.

3. General part of the law of obligations: general provisions on obligations; general provisions of the contract.

The norms contained in these sections determine the legal status of citizens and legal entities, including individual entrepreneurs, business partnerships and societies and other participants in economic turnover; establish the legal regime of the property they own; provide for requirements for securities; establish general rules on transactions and representation; contain general provisions on obligations and contracts.

The Civil Code of the Russian Federation provides for the introduction of new organizational and legal forms of legal entities participating in economic turnover. Legal entities as subjects of civil law are divided into commercial and non-profit organizations. Moreover, unlike non-profit ones, the list of organizational and legal forms of commercial organizations is established by the Civil Code as exhaustive. They are created only in the form of business partnerships and societies, production cooperatives, state and municipal unitary enterprises. Non-profit organizations are created in the form of consumer cooperatives, public or religious organizations (associations), institutions, charitable and other funds, as well as in other forms provided by law.

A significant part of the Code is devoted to property rights and other property rights. Following Art. 8 of the Constitution of the Russian Federation, the Civil Code recognizes and protects equally private, state, municipal and other forms of property. Property may be owned by citizens and legal entities, as well as the Russian Federation, its constituent entities and municipalities.

With the inclusion of land in economic circulation, it became necessary to subordinate the rights to land and transactions with it to the general provisions of civil legislation and to establish, within the framework of these provisions, the specifics of ownership, use and disposal land plots- Ch. 17 Civil Code of the Russian Federation. This chapter has now been put into effect.

In Section 3 of the Code “General Part of the Law of Obligations”, in comparison with previously existing legislation, the general provisions on obligations and contracts are significantly developed and detailed. The system of civil law contracts was significantly improved, corresponding to market relations. It replaced the previous system of economic contracts, the terms of which were predetermined by planned targets and regulated in detail by the state. This made it possible to effectively regulate relations according to specific types agreements even before the adoption of the second part of the Civil Code of the Russian Federation.

The Code contains detailed regulation of various ways to ensure the fulfillment of obligations. In addition to the fairly traditional ones (penalty, guarantee, deposit, etc.), new ways of securing obligations are provided: retention of the debtor’s property and a bank guarantee.

The Civil Code of the Russian Federation strengthens liability for violation of obligations in the field of entrepreneurship. Here it occurs not only for a guilty person, but also for an accidental failure to fulfill an obligation. The entrepreneur is released from liability if he proves that proper fulfillment of the obligation was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under given conditions.

The provisions of Part 2 of the Civil Code of the Russian Federation implement in specific legal relations those general principles and the beginnings, which are enshrined in its first part. It contains specific rules about certain types of contracts and non-contractual obligations. The second part of the Civil Code of the Russian Federation is its 4th section - “Certain types of obligations”. It consists of 31 chapters, which includes 656 articles. Each chapter contains rules on one of the typical contracts (purchase and sale, transportation, storage, insurance, etc.) or non-contractual obligations (public competition, obligations from causing harm, etc.). Essentially, the second part of the Civil Code of the Russian Federation forms a new law of obligations in Russia.

Part three of the Civil Code of the Russian Federation combines its two sections – the fifth and sixth. The fifth section - “Inheritance Law” contains rules that regulate inheritance relations, that is, relations in connection with the opening of an inheritance, protection, implementation and registration of inheritance rights. This section consists of 5 chapters and 76 articles. The Code does not change the grounds of inheritance, but they have changed places. The first place is occupied by inheritance by will, and the second by law. The Code provides detailed rules establishing the procedure for inheritance by will and law, acquisition of inheritance, as well as the peculiarities of inheritance of certain types of property. The Civil Code brings the rules on inheritance into line with modern market conditions of life in Russian society. For example, significant changes have been made to the procedure for drawing up and executing wills, the circle of legal heirs has been significantly expanded (to eight stages), etc.

The sixth section - “Private International Law” covers 3 chapters and 38 articles. In fact, this section includes conflict of laws rules. They make it possible to determine which state’s law should be applied to regulate civil law relations with the participation of foreign individuals or legal entities or complicated by another foreign element.

The fourth part of the Civil Code of the Russian Federation is aimed at regulating relations in the field of intellectual activity. It contains general provisions relating to all results of intellectual activity and means of individualization, and is intended to replace currently existing legislative acts in this area that regulate traditional rights to intellectual property.

“The Civil Code is a systematized unified legislative act, defining legal status participants in civil transactions, the grounds for the emergence and procedure for the exercise of property rights and other real rights, exclusive rights to the results of intellectual activity (intellectual property), governing contractual and other obligations, as well as other property and related personal non-property relations based on equality and autonomy will and property independence of their participants (individuals and legal entities, and in some cases - the state and municipalities). In the Russian Federation and other countries where there are no commercial codes, the Civil Code also regulates relations between persons carrying out entrepreneurial activity, or with their participation. The main source of civil law" Large legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukhareva. 2013..

The new civil code became the third in Russian history. The first civil code was adopted at the dawn of the Soviet state in 1922 during the NEP period, thus the Soviet government recognized the existence and functioning of commodity and money circulation in the country.

The second civil code was adopted in 1964; it reflected the essence of the existing state and social system, the characteristics of property relations and a planned economy.

And finally, the current civil code has become a response to the new Russian state on the ongoing fundamental changes in our society, the development of democracy, private property, entrepreneurship, practically leveling the role of the state in the economy, market freedom and competition.

The Russian Civil Code consists of 1,551 articles and is divided into four parts.

The first part of the Civil Code of the Russian Federation was adopted by the State Duma of the Russian Federation on October 21, 1994, and came into force on January 1, 1995. It established the general principles of civil legislation and regulated such types of social relations as: the emergence of civil rights and obligations, legal entity, transactions, contracts, limitation periods, etc.

The second part of the Civil Code was adopted on December 22, 1995 and came into force on March 1, 1996. Dedicated to obligations, established the rights and obligations of the parties in certain types of obligations.

Part three was adopted on November 1, 2001, and came into force on March 1, 2002. Two of its sections relate to inheritance and private international law.

Fourth, last part Civil Code of the Russian Federation, was adopted on November 24, 2006, came into force on January 1, 2008. Resolved issues copyright, intellectual property, rights to means of individualization.

Subsection 2. Persons

Chapter 3. Citizens (individuals)

Chapter 4. Legal entities

§ 1. Basic provisions

§ 2. Commercial corporate organizations

1. General provisions

about business partnerships and companies

2. General partnership

3. Partnership of Faith

3.1. Peasant (farm) economy

4. Limited liability company

5. Company with additional liability. — Lost power

6. Joint stock company

7. Subsidiaries and dependent companies. — Lost power

8. Production cooperatives

§ 3. Production cooperatives. — Lost power

§ 4. State and municipal unitary enterprises

§ 5. Non-profit organizations. — Lost power

§ 6. Non-profit corporate organizations

1. General provisions

about non-profit corporate organizations

2. Consumer cooperative

3. Public organizations

3.1. Social movements

4. Associations and unions

5. Real estate owners' associations

6. Cossack societies included in state register Cossack societies in the Russian Federation

7. Communities of indigenous peoples of the Russian Federation

8. Chambers of Lawyers

9. Lawyer formations that are legal entities

10. Notary chambers

§ 7. Non-profit unitary organizations

1. Funds

2. Institutions

3. Autonomous non-profit organizations

4. Religious organizations

Chapter 5. Participation of the Russian Federation, constituent entities of the Russian Federation, municipalities in relations regulated by civil legislation

Subsection 3. Objects of civil rights

Chapter 6. General provisions

Chapter 7. Securities

1. General provisions

§ 2. Documentary securities

§ 3. Uncertificated securities

Chapter 8. Intangible benefits and their protection

Subsection 4. Transactions. Meeting decisions. Representation

Chapter 9. Transactions

§ 1. Concept, types and form of transactions

§ 2. Invalidity of transactions

Chapter 9.1. Meeting decisions

Chapter 10. Representation. Power of attorney

Subsection 5. Deadlines. Limitation period

Chapter 11. Calculation of deadlines

Chapter 12. Limitation period

Section II. Ownership and other real rights

Chapter 13. General provisions

Chapter 14. Acquisition of ownership rights

Chapter 15. Termination of ownership rights

Chapter 16. Common property

Chapter 17. Ownership and other proprietary rights to land

Chapter 18. Ownership and other proprietary rights to residential premises

Chapter 19. The right of economic management, the right of operational management

Chapter 20. Protection of property rights and other property rights

Section III. General part of the law of obligations

Subsection

1. General provisions

about obligations

Chapter 21. The concept of obligation

This is the most important normative act, operating on the territory of the Russian Federation. It is this document that consolidates civil legal relations. The history of creation and content will be discussed in detail in this article.

On the adoption of the Civil Code of the Russian Federation

On October 21, 1994, the first version was formed and adopted by the State Duma. In the same year, it received approval from the upper house of the Federal Assembly and the President, who signed the document on November 30, 1994. The first edition of the Civil Code came into force in 1995. After this, the normative act in question was repeatedly amended and modernized: in 1996, 2002 and 2008.

It is worth telling a little more about the reform of the Civil Code carried out on July 18, 2008. It was then that the head of state signed Decree No. 1108, which indicated the following goals for improving the document:

  • continuation of the development processes of the principles established by the Civil Code of the Russian Federation, corresponding to the level of constant modernization of market relations;
  • reflection in the document of the experience of its interpretation and application by the courts;
  • bringing the provisions of the Code closer to the norms of the European Union;
  • the use in the Civil Code of the Russian Federation of norms enshrined in the codes of European countries;
  • reflection of support in the Civil Code of the Russian Federation for CIS member countries.

In the fall of 2010, all the presented changes were introduced into the Civil Code.

Part I of the Civil Code of the Russian Federation: general characteristics

It is necessary to talk about the contents of the Civil Code. The document itself is divided into four parts, entered into the information bank in the form of separate documents. Part one of the Civil Code is a set of rules indicating the emergence of civil rights and obligations, the concepts of power of attorney, representation, legal entities, property rights, limitation period, securing transactions, property rights and much more. Simply put, the first volume of the normative act in question contains information about the so-called property law.

Section 1 of Part 1 of the Civil Code of the Russian Federation provides general provisions. Here we talk about physical and legal entities, about types of transactions, as well as about the objects of such transactions. The second part covers ownership in a little more detail. Here are the rules for its acquisition, as well as the most important element of any property rights- about obligation. Since property rights are formalized by law, the document provides rules in accordance with which special agreements should be formed.

Part II of the Civil Code of the Russian Federation

The second volume of the Russian Civil Code establishes the rules according to which the obligations and powers of the parties entering into agreements are established. civil contracts. Most of the norms enshrined here are dispositive, that is, free. Here are the types of obligations worth highlighting:

  • buying and selling processes;
  • barter agreement;
  • donation;
  • annuity and life support processes with dependency;
  • conclusion of a lease agreement;
  • rental of residential premises;
  • use free of charge;
  • conclusion of a contract;
  • provision of services on a reimbursable basis;
  • transportation;
  • loans and borrowings;
  • transport expeditions;
  • bank deposits and accounts;
  • storage and insurance processes;
  • commission, agency and property management on a trust basis;
  • holding competitions, games and bets;
  • compensation for harm.

Thus, the second part of the Civil Code is a kind of list of obligations under a particular agreement.

On inheritance: part III of the Civil Code of the Russian Federation

Inheritance is a very complex and extensive legal process that must be regulated by law. There are no federal laws establishing standards that relate to this process. All main provisions are presented in Section 5 of Part 3 of the Civil Code of the Russian Federation.

Chapter 62 of the normative act in question talks about inheritance by will, and the next chapter talks about inheritance in the manner prescribed by law. The remaining norms establish provisions on the legal acquisition of property and inheritance land plots, enterprises, farms, state awards and other “special” types of property.

On private international law: Part III of the Civil Code of the Russian Federation

Section 6, that is, the second half of Part III of the document under consideration, talks about the phenomenon. It regulates the legal status of foreign persons in the Russian Federation, resolves questions about concluding transactions with foreigners, and defines conflicts (contradictions) between national and international types of rights.

Section 6 of the Civil Code of the Russian Federation talks about the problems of transferring property to foreigners (Chapter 66 of the Civil Code, Art. 1188-1194), the procedure for implementing trade agreements, inheritance law at the international level and about many other phenomena that could arise when interacting with persons from other states.

Part four of the Civil Code of the Russian Federation

What does the last volume of the document in question say? It contains rules and regulations that regulate related and copyright issues, intellectual property issues, exclusive rights for works, inventions, etc. In short, Part IV of the Civil Code is a collection of rules on property, mainly of an intangible nature. So, here it is worth highlighting the rights:

  • to the soundtrack;
  • cable and terrestrial broadcasting;
  • production of an information database;
  • creation and publication of works of art, science and literature;
  • obtaining and registering a patent;
  • carrying out selection work;
  • topology of integrated circuits;
  • know-how;
  • individualization of work, etc.

The latter came into force in 2008.

On at the moment a version of the document has been prepared, which should come into force in the near future. What changes are reflected here? It is worth noting that the new provisions are practically no different from those that were added to the document in 2008. We are still talking about cooperation with foreign countries, about the principles of combining modernization and stability, about borrowing European experience, etc.

The concept of the Civil Procedure Code

The character should not be confused with the one described above. This document is a source of rules and regulations that are applied when considering and resolving civil cases by courts general jurisdiction RF. Simply put, the Code of Civil Procedure establishes the rules for conducting the trial itself.

The Code of Civil Procedure of the Russian Federation was adopted in 2002 by the parliament and the president, and in 2003 the document came into force. At the moment, the normative act is quite often subject to the introduction of changes and additions, as a result of which the preconditions for instability and inconsistency are created. However, it is worth illustrating the contents of the document.

The document consists of seven sections and 47 chapters. The first part provides the main legal provisions: concepts, goals of the law, objectives, legal status of the relevant persons, etc. The second and third sections establish the proceedings in the courts of the first and second (appeal) instances.

The fourth section talks about the review of cases by way of cassation (when the court ruling has already entered into legal force), and the fifth section talks about the presence foreign citizens. The last two chapters establish the rules on arbitration courts and decisions of bodies other than the judiciary.



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