Commercial law. Development of commercial law in Russia (lecture notes)

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Commercial law. Development of commercial law in Russia (lecture notes)

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LECTURE No. 5. Development of commercial law in Russia

The formation and development of commercial law in Russia passed through the main stages associated with the historical development of the Russian state:

1) pre-revolutionary stage;

2) the Soviet stage;

3) post-Soviet (modern) stage.

Until 1917, trade relations in Russia were regulated by various legislative acts of civil law, and there was never an independent commercial code. In the pre-revolutionary stage of development of commercial law, two main periods are distinguished.

1. The origin of Russian commercial law took place in the middle of the XNUMXth century. At this time the following have been adopted:

1) Cathedral Code of 1649;

2) the Trade Charter of 1653;

3) New Trade Charter of 1667

A special chapter of the Code of 1649 was devoted to cities. Privately owned "white" settlements in the cities were transferred from the hands of the feudal lords "in the sovereign's name." The townspeople received the right to monopoly trade in the cities, the constant (in shops) peasant trade in the cities was prohibited. The trade charter of 1653 established a single sales tax. In 1667, the New Trade Charter streamlined the issues of foreign trade. According to this Charter, foreign merchants were banned from retail trade in Russian markets, which was not enough to ensure the economic independence of the country. It was necessary to actively conduct foreign trade, and for this it was necessary to master access to the sea coast.

2. The origin of Russian capitalist commercial law took place at the end of the 1887th - beginning of the 1903th centuries. In 1903, the Trade Charter was adopted, and in XNUMX, when it became necessary to streamline the trading activities of various companies, it was revised. In XNUMX, the Charter of Commercial Litigation was adopted, which determined the procedure for the creation and operation of commercial courts that resolved all disputes related to trade turnover.

A feature of the Soviet stage from 1917 to 1991. was that the Soviet state abandoned commercial law in its global sense. In 1917, all the previous Charters that regulated the procedure for trade turnover became invalid. In the Soviet period, when the economy was completely state-owned, the idea arose to create such a commercial law that would combine administrative-legal and property-value elements. The market itself in the Soviet Union was replaced by a planned economic system, therefore, commercial (trade) law became irrelevant and did not develop.

In modern Russia, since 1991, trade (commercial) law began to develop anew. The formation of commercial law in Russia takes place along with the formation and development of the commodity market. The commodity market infrastructure is still underdeveloped, and this, in turn, hinders the development of commercial law. At the same time, gaps and shortcomings in legal regulation hinder the development of commercial relations. As a result of all this, the development of commercial law in Russia is proceeding at a very slow pace.

Decree of the President of the Russian Federation No. 2171 dated December 16, 1993 "On the general legal classifier of branches of legislation" approved the General legal classifier of branches of legislation, where trade legislation is singled out.

Adopted in 1994-2001 The Civil Code of the Russian Federation (Civil Code of the Russian Federation) improves the regulation of property relations, however, many types of legal relations in the field of trade remain outside the regulation of the Civil Code of the Russian Federation. These are, for example, the organization of exchanges, the activities of intermediaries, the acceptance of products, the return of containers, etc. In the Russian Federation, the Law of the Russian Federation of February 7, 1992 No. manufacturer's side.

Currently, the formation of commercial law in Russia continues. In the second half of 2006, federal laws came into force: Federal Law No. 13-FZ of March 2006, 38 "On Advertising", Federal Law No. 26-FZ of July 2006, 135 "On Protection of Competition".

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