Commercial law. Sources of commercial law of the Russian Federation (lecture notes)

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Commercial law. Sources of commercial law of the Russian Federation (lecture notes)

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LECTURE No. 6. Sources of commercial law of the Russian Federation

Source of law - a normative act containing legal norms that regulate social relations. In the Russian Federation, a large number of regulations have been adopted that regulate the relations of participants in the trade turnover. Commercial legislation is a set of normative acts that contain the norms of various branches of law that regulate entrepreneurial activity.

According to the legal force, the sources of commercial law are divided as follows:

1) the Constitution of the Russian Federation;

2) Federal laws;

3) by-laws;

4) laws and other acts of subjects of the Russian Federation;

5) normative legal acts of the USSR, which continue to operate in the part in which they do not contradict modern legislation;

6) international treaties in force in the Russian Federation.

The Constitution of the Russian Federation is the basis for any branch of law, defines the fundamental provisions and fundamental principles of commercial law. It:

1) the unity of the economic space on the territory of Russia;

2) freedom of entrepreneurial and other economic activities;

3) free movement of goods, services and financial resources;

4) support for competition;

5) fixing the right of private property on a par with other forms of ownership;

6) free use of abilities for work;

7) the right of citizens to judicial protection of violated rights, etc.

The Civil Code of the Russian Federation contains a number of norms that are universal for both civil and commercial law. The Civil Code of the Russian Federation establishes the basic principles of commercial relations. Along with the Civil Code of the Russian Federation, acts regulating the activities of transport in regulating trade turnover have an important role:

1) The Charter of Road Transport of the RSFSR, approved by the Decree of the Council of Ministers of the RSFSR of January 8, 1969 No. 12 "On Approval of the Charter of Road Transport of the RSFSR";

2) Air Code of the Russian Federation dated March 19, 1997 No. 60-FZ (VK RF);

3) Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ (KTMRF);

4) Code of Inland Water Transport of the Russian Federation dated March 7, 2001 No. 24-FZ (KVVT RF);

5) Federal Law of January 10, 2003 No. 18-FZ "Charter of Railway Transport of the Russian Federation".

In the field of commercial law, examples of the following federal laws are:

1) Law of the Russian Federation "On Protection of Consumer Rights". It guarantees the basic rights of consumers of goods and ways to protect these rights; regulates relations arising between consumers and manufacturers, sellers in the sale of goods; establishes the rights of consumers to purchase goods of adequate quality and safe for life and health of consumers; regulates the receipt of information about goods and their manufacturers; determines the mechanism for the implementation of these rights;

2) Federal Law "On Protection of Competition". It defines the organizational and legal framework for the protection of competition, including the prevention and suppression of:

a) monopolistic activity and unfair competition;

b) prevention, restriction, elimination of competition. The goals of this law are to ensure the unity of the economic space, the free movement of goods, the freedom of economic activity in the Russian Federation, the protection of competition and the creation of conditions for the effective functioning of commodity markets;

3) Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation". This law obliges container manufacturers to provide requirements that meet safety and high quality; it also obliges manufacturers of a number of goods to certify their products;

4) Law of the Russian Federation of February 20, 1992 No. 2383-1 "On commodity exchanges and exchange trading";

5) Law of the Russian Federation of July 7, 1993 No. 5340-1 "On Chambers of Commerce and Industry in the Russian Federation";

6) Law of the Russian Federation of September 23, 1992 No. 3520-1 "On Trademarks, Service Marks and Appellations of Origin";

7) a number of other laws.

By-laws include:

1) Decrees of the President of the Russian Federation, supplementing the laws if there are gaps in them;

2) Decrees of the Government of the Russian Federation adopted for the development and implementation of laws;

3) state standards for products, works, services, construction projects established by the State Standard and other competent authorities;

4) acts of ministries and departments aimed at the implementation of laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation.

In the Russian Federation, the normative acts of the former USSR continue to operate:

1) Instructions on the procedure for accepting products for industrial purposes and consumer goods by quantity, approved by the Decree of the State Arbitration Court under the Council of Ministers of the USSR dated June 15, 1965 No. P-6;

2) Instructions on the procedure for accepting products for industrial purposes and consumer goods in terms of quality, approved by the Decree of the State Arbitration Court under the Council of Ministers of the USSR dated April 25, 1966 No. P-7, etc.

The most important international documents in the field of commercial law are:

1) UN Vienna Convention of 1980 on contracts for the international sale of goods;

2) The Hague Convention of 1986 on the law applicable to contracts for the international sale;

3) other documents.

Subjects of the Russian Federation, within the limits of their competence, may issue normative acts in the sphere of regulation of commodity circulation, which cannot contradict federal legislation.

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