Jurisprudence. Cheat sheet: briefly, the most important

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Jurisprudence. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents

The concept of the science of jurisprudence, its subject and methods
The concept of the state. Its features and functions
The emergence of the state. theories
Forms of state, main form of government
Forms of government
state mechanism. State authorities of the Russian Federation
The concept of law, its meaning, features, functions
Principles of law
The origin of law, the relationship of law with the state
Sources of law
Regulations
Law
Regulations. Legal conflicts
Rule of law
The structure of the rule of law
Legal Classification
Law and morality
Interpretation of law
Lawful Conduct
Systematization of legislation. legal consciousness
Legal culture and legal education
Offense
Legal liability. Kinds
The main legal systems of modern times
System of law, legal system of Russia
The Constitution of the Russian Federation is the fundamental law of the state
Federal structure of Russia
The system of public authorities of the Russian Federation
Electoral rights of citizens of the Russian Federation
Rights and freedoms of the individual in the Russian Federation
Restriction of the rights and freedoms of the individual
Law and order
Constitutional state
The concept of civil law
Individuals. Legal capacity. legal capacity
Entities
Creation, reorganization, liquidation of a legal entity
General provisions on obligations. Parties to the obligation
Execution of obligations
Liability for breach of obligations
Unilateral refusal to fulfill an obligation
The concept of a contract
The conclusion of the contract. General provisions
Mandatory signing of a contract
Change and termination of the contract
The concept and content of property rights
The emergence and termination of ownership
Ownership of individuals and legal entities
State and municipal property
Inheritance. Inheritance of property, its methods
Legacy Inheritance
testamentary succession
Extorted property
Family legislation of the Russian Federation
Legal regulation of property relations of spouses. Marriage contract
Legitimate Regulatory Regime
Family rights of the child
Property rights of the child
Branches of law
guardianship and guardianship
General provisions of labor law
The concept of an employment contract
Recruitment
Termination of an employment contract
Labor discipline
Land legislation
Participants and subjects of land legal relations
Forms of land rights. Own
Permanent (unlimited) use of land plots. Lifetime inheritable possession of land. Rent. easement
Fundamentals of the tax system of the Russian Federation. Sources of tax law
Taxes and fees
Tax offenses
Administrative law. Subjects
Administrative offense and administrative responsibility
The judicial system of the Russian Federation
Civil process
Arbitration process
Advocacy
Notarial activity
Criminal law: concept, subject, method, tasks, system
Principles of criminal law
Environmental law. Subject, object, sources
Environmental Safety
Responsibility for environmental offenses
The concept of a trade secret
Legislation of the Russian Federation on state secrets. List of information constituting a state secret
Protection of state secrets
International law. Correlation of the legal system of the Russian Federation and international law

1. The concept of the science of jurisprudence, its subject and methods

Jurisprudence - a science that is devoted to the study of issues related to the basics of human legal literacy. Its system consists of legal disciplines.

It considers all branches of law in a complex, makes a systematic analysis of their study.

This science considers the system of law as a whole, in the relationship of its various branches, it also allows you to understand the essence of law and the state, their emergence, development, as well as state-legal phenomena occurring in modern society. When studying jurisprudence, considerable attention is paid to understanding the basic legal concepts and terms (rule of law, legal fact, legal relations, etc.), their essence.

The subject of jurisprudence (which includes a list of issues that are studied and considered by this science) are:

1) a system of basic legal concepts;

2) the state as a socio-political phenomenon;

3) law as a socio-political phenomenon of public life;

4) the relationship between the state and law;

5) basic concepts and provisions of various branches of law.

Jurisprudence traditionally uses the following methods (a set of techniques and methods by which the subject of science is studied), which are based on the following provisions:

1. universal:

a) the state and law are those institutions that exist independently of the will and consciousness of a person;

b) the state and law are institutions that are in constant development;

2. general scientific a) analysis (dismemberment of the available material into its component parts and its study in parts);

b) synthesis (combining the constituent parts into a single whole and considering the existing problem in a complex);

c) a systematic approach (consideration of the material as a whole on the basis of the results of the synthesis in a complex and interconnection);

d) functional approach (the study of the functions of state-legal phenomena, their interaction and mutual influence).

3. private scientific:

a) a formal legal approach to the study of the subject, while giving the necessary definition, classifying them on the basis of the selected features, etc.;

b) comparative legal (by comparing, comparing the provisions of the legislation, comparing their requirements);

c) statistical (based on statistical information, quantitative indicators);

d) sociological (explores the opinion of society on issues of state structure, a specific legal problem).

Thus, jurisprudence as a science is interconnected with the system of legal sciences, explores general legal concepts, considers specific legal problems and forms an understanding of law in general.

2. The concept of the state. Its features and functions

State - this is a political organization of society (a stable union of individuals created to achieve a common interest, having a common goal, a common language, culture, way of life, territory), acting in a certain territory as a means expressing the interests of all sections of society, and a regulatory mechanism, control and suppression of society.

At the same time, the state is separated from society, acts on the basis of law and coercion in relation to all representatives of society, and coordinates the interests of individual sections of society.

Signs of the State:

1) the presence of a certain territory, borders on which its jurisdiction operates;

2) the population living on it;

3) political organization (authorities). The right to exercise state power belongs to a certain circle of persons through state authorities (the apparatus of the state for control and suppression). This is a system of bodies and organizations with the help of which society is managed (army, police, courts, prosecutors, etc.). A public authority is a link in the state apparatus involved in the implementation of specific state functions and endowed with appropriate powers;

4) sovereignty - the complete independence of the state from other states in its internal activities (internal sovereignty) and external relations (external sovereignty);

5) the right to carry out certain actions forcibly (for example, the collection of taxes, duties, etc. from individuals and legal entities). This right constitutes the material basis of the state;

6) the existence of a legal system and the right to carry out lawmaking.

Functions of the state (the main directions of its activity) are classified into:

1) internal (by solving a certain range of tasks related to the internal activities of the state). They are divided into:

a) protective (maintaining law and order in the state);

b) regulatory (social, tax, cultural functions - maintaining the necessary standard of living in society, collecting taxes, etc.).

2) external (for solving foreign policy tasks - the defense of the country, cooperation between states in the field of economy, culture, politics, etc.). It is provided with the help of the armed forces, participation in the activities of international organizations (for example, the UN). The bodies carrying out the foreign policy activities of the state are diplomatic institutions, international organizations, contacts of heads of states and their representatives.

3. Emergence of the state. theories

The emergence of the state is a complex long process, an evolution that began many thousands of years ago in various regions of the world.

The first states are Ancient Egypt, the states of Mesopotamia Sumer, Akkad, Assyria, Babylon, Ancient Rome and others.

The main theories of the emergence of the state:

1. Patriarchal theory (Aristotle). The state arose from an overgrown family. State power is the heir to patriarchal power, having received its rights from the natural order established by nature or God. The ruler acts for the benefit of his subjects, his power is not limited by anything.

2. Natural law theory or social contract theory (Montesquieu, Radishchev A.N.) She bases the state on a "social contract". That is, the state has become the result of the actions of representatives of human society to unite them, share responsibilities, and grant appropriate rights to a certain circle of people.

3. Theocratic (or theological) theory (F. Aquinas, Aurelius Augustine). It produces the state from direct divine revelation. The state appears to be a divine institution. As a result of divine providence, in addition to everything that exists on Earth, law, the state, and power were also created. There are two schools to be distinguished here:

1) the first derives the divine institution from the natural law. According to it, God initially hands over power to the people, who then transfers it to certain persons at his will; democracy is recognized as the only lawful device according to natural law;

2) others see the will of God in the subjugation of weak individuals by strong ones.

4. The theory of violence (K. Kautsky). The state was created as a result of internal (economic and political) and external violence (the conquest of one people by another). It exists to consolidate the power of the "strong" over the "weak".

5. Psychological (L. Petrazhitsky). The emergence of the state is connected and based on the properties of the human psyche. The reasons are in human nature.

6. Materialistic (class) theory (K. Marx, F. Engels, V. Lenin). The state arose as a result of economic development. The social division of labor (agriculture, cattle breeding, handicraft, trade) led to the emergence of a surplus product. The consequence of this was the emergence of private property and the division of society into classes. To regulate new relations in society, a state was created that reflects the interests of privileged persons.

4. Forms of the state, the main form of government

State shape - is a system of organization of state power, operating in the aggregate.

Elements:

1) the form of government (the system of organization of state bodies, the procedure for their formation, activities, competence);

2) form of government (territorial organization of the state with the appropriate distribution of powers between the central and regional levels of government). The main types of forms of government:

a) a unitary state;

b) federation;

c) a confederation.

3) political regime (methods of exercising state power, with the help of which the implementation of the functions of the state takes place). These include persuasion, coercion, encouragement, punishment.

Main forms of government:

1. monarchy - the supreme power in the country belongs to the ruler by right of inheritance for an unlimited period, for life. The monarchy as a form of government is present in the following states of different parts of the world: Great Britain, Sweden, Holland, Belgium (in Europe), Saudi Arabia, Japan (in Asia), Morocco (in Africa) and others. There are two types of monarchies:

1) absolute - the power of the monarch is not limited by anything (Saudi Arabia);

2) limited - simultaneously with the supreme ruler (monarch), an elected body (parliament) elected by the people controls the country. Formally, these countries proclaimed the separation of powers and powers. In fact, the monarch has a minimum of power and his functions are more symbolic, ceremonial in nature.

As an exception, we can say about such non-traditional forms of government as the monarchies of the countries of the United Arab Emirates (the country consists of 7 absolute monarchies - emirates, the supreme ruler of the whole country is elected among the monarchs for a five-year term), Malaysia.

2. republic - the most common form of government at the present time. Government bodies are elected by the population for a specific term. Types of republics:

1) presidential (USA, Russia). The President of the country, who is elected by the people, heads the government, is the supreme commander in chief, has the right to veto laws adopted by parliament, has the right to issue normative acts;

2) parliamentary (Italy, Germany). The main powers in governing the country belong to the parliament, the government is formed from among the parties that won the elections. The position of president in these countries, even if it is provided, is nominal;

3) mixed (France). The country has both a strong president and a strong parliament.

5. Forms of government

Form of government is a territorial organization, a structure of the state with an appropriate distribution of powers between the central and regional levels of government.

The main types of forms of government:

1. unitary state (Denmark, Portugal) - in states of this type, both the territory and the system of state power are common. The territory is divided only according to the administrative principle into units that do not have signs of state sovereignty. The country has one constitution, a single monetary system, as well as a system of legislation and public authorities. A variety of a unitary state are:

1) with autonomous entities (China - 5 autonomous regions; Spain - 17 autonomous communities and others);

2) with individual elements of federalism (sometimes this form of state-territorial structure is called "regionalist"). An example is Italy, 20 regions of which are divided into provinces, and in the regions there are elected bodies of power councils that carry out legislative, administrative and other functions.

2. federation - the union state, its constituent parts (subjects) and formations have the features of the state (there is a constitution and state authorities). At the same time, the authorities of the subjects of the federation are subordinate to the general federal authorities, which are also subordinate to the power structures (army, armed forces, police, etc.). Federation types:

1) territorial - in this case, large states are divided into parts according to the territorial principle. For example, the USA consists of 50 states and the District of Columbia; Mexico includes 31 states and the metropolitan federal district, etc.;

2) national - the division of the country took place on a national basis (based on the nationalities living in specific territories). This state-territorial structure is fragile. Yugoslavia is an example;

3) mixed (national-territorial) - the division of the country occurred both according to the national and territorial principles. For example, the Russian Federation (32 subjects were created according to the national principle, 57 subjects - according to the territorial principle).

In this case, it is necessary to pay attention to such a concept as confederation. It is a union of states (the difference from a federation is that a federation is a union state). The states that are part of the confederation have sovereignty, but they do not have their own power structures. That is, there is not only internal sovereignty, but also independence in foreign policy. Each state - a member of the confederation - has the right to withdraw from its composition. Traditionally, a confederation is formed for a short period of time and is transformed into other entities. For example, the Swiss Confederation (the official name of the country), according to the form of government, is currently a federal state.

6. The mechanism of the state. State authorities of the Russian Federation

State mechanism It is a single system of bodies through which the state exercises state power.

Mechanism signs states:

1) hierarchy - the construction of the state apparatus in the order of mutual subordination, higher authorities have more power, more powers than lower ones;

2) unity - with a difference in the powers of state bodies, they are all united by the presence of a common system;

3) single tasks - performance of the functions of the state;

4) the presence of public authorities that manage the society, while they are isolated from it, have power and are subordinated in the order of hierarchy to higher authorities.

The main element of the mechanism state is the presence of state authorities. Through them, government activities are carried out.

Signs of public authorities:

1) are created and act on behalf of the state;

2) act on the basis of laws;

3) perform the functions assigned to him depending on his competence;

4) endowed with power, his decisions are made on behalf of the state.

Depending on the level of activity, state authorities of the Russian Federation are divided into:

1) federal (President of the Russian Federation, Federal Assembly of the Russian Federation, Government of the Russian Federation, Constitutional Court of the Russian Federation, etc.)

2) bodies of the subjects of the Russian Federation (the structure and competence are determined directly by the subject of the Russian Federation).

According to the nature of the tasks, state authorities are divided into:

a) legislative bodies - they are elected by the population, have the right to adopt legislative acts;

b) executive authorities - are directly involved in the implementation of laws;

c) judicial authorities - administer justice in the country and have the right to apply consequences for violation of the law;

d) control authorities - carry out inspections of state bodies and officials for compliance of their activities with the current legislation.

The Constitution of the Russian Federation enshrined operating principles public authorities:

1) observance of the rights and freedoms of man and citizen;

2) democracy, that is, it is the people who have the right to vest specific authorities with power and appropriate powers;

3) federalism - the unity of the system of state power;

4) separation of powers - all branches of state power (legislative, executive, judicial, control) are independent of each other;

5) legality - obligatory observance by state bodies of all laws and other legal acts;

6) secularism - mutual non-interference of church and state in each other's affairs.

7. The concept of law, its meaning, features, functions

At a certain stage in the development of society in the human team, it becomes necessary to regulate social relations. This function is assigned to the law.

Concept of law ambiguous.

It is necessary to highlight the following meanings in which the interpretation of the term law is possible:

1) law is a set of rules of conduct generally binding on all members of society, formalized in the form of legal norms;

2) the right as an inalienable property of the individual, a subjective right (for example, constitutional rights - the right to work, the right to housing, etc.).

Thus, in the science of jurisprudence, law is considered as a set of generally binding norms established by the state that regulate social relations, expressed in official form and provided with state coercion.

The value of law is very great: it regulates relations in society in the spheres of economy, politics and other relations; protects the legitimate rights and interests of citizens. It is law that acts as the normative basis of law and order, the entire legal system of society.

Symptoms:

a) normativity, general character, obligatory nature, since through the application of law in society, uniform and permanent rules of conduct for all members of society are established;

b) formal certainty, since the law finds its expression in laws and other sources provided for by law. The right to publish them and control over their execution belongs to the state.

Functions of law correspond to the functions of the state. Based on this analogy, according to the first classification, economic, social, environmental and other functions can be distinguished.

If we proceed from the specific signs of law and ways of influencing social relations, then the following functions are distinguished:

1. Regulatory - is implemented through the consolidation of public relations in regulatory legal acts. But at the same time, freedom and organization of social relations are ensured;

The regulatory function of law is implemented in the following ways:

1) by fixing these relations in regulatory legal acts. Legal norms give a generally binding form to those relations that form the basis of the normal functioning of society;

2) by ensuring a high degree of freedom and organization of social relations, contributing to their continuous improvement and development.

2. Protective - it is focused on the protection of positive legal relations and the suppression of illegal behavior.

The protective function is implemented through the establishment of prohibitions on the commission of illegal acts.

8. Principles of law

Principles of law - these are the guiding principles that contain the essence of law.

Types of principles of law:

1) general - they define the essential features of law as a whole;

2) intersectoral - they contain common components of several related branches of law (for example, for criminal procedure and civil procedure law, one of these principles is the principle of publicity of the trial);

3) sectoral - the principles of a single branch of law. They characterize the most significant features of a particular branch of law. For example, the principle of criminal law is the principle of the inevitability of criminal punishment.

Basic principles:

1) equality of all before the law and the court, regardless of social status, financial condition, gender, attitude to religion, etc. That is, there should not be any privileges or, on the contrary, discrimination on the basis of these grounds;

2) legality - the legal norm must be implemented by all subjects of law, without exception;

3) social freedom - it is allowed to do everything that is not prohibited by law;

4) a combination of rights and duties - the right of one citizen can be realized through the duty of another citizen;

5) social justice - it allows you to achieve proportionality and correspondence between the possible and proper behavior of a person and the assessment of the results of his activities;

6) humanism - respect for the rights of the individual and his freedoms,

7) democracy - power belongs to the people, the people are the source of power, but at the same time it is realized through legal institutions,

8) a combination of natural (belonging to a person by nature the right to life, freedom) and positive (created or enshrined by the state) law,

9) liability for guilt - the consequence of a violation by the subject of law of a legal norm is the onset of legal liability established by law;

10) a combination of persuasion and coercion.

The last principle requires some specification. The combination of persuasion and coercion in law enforcement practice is called legal regulation. The method of persuasion is the main one, it is based on the good will of the subject of the legal relationship. These methods include legal education. It allows you to achieve results without the use of violence. In the case when a positive result cannot be achieved by measures of persuasion, it is necessary to apply a different method of influence, called coercion. The use of coercion is allowed in the procedural form established by law (for example, arrest, punishment, etc.). Legal regulation is a form of legal influence, carried out with the help of legal means.

9. Origin of law, the relationship of law with the state

Questions about the origin of law is controversial.

There are a number of theories related to these problems, namely:

1. Theory of Natural Law (T. Hobbes, J. Locke, A.N. Radishchev). Supporters of this theory singled out two independent terms: the law that exists independently of the state, has a natural character, and the law that is adopted by the state and artificially created by it. Since the right is given by nature, it combines all moral values, in fact, embodies morality. Thus, the adherents of this theory opposed natural law to positive law, giving preference to the first.

2. historical school (G. Hugo, K. Savigny). According to this theory, law arose on its own and also develops independently, independently of the state. Laws adopted by state bodies only formalize the established practice and customs.

3. Normativist theory of law (Stammer, Novgorodtsev). Law is a certain hierarchy of norms, which is based on the "sovereign norm", and then other normative acts follow as their significance decreases. That is, the legal system consists of codified legal norms, regardless of philosophy, religion, morality.

4. Psychological theory of law (L.I. Petrazhitsky, G.Tard). The founders of this theory proceed from the fact that the reason for the emergence of law is in the human psyche. Rights arose from a person's desire to get the authority to do something, and duties - from a psychological sense of responsibility to do something.

5. Sociological theory of law (E. Erlich, G. Kantorovich). Supporters of the sociological theory of law also shared the concepts of "right" and "law". But if the law was perceived by them as documents issued by state bodies, then law was the procedure for implementing the law. In other words, law was identified with law enforcement.

6. Marxist theory of law (K. Marx, F. Engels, V.I. Lenin). The creators of the theory laid the basis for the doctrine of the class approach to the emergence of law. That is, the state is the power of the ruling class, in whose hands the bulk of the means of production is concentrated.

The following fact is indisputable: law and the state are interconnected, the process of their development occurs in parallel, in close connection:

1) the state in the course of its existence creates the rules of law as generally binding; by applying coercion in necessary cases, the state guarantees the implementation of the rule of law;

2) it is law that creates the rules by which the state exists as a system of organs, institutions and organizations.

10. Sources of law

The meaning of the concept of "source of law":

1) accepting legal norms society, the state to meet the need for it;

2) objective conditions in the country (political situation in the state, economic development);

3) a state document containing the rules of law. It is the latter meaning that defines the source of law in the legal sense.

The source of law, as a law-forming factor, has the following beginnings:

- material (conditions of existence, economic prerequisites that led to the emergence of law);

- ideological (legal views, doctrines on the basis of which law arose)

- formal-legal - the form in which the law is expressed. It is in the official document that the will of the state is framed. This document is a source of law in the formal legal sense.

Law as a system is a unity of the norms of law (content) and the form of law (the source of law in the formal legal sense).

To give the source of law the character of a normative document, it is necessary:

1) or its publication by a state body with appropriate powers (legislative);

2) or sanctioning by a state body of a social norm (judicial bodies).

Main sources of law:

1) legal custom - the first form of law, a historically established rule of conduct. It should be taken into account that not only generally recognized customs, but also customs approved by the state, become legal. It is the state that gives them binding legal force. For example, the Laws of the twelve tables in Ancient Rome, the Laws of Draco in Athens.

2) precedent (judicial, administrative) - judicial decisions, the principles of which the courts are obliged to apply as a model when considering such situations. Courts are obliged not to create legal norms, but to apply them. This form of law (case law) has become widespread in a number of countries, namely, in the UK, USA, Canada, Australia, etc.

3) normative contract - agreement of the parties containing the rules of law. For example, international treaties, the Treaty on the Formation of the USSR of December 30.12.1922, XNUMX, collective agreements between employees of the enterprise and the administration.

4) legal act - an official document issued in the manner prescribed by the legislation of the country by the relevant body, containing the rules of law (laws, codes, government decrees, presidential decrees, etc.). It is adopted in compliance with the relevant procedure, has the form prescribed by law, enters into force in accordance with a certain procedure, is subject to mandatory publication within the time limits specified in the legislation from the moment of its adoption.

11. Regulatory legal acts

Legal act - this is an official document issued in the manner prescribed by the legislation of the country by the relevant body, containing the rules of law.

According to the Constitution of the Russian Federation:

1) on the subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws are adopted that have direct effect on the entire territory of the Russian Federation;

2) federal laws and laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation;

3) federal laws cannot contradict federal constitutional laws;

4) outside the jurisdiction of the Russian Federation, joint jurisdiction of the Russian Federation and subjects of the Russian Federation, republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts exercise their own legal regulation, including the adoption of laws and other regulatory legal acts;

5) laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted on the subjects of the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, and in the event of a conflict between a federal law and another act issued in the Russian Federation, a federal law shall apply;

6) in the event of a conflict between a federal law and a regulatory legal act of a constituent entity of the Russian Federation issued outside the jurisdiction of the Russian Federation and joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the regional regulatory legal act shall apply.

Signs of a normative legal act:

a) written form, the procedure for publication is provided for by law;

b) appropriate form and details;

c) the presence of appropriate legal force, it is mandatory for execution by a certain group of persons, the presence of the subject of regulation;

d) action within a specified period;

e) action in a specific territory;

f) position in the system of legal acts, relationship with other normative acts.

The effect of the regulation is limited to:

1) time - from the moment of its entry into force until its termination,

2) space - depending on the body that adopted it and on the legal force of the normative legal act, the law may operate throughout the country, on the territory of the subject that adopted it, on the territory specified in the law.

3) circle of persons - according to the general rule, the circle of persons includes citizens of the Russian Federation, foreigners and stateless persons located on the territory of the country).

Termination of a normative legal act:

- the expiration of its validity, if it is accepted for the time specified in it;

- termination by the adoption of another act of appropriate force;

- Cancellation of a normative act by the body that adopted it.

12. Law

Law is a normative legal act of the highest legal force, adopted in the prescribed manner by a representative body of state power or by a decision of the people in a referendum and regulating important social relations.

signs of law:

1) adoption by the legislature or by popular vote (in a referendum);

2) regulation of significant public relations in the life of society, the state and citizens (in particular, the procedure for the formation and activities of state authorities and local governments, rights, freedoms, duties of a person and a citizen, issues of defense, taxation, and others);

3) adoption, with strict observance of a special procedure - the legislative process, which is indicated in the Constitution of the Russian Federation;

4) the possession of the highest legal force (since it occupies the second place after the Constitution of the Russian Federation in the pyramid of legal acts);

5) stability (the procedure for adopting a law, as well as making changes to it);

6) obligatory nature (its norms must be observed by all subjects of legal relations).

The rule of law is enshrined in the Constitution of the Russian Federation, which provides that:

1) the law cannot contradict the Constitution of the Russian Federation, and all other normative acts issued in the country must not contradict the law, otherwise they will be declared invalid;

2) the courts of the Russian Federation are subject to the law in their activities, that is, if any act of a state or other body does not comply with the law, the court is obliged to make a decision in accordance with the law;

3) obligatory observance of laws applies both to citizens and their associations, and to state authorities, local self-government bodies, and to all officials.

The main types of laws, depending on the level of the body that accepted it, are:

1) federal laws, which are subdivided into federal laws and federal constitutional laws. This type of law is the main type, adopted by the State Duma and the Federation Council of the Federal Assembly of the Russian Federation. To regulate the issues specified in the Constitution, federal constitutional laws are adopted. Such issues include martial law, a state of emergency, a change in the status of a subject of the federation, a referendum, the judiciary, and others.

2) laws of subjects of the federation. They are adopted on issues of exclusive jurisdiction of the subjects of the Russian Federation and issues of joint jurisdiction of the subjects of the Russian Federation and the federation by the legislative bodies of the subjects of the federation. The order and procedure for their adoption are specified in the constitutions and charters of the respective subject.

13. Bylaws. Legal conflicts

The second group of normative acts consists of subordinate normative acts issued on the basis of and in pursuance of laws.

Signs of by-laws:

1) they must be based on the law, while having less legal force compared to it,

2) correspond to the competence of the published body;

3) they regulate a significant range of social relations, while they are aimed at solving current problems, the number of by-laws exceeds the number of laws;

4) serve as the basis for law enforcement activities, but are mainly a tool for operational impact on public relations.

By-laws include:

1) at the federal level - decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation;

2) at the level of subjects of the federation - acts of bodies of subjects of the Federation, acts of self-government bodies, charters of regions, republics that are part of the Russian Federation;

3) departmental - orders and instructions of ministries;

4) local - internal documents of various organizations that have legal force in relation to its employees.

Sub-legislative acts, obeying the norms of the law, must correspond to each other. Depending on the level of the authority that issues the by-law, it must not contradict the acts of higher authorities.

The structure of the legal system and the relationship between law and by-laws ensures the rule of law and reduces the scope of regulation of by-laws.

Legal conflict - these are contradictions that have arisen between normative acts on the same issue.

Causes of collisions:

1) objective (the dynamism of the development of social relations, which conflicts with the conservatism of law);

2) subjective (gaps in law).

Types of collisions:

1. between the law and the by-law (allowed in favor of the law);

2. between the Constitution and a normative act (allowed in favor of the Constitution);

3. between a federal act and an act of a subject of the Federation (the situation is resolved in accordance with Article 76 of the Constitution of the Russian Federation, paragraph 6).

If a legal conflict occurs, the following is done to resolve it:

1) if the acts are issued by one body, the latter shall apply;

2) if by different authorities, the one issued by the higher authority shall apply;

3) if a conflict has arisen between a general and a special act, a special one shall be applied.

The procedure for the adoption of laws and by-laws makes it possible to streamline the correlation and interaction of the legal norms contained in them. The principles provided for by the Constitution serve to prevent and resolve possible conflicts between legal acts.

14. Rule of law

Rule of law - this is a certain number of rules that make up the system of law, established or sanctioned by the state, an elementary particle of law, relating to it as part of a whole.

It has its own content and form, in system-forming processes with other norms it constitutes the content of law as a whole.

It is necessary to single out the norms of law from the system of social relations, presented in the form of technical (regulating relations between people and the outside world, nature, technology) and social norms (they regulate relations between people and their associations, social life).

Rules of law differ in their content. They can allow, prohibit, prescribe, indicate one or another type of behavior by the subjects of legal relations.

The difference from commands, orders on specific issues is of a generally applicable nature. The rule of law is addressed to a circle of persons determined on the basis of its content, its action is designed for an unlimited number of cases.

Signs of the rule of law:

1) is established or authorized by the state by enshrining in state acts (laws, by-laws);

2) has a representative-binding character, that is, on the one hand, it provides the subject of law with freedom of action, and on the other hand, it obliges to perform or not to perform certain actions. At the same time, the freedom of this person is limited;

3) measures of state coercion are applied to implement the legal norm. The rule of law has a protective character, since the rights and freedoms guaranteed by law are under their protection;

4) public relations are regulated by a certain category of legal norms. That is, the rules of law perform the function of a social regulator of social legal relations;

5) is provided by measures of state coercion.

The rule of law is distinguished by unity, integrity, indivisibility. The content of the rule of law is unified, the elements of its structure are not isolated, but constitute a whole.

Correlation between the rule of law and the normative act:

1) the rule of law can be formulated in one article of the law in the form of three elements: hypotheses, dispositions and sanctions.

2) one rule of law is contained in several articles, it is divided into different articles of the law and even according to different laws. Or let us assume the second option, when several legal norms can be formulated in the content of the article.

In modern conditions, the law is being improved in two directions:

1) the content of the norms is improving,

2) the structure of norms and the legal system as a whole are being streamlined.

15. Structure of the rule of law

The rule of law consists of three elements:

1. Hypothesis - contains the conditions under which this rule is subject to application, as well as a list of persons to whom it applies.

With the help of a hypothesis, an abstract variant of behavior defined in a disposition is correlated with a specific subject, named circumstances, time and place.

Hypothesis classification:

a) According to their structure, they are divided into simple and complex. In a simple hypothesis, one circumstance is indicated, in the presence or absence of which a legal norm is valid. If there are two or more circumstances in the hypothesis at the same time, which together determine the action of the norm, it is called complex.

b) an alternative hypothesis is a hypothesis in which several variants of circumstances (alternative) are indicated under which the operation of the norm is possible.

c) according to the form of expression of the hypothesis, they are divided into abstract and casustic.

Hypothesis - a necessary element of the structure of a legal norm. It specifies the circumstances under which the disposition of the rule of law comes into effect.

2. Disposition is the second structural element of the rule of law. It contains a rule of behavior when the conditions stipulated by the hypothesis occur. Here are the specific rights and obligations of participants in legal relations.

Disposition types:

a) a simple disposition that names a variant of behavior, but does not reveal or explain it;

b) a descriptive disposition that describes all the essential features of behavior;

c) a reference disposition that does not set out a rule of conduct, but refers to another norm of the law for familiarization with it.

3. Sanction - the third, final element of the rule of law. It contains an indication of the consequences that occur in relation to the subjects of law in the implementation of the disposition.

Types of sanctions:

1) punitive or punitive measures of liability (imprisonment, fine, reprimand, recovery of material damage, etc.);

2) measures of preventive influence (arrival, seizure of property, detention as a suspect in a crime, etc.).

3) protection measures (reinstatement of workers and employees who were previously illegally dismissed at their previous jobs; etc.).

In terms of the volume and size of adverse consequences for the offender, the following positions can be distinguished:

1) absolutely-defined sanctions - the size and order of application of adverse consequences.

2) relatively-defined sanctions - the boundaries of adverse consequences are indicated from the minimum to the maximum or only to the maximum.

3) alternative sanctions - several types of adverse consequences, from which the law enforcer chooses one.

16. Classification of the rules of law

1) the main is the division of the rules of law into:

a) regulatory law establish certain rules of conduct, grant rights to participants in legal relations and impose duties on them. Depending on the nature of the established rights and obligations, i.e., on the nature of the prescribed rules of conduct, regulatory rules of law are binding (binding rules of law establish an obligation for the subject of law to perform certain actions, require active mandatory behavior), prohibiting (prohibiting rules of law establish an obligation for the subject of law to refrain from performing certain actions) or authorizing (entitled norms grant the right to perform certain actions.).

b) law enforcement establish legal liability for violation of the law, they perform the function of protecting public order. An example is the norms of the Criminal Code of the Russian Federation.

at) specialized rules of law contain prescriptions for the implementation of regulatory and law enforcement norms of law. 2) on the subject of legal regulation single out the norms of individual branches of law - substantive and procedural;

3) according to the method of legal regulation:

a) imperative;

b) dispositive;

4) by scope of regulation public relations are:

a) general rules of law b) special rules of law that concretize, detail the general ones in relation to various conditions for their implementation. It should be noted the rule: a special norm cancels the general norm in part of its effect;

5) by legal force distinguish between the rules of law contained in laws and having the highest legal force, and the rules of law contained in by-laws;

6) the territory to which they apply., highlight the rules of law that are valid throughout the territory of the state (they are issued by the highest or central bodies of the state), or only on a certain part of it (they are valid only within individual administrative-territorial units);

7) around the circle distinguish between the rules of law that apply to all persons within the territory of a given state, and the rules of law that apply only to a certain category of persons, for example, military personnel, pensioners, deputies, youth, doctors, etc. In these rules a special addressee, a special subject of law is determined;

8) by duration allocate:

a) permanent b) temporary norms of discrete action

9) by industry it is possible to single out the norms of civil, land, labor, etc.

17. Law and morality

Legal science distinguishes the following norms: legal, moral, political, aesthetic, religious, family, etc.

All these norms are social in nature and are closely interrelated.

According to legal scholars:

- morality - this is a system of historically defined views, norms, principles, assessments, beliefs, expressed in the actions and actions of people that regulate their relationship to each other, to society, a certain class, state and supported by personal conviction, tradition, education, the power of public opinion of the whole society , a particular class or social group. The criteria for norms, assessments, beliefs are the categories of good, evil, honesty, nobility, decency, conscience.

- morality (morality)) are ideas that arise as a reflection of the conditions of social life in the minds of people in the form of categories of justice and injustice, good and evil, laudable and shameful, encouraged and condemned by society, honor, conscience, duty, dignity, etc.

Morality arises from the social need to harmonize the behavior of the individual with the interests of society.

It is impossible to distinguish between law and morality according to the subject areas of their action. They operate in the system of social, socio-political ties. This gives rise to the interaction of the norms of law and morality. In different historical conditions, their interaction is different. If we look at the development of human society, we can see the following: in antagonistic socio-economic formations, each class has its own system of morality, determined by the conditions of its life.

The community of law and morality is generated by common social relations. They form the value scale of society, its orientation. The prescriptions of law and morality grow out of people's activities; as a result of repeated repetition, they acquire a normative character and become regulators of people's behavior.

Law as a normative system must be permeated with morality. The internal morality of law is one of the important conditions for its effectiveness.

Legal norms should strive to comply with moral norms. The legal life of the society should develop taking into account moral values (humanism, social justice, conscience, human dignity, freedom and responsibility).

This process does not have a logical conclusion, since the development of society entails a change in its moral values, respectively, legal norms should also be subject to adjustment.

Law and morality mutually influence each other, as a result of which the foundation of the public is maintained, the connection of individual interests and aspirations into a single whole.

But at the same time there is a difference between law and morality, which are as follows:

1) the period of time during which the formation of moral norms takes place is quite long and depends on the mood and level of development of society. On the other hand, the norms of law are forcibly established by the state and after that become obligatory for all subjects of law. At the same time, society participates in the creation of moral norms, and the state participates in the creation of legal norms;

2) in order for the formed norms of morality to become traditional and generally accepted, there is no need to formalize them in the form of a normative act. But the rules of law must necessarily be adopted in certain forms, and their content must be communicated to society;

3) in most cases, the implementation of moral standards occurs on a voluntary basis. And the execution of the law is protected by the state;

4) in case of violation of the norms of morality, society is able to express its negative attitude, and legal liability is established for violation of the norms of law.

18. Interpretation of law

Interpretation - this is an understanding and explanation of the meaning and content of legal acts.

Goal interpretations - a uniform understanding and application of legal norms.

As a result of the interpretation of law, there is an understanding, knowledge of the meaning of the rule of law and its presentation to other persons. The result of the interpretation is set out in the act of interpretation - a document containing an explanation of the normative legal act. This document has legal force only in conjunction with the norm of law.

Distinguish the following types of acts of interpretation depending on the:

- bodies that performed the interpretation:

a) acts of the judiciary;

b) acts of executive authorities and others;

- from the industry:

a) criminal law;

b) civil law and others;

- in the form of expression:

a) decrees;

b) instructions, etc.

When performing the interpretation, a number of techniques and rules are used, namely:

1) in order to interpret the terms, phrases used in the creation of the rule of law, the language method is used;

2) to establish a connection between the norms, a systematic method is used, while determining the place of the commented norm in the hierarchy of legal norms;

3) to give the commented norm a specific meaning, a logical method is used;

4) when clarifying the conditions that contributed to the emergence of a legal norm, the historical method of interpretation is applied;

5) a special-legal method allows you to define legal terms, concepts and categories.

These methods are subject to mandatory use in a complex, in a single system.

Interpretation can be official and unofficial:

- official - clarification of state bodies with relevant powers. There are two types:

a) normative - is of a general nature, the result is applied in an unlimited number of cases. For example, explanations of the Plenum of the Supreme Court. Normative interpretation is divided into authentic (when the author of the normative act gives the interpretation) and legal (the normative act comments on the body authorized to perform this function);

b) casual - an explanation given in a specific case (casus) does not entail legal consequences for other cases.

- unofficial - clarification of legal norms, which is done by other, not authorized persons and does not have an official character. The meaning of this interpretation is that they make it possible to understand the commented material. There are ordinary (performed by any person), professional (performed by a scientist), doctrinal (performed by professionals, the difference from a professional interpretation is that the doctrinal interpretation affects the implementation of the law) unofficial interpretation.

19. Lawful Conduct

When exercising his rights, the subject performs certain actions, characterized as behavior. Not all actions performed by him have legal significance. In order to be classified as legal behavior, they must have the following signs:

a) have a social, public significance;

b) be regulated by the consciousness of the person who commits them;

c) fall into the sphere of regulation by law according to their characteristics;

d) fall under the control of state bodies;

e) have legal consequences.

The actions of people containing these signs are legal.

Lawful Conduct subject primarily meets the requirements of legal norms, namely:

a) complies with the requirements of the law,

b) does not contradict them,

c) complies with legal regulations,

d) not prohibited by them.

Based on the requirements for the behavior of the subject as a whole, in order for his behavior to be legal, then the signs of lawful behavior are the following:

- not only social significance, but also the social utility of behavior;

- voluntariness of its commission on the part of the subject;

- the mass character of observance of legal norms in society.

Namely, lawful conduct - this is a socially necessary or permissible behavior of an individual that meets the requirements of legal norms, meets the requirements of the state and is approved by the state and society. That is, in order for the behavior of an individual to become lawful, it must be subject to the requirements of society. The social basis of lawful behavior is the community of significant interests of citizens, which determines the rules of conduct established by law, expressed in legal norms.

In jurisprudence, the following classification of lawful behavior:

a) according to the degree of implementation of legal norms for active and passive lawful behavior;

b) by branches of law: constitutional law, criminal law, financial law, administrative law, etc.

c) based on the motives of lawful behavior, they distinguish:

1) socially active lawful behavior based on conviction, maturity of the individual, a high level of legal awareness and a high degree of activity;

2) habitual lawful behavior is based on life experience, without excessive legal activity;

3) conformist lawful behavior - obedience to legal prescriptions without realizing the significance of lawful behavior, based on adaptation to the beliefs of the social environment;

4) marginal lawful behavior is characteristic of persons who comply with the rule of law due to fear of punishment, because of personal gain, etc.

20. Systematization of legislation. legal consciousness

Systematization of legislation - this is the activity of the competent state bodies with the appropriate powers to streamline the existing regulations.

Forms of systematization:

1) accounting. Its implementation is necessary for ease of use, all regulatory legal acts are subject to accounting for the completeness and reliability of the processed information. To conduct accounting, it is necessary to carry out the following actions: collection, processing of regulations, systematization, transfer for storage to authorized state bodies. The following documents are taken into account: federal constitutional laws, federal laws, presidential decrees, regulations, government decrees, acts of federal executive bodies, laws of the subjects of the federation, acts of local governments, explanations of the Plenum of the Supreme Court and decisions of the Constitutional Court;

2) incorporation - it is a combination of legal norms into codes or collections of legislation. Depending on the entity carrying out the incorporation, it can be official (incorporation of state documents is carried out and a code of legislation of the country is formed), semi-official (if it is carried out according to the principle of combining all documents of one department into one collection), unofficial (as a result, collections of laws are issued or other normative acts initiated by individuals);

3) consolidation - unification of normative-legal acts on the principle of commonality of the subject of regulation. It is carried out only by authorized bodies. Consolidation is a type of lawmaking;

4) codification - activities for the processing of existing regulatory legal acts related to the commonality of social relations, and as a result, the creation on their basis of a new consolidated regulatory act (code, fundamentals of legislation, regulations and other acts).

The relation of the individual to law is called sense of justice. It is an integral element of legal culture. Raising the level of legal awareness is intended to fulfill the following functions:

- dissemination of legal information in society;

- allows individuals to correctly evaluate legal phenomena;

- allows you to increase the level of lawful behavior in society.

Legal consciousness is divided into the following views depending on the:

- subject:

- individual;

- collective;

- mass;

- public;

- level:

- scientific;

- professional;

- ordinary.

Thus, legal consciousness is a set, a system of views of the subject on the law and other legal phenomena, as well as the perception of law and its assessment.

21. Legal culture and legal education

legal culture - this is the level of development of legal consciousness in society, the observance of legal norms by each member of society, the guarantee of human rights and freedoms in society.

Forms of legal culture:

- legal culture of society;

- legal culture of the individual;

- the legal culture of the group.

The parameters of legal culture demonstrate:

1) how high is the level of legal consciousness of society, that is, how much the principle of humanism is observed in society, informing the public about the process of lawmaking; observance of the rights and freedoms of the individual, awareness by the citizens of the scope of their rights and freedoms, their knowledge of the fundamentals of law and the constitution, the lawful behavior of the individual, a positive attitude towards representatives of the authorities and the court are ensured;

2) how effective is the activity of legislative bodies in the adoption and application of relevant legal acts. It depends on the level of development of legal science, law enforcement practice, professionalism, competence and development of state bodies;

3) the degree of development of the legal system in the state as a whole. It will function if the state has a well-coordinated hierarchy of normative acts, at the head of which is the constitution, and the laws in force in the state correspond to it.

Legal culture is associated with legal activity and is of great importance for building the rule of law. Legal culture becomes the foundation of the legal activity of citizens. It represents a high level of legal thinking and a high quality of all legal activity.

One of the important tasks of the state is the process of formation in society and among individual citizens of a positive attitude towards law, the formation of a legal culture and legal consciousness. This activity is called legal education. This function belongs to state bodies, institutions, enterprises, educational institutions, and other structures of the state apparatus.

Directions of legal education:

1) the formation of legal consciousness and legal culture in the main unit of society - the family;

2) teaching the basics of legal science to the younger generation in educational institutions;

3) self-education;

4) providing information about law-making activities in the state (through the media, literature, press, computer programs, etc.).

Ways of legal education - persuasion, warning, encouragement, coercion and punishment.

As a result of legal education, a citizen develops legal needs, interests, attitudes, value orientations that determine the choice of appropriate actions and deeds.

22. Offense

Illegal, socially dangerous, guilty act (action or inaction) of a person, which causes harm to society, person, state, is called offense.

Composition of the offense is a set of elements sufficient to bring a person to legal responsibility, and is formed from subjective and objective signs:

- the subject of the offense - the person who committed the offense. Physical subject to the possession of legal capacity, legal - in the commission of civil offenses;

- the object of the offense is the social relations that the offender encroaches on. Allocate:

a) general - public relations,

b) generic - a group of homogeneous social relations,

c) direct objects of crimes;

- the subjective side of the offense - is a set of internal signs of the offense, it demonstrates the degree of guilt of the person who committed it, his attitude to his act. Includes: guilt in the form of intent or negligence, goals, motives.

- the objective side of the offense consists of the act itself in the form of action or inaction, its wrongfulness, consequences, causal relationship between the act and the result.

The absence of one or more of the listed signs entails the fact of the absence of an offense.

According to the degree of damage caused, there are:

1) socially dangerous acts,

2) malicious,

3) insignificant, the damage caused by them is insignificant and can be eliminated.

Offenses are divided into crimes and misdemeanors.

Преступления These are socially dangerous offenses provided for by criminal law. The concept of "crime" is defined in Article 14 of the Criminal Code of the Russian Federation: "A crime is recognized as a guilty socially dangerous act, prohibited by the Criminal Code under the threat of punishment." The list of crimes is specified in the Criminal Law and is exhaustive.

Misdemeanors entail a lesser degree of public danger, for their commission legal liability is provided for by civil, administrative, labor law.

Civil law, unlike criminal law, contains features of the principle of responsibility of criminal law. For example:

- if the law provides for cases of liability for someone else's fault (liability of a legal entity for harm caused by its employee in accordance with Article 1068 of the Civil Code of the Russian Federation);

- if the harm is caused by a source of increased danger, the establishment of the fault of the tortfeasor is not required in accordance with Article 1079 of the Civil Code of the Russian Federation;

- the existence of liability for the harm caused, regardless of any circumstances, including force majeure.

23. Legal liability. Kinds

Legal liability - this is the possibility of the onset of adverse consequences of a personal, property and special nature (sanctions), which are imposed by authorized state bodies in compliance with procedural legislation on the offender.

The principles of legal responsibility are:

1) inevitability (that is, the inevitability of applying measures of responsibility for the offense committed);

2) legality (compliance with legal norms when assigning measures of legal responsibility);

3) justice (correspondence of the severity of the punishment to the committed offense, a single punishment for one committed offense, the application of the principle "the law has no retroactive effect", if this aggravates the position of the offender);

4) humanism (ban on the use of torture, inhuman treatment of a person);

5) objectivity (bringing to legal responsibility only if there is a socially harmful act).

It is necessary to pay attention to a number of circumstances that exclude bringing a person to legal liability. These include

- necessary defense (in the event of a dangerous real encroachment on life, rights and freedoms, harm occurred to the encroaching person);

- extreme necessity (causing a small harm in order to prevent the onset of more);

- insanity (inability to understand the meaning of their actions);

- insignificance (absence of public danger);

- execution of the order;

- incident (case) - causing harm in the event of circumstances that can neither be foreseen nor prevented.

Types of legal responsibility.

There are the following types of legal liability:

- criminal liability - comes for a crime committed on the basis of a court decision. Sanctions are the most severe (imprisonment);

- administrative responsibility - provided for the commission of an administrative offense, misdemeanors (violation of traffic rules), administrative penalties include a warning, a fine, deprivation of special rights;

- disciplinary responsibility - occurs for violation of official duties, commission of disciplinary offenses;

- civil liability - for the commission of a civil offense, has a property, compensatory nature, occurs in the form of compensation for damages, penalties, etc.

For each of these types of legal liability, industry-specific principles are provided in addition to the general principles of legal liability.

24. The main legal systems of our time

In the modern world, four legal systems have historically developed and operate. The concept of "legal system" is not identical to the concept of "system of law".

Legal system is a combination of the following elements: the system of law itself, the traditions of legal regulation, legal doctrines, doctrines.

1. Anglo-Saxon legal system.

The main source of law in the countries of this legal system, and they are England, the USA, Canada, Australia, New Zealand and others, is a judicial precedent. As a result of its development, this system allowed judges to decide cases at their own discretion, based not only on the rules of common law, but also on their own understanding of justice. That is, when considering cases, judges use as a model examples of consideration of similar cases by other judges.

2. Romano-Germanic (continental) legal system.

The basis was Roman law. The countries where the specified legal system operates are continental Europe, North Africa, South America, Japan, Russia. A distinctive feature is that, unlike the Anglo-Saxon legal family, where the source of law was a precedent, here this role is played by legal acts formed into a single system.

3. Muslim (religious) law system.

It exists in countries where Islam traditionally operates (Iran, Saudi Arabia, Iraq and others). In the overwhelming majority of countries of this system, only religious principles are the source of law. But in a number of countries there is a dual legal system, where, along with the operation of religious principles, codified law is applied. The feature of this system is also the following. The right is granted by God, and, therefore, it is obligatory for application. Normative legal acts are secondary, the role of judicial practice is insignificant. At the same time, religious works enjoy great authority.

4. Traditional (customary) law system

The most archaic system that exists in a number of African states, the tribes of South America, on the islands of Oceania. The basis, the source of law is custom. The law is not codified, the basis of customs is mythology, moral norms. Justice is carried out by priests, leaders, etc. The possibility of revenge is allowed when committing a serious crime. It should be noted that the state bodies of some countries (for example, Indonesia) have recognized the right of the tribes to administer justice, based on the customs, and not on the country's legal acts.

25. System of law, legal system of Russia

The rules of law are coordinated among themselves and, as a result, constitute a single system of law. System of law represents the internal organization, the structure of law, which are characterized by unity, consistency, consistency and interaction of legal norms. The normative material that makes up it is located and grouped in a certain sequence.

Elements of the system of law:

1) legal regulations - initial parts of the system of law;

2) legal institutions - a set of legal norms, a small group of them, regulating one type of social relations (the institution of donation in civil law, etc.). They can be sectoral (transactions), intersectoral (property); material (purchase and sale), procedural (statute of limitations); simple (contracts) and complex (in a row), according to the functions they perform, they can be divided into protective (the institution of an employment contract) and regulatory (the institution of a referendum);

3) sub-sectors - a set of related legal institutions, the group of regulated relations they have is narrower than that of the branch of law (copyright);

4) branches of law - a set of legal norms, institutions, united by one homogeneous sphere of social relations. For example, constitutional, criminal, ecological and others. The industry is independent, stable, but interconnected with other industries. Branches can be complex, that is, contain the provisions of legal acts of several branches of law.

Their ratio is defined in the hierarchy of elements and the relationship between them.

In the system of law, the following groups should be distinguished:

1) public law. The subject of its regulation is public relations in the sphere of public administration (constitutional law, administrative and other branches of law). It contains legal relations affecting power relations between subjects in the order of subordination;

2) private law. The subject of regulation of relations between individuals (the sphere of civil, family law).

Signs of a system of law:

1) unity - belonging of the norms of law to one legal system gives rise to the unity of their goals;

2) difference - each of the norms that make up the system of law has its own content, object of regulation, etc.;

3) interaction - despite the fact that the rules of law are the same and different in certain respects, they must be interconnected, as they are included in a single hierarchy of normative acts).

Legal system - a set of legal phenomena and traditions of a single country. It includes the system of law, teachings, ideology, law regulation and law enforcement practice.

26. Branches of law

Branch of law is a set of interrelated legal norms that regulate a relatively independent area of human relations. That is, the constituent parts of the system of law, grouped according to the subject of their regulation, constitute a branch of law.

Different branches of law differ from each other in the subject of regulation. Subject of legal regulation branch of law is a homogeneous group of relations regulated by a group of legal norms.

In addition, some branches of law are formed according to the objects of legal regulation. Thus, the Constitution refers to the following branches of legislation: land, water, forest legislation, subsoil legislation, environmental protection, housing legislation, as well as family legislation and labor legislation. They are assigned to the joint jurisdiction of the Russian Federation and its subjects (point "k" of part 1 of article 72 of the Constitution of the Russian Federation).

The Constitution of the Russian Federation is the starting point for all other branches of law. The principles enshrined by it are the leading legal principle of all its other branches.

The following main branches of law can be distinguished:

1) constitutional (regulates socially significant public relations, the main source is the Constitution of the Russian Federation);

2) administrative (associated with the exercise of executive power);

civil (regulates property and related non-property relations of subjects of law);

3) land (the subject of regulation are legal relations related to land);

4) family (dedicated to the consideration of problems related to marriage and family legal relations);

5) labor (considers the relations arising in the course of labor activity);

6) criminal (provides the procedure for classifying acts as offenses, the procedure for liability for their commission) and others.

In this way, branch of law is a set of legal norms and legal institutions that regulate legal relations in a certain area. Branches of law are not isolated from each other. Each branch of law is in stable connection with other branches of law. The interconnectedness of general institutions is expressed in the fact that they have norms that relate to different branches of law. The current system of Russian law does not know branches of law that would sharply disharmonize with others.

Classification of branches of law:

1) material - in the event that they regulate material or social relations (civil law, criminal law);

2) procedural - the subject of regulation is the application and regulation of material branches (civil procedural, arbitration procedural).

27. The Constitution of the Russian Federation is the fundamental law of the state

The basis of legal regulation in our country is the Constitution of the Russian Federation, adopted on December 12, 1993. It has the highest legal force, direct effect and is applied throughout the Russian Federation.

Constitution is the basic law of the state. subject to regulation Constitutions are the following categories of public relations:

1) human rights and freedoms;

2) organization of state administration in compliance with the principles of sovereignty and separation of powers, the organization of the state mechanism;

3) political and territorial structure, form of government, form of government.

The main areas of implementation of constitutional norms, in which the purpose of the Constitution is manifested, include:

1) constituent, since it is the Constitution that gives legitimacy to the state, the social system, the foundations of the political system,

2) organizational, because the constitution establishes the legal order in the country,

3) ideological, as it expresses the ideological basis of the policy pursued by the state,

4) informational, as it is the main source of information about the country that accepted it,

5) programmatic, since it contains a number of provisions, the reality of which will be possible in the future, as well as those provisions that at the time of its adoption seemed new, but eventually became widespread.

The Constitution as the basis of legal relations and as a legal act has the following properties:

a) fundamental nature, it regulates the most important social relations in the country (political system, personality status, federation structure)

b) normativity,

c) the highest legal force, its norms in terms of legal force exceed other laws,

d) a special procedure for its adoption and amendment, different from the adoption of federal laws,

e) founding.

The Constitution of the Russian Federation directly generates the rights and obligations of all subjects of legal relations. She is:

1) calls the multinational people the bearer of sovereignty and the only source of power in the Russian Federation (clause 1, article 3 of the Constitution of the Russian Federation). The government is intact. The powers granted by the Constitution of the Russian Federation to the people of the country cannot be transferred to anyone else;

2) establishes the principle according to which the people exercise their power directly, as well as through state authorities and local governments (clause 2, article 3 of the Constitution of the Russian Federation), while the referendum and free elections are called the highest direct expression of the power of the people (clause 3 article 3 of the Constitution of the Russian Federation).

28. Federal structure of Russia

Russia - a federal state. Federalism - one of the foundations of the constitutional system of Russia and the constitutional basis of the historically established state unity of the peoples of the Russian Federation.

According to Art. 5 of the Constitution of the Russian Federation The Russian Federation consists of republics, territories, regions, cities of federal significance, an autonomous region, and autonomous districts. The Russian Federation includes 89 equal subjects: 21 republics, 6 territories, 49 regions, 2 federal cities, 1 autonomous region and 10 autonomous regions. They are equal subjects of the Russian Federation.

According to the Constitution (clause 2, article 5), the republic (state) has its own constitution and legislation. Territory, region, city of federal significance, autonomous region, autonomous district - their charter and legislation.

The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the state bodies of the constituent entities of the Russian Federation, the equality and self-determination of peoples in the Russian Federation. All constituent entities of the Russian Federation have equal rights in relations with federal government bodies. The organization of the state power of the constituent entities of the Federation occurs through the adoption of constitutions and charters of the constituent entities of the Russian Federation.

In contrast to the basic principle of the activities of the state authorities of the Russian Federation (separation of powers), the bodies of the constituent entities of the Russian Federation are additionally subject to the principle of delimitation of powers between the state authorities of the Russian Federation and the authorities of the constituent entities of the Federation, the allocation of subjects for their separate jurisdiction. Part 2 Art. 76 of the Constitution of the Russian Federation determines that on the subjects of joint jurisdiction of the state authorities of the Russian Federation and the authorities of the constituent entities of the Federation, federal laws are issued and laws and other regulatory legal acts of the constituent entities of the Russian Federation are adopted in accordance with them.

The constitutions and charters of the constituent entities of the Federation enshrine the general principles of the administrative-territorial structure: a republic, region, territory, city of federal significance, autonomous region, autonomous district have their own territory. Issues of the administrative-territorial structure of the subject of the Federation are the competence of the subject itself; the territory of the subject cannot be changed without his consent.

29. The system of public authorities of the Russian Federation

Constitution in Art. 10 establishes the principle of separation of state power into legislative, executive and judicial. Legislative, executive and judicial authorities are independent.

This entails the creation of state bodies representing each of the branches of government (clause 2, article 11 of the Constitution of the Russian Federation). Article 11 of the Constitution of the Russian Federation, paragraph 1 states that state power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.

At the federal level, the system of state bodies is as follows:

1) legislature - The Federal Assembly of the Russian Federation is the highest representative, permanent body of the Russian Federation. It consists of two chambers - the Federation Council and the State Duma, which sit separately. The main function is the formation of the country's legislation;

2) executive power - The Government of the Russian Federation heads the system of executive authorities of the Russian Federation. The Government of the Russian Federation consists of members of the Government - the Prime Minister, Deputy Prime Ministers and federal ministers. The main activity is the implementation of legislative acts. The Government of the Russian Federation develops and submits to the State Duma the federal budget and ensures its execution; submits a report on the execution of the federal budget; ensures the implementation of a unified financial, credit and monetary policy; manages federal property; takes measures to ensure the defense of the country, state security, the implementation of the foreign policy of the Russian Federation, as well as measures to ensure the rule of law, the rights and freedoms of citizens;

3) judicial branch - The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the General Prosecutor's Office of the Russian Federation. The main task is to ensure legitimacy, the administration of justice on the basis of laws and in a form determined by law.

The central place in the political system belongs to the head of state - the President of the Russian Federation. According to Art. 80 of the Constitution, the President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.

A feature of the state system of power of the Russian Federation is the fact that the President of Russia is included in the structure of state power, but at the same time he is not included in the system of separation of powers. Its main task is to ensure the coordinated functioning and interaction of all branches of government.

30. Voting rights of citizens of the Russian Federation

Article 32 of the Constitution of the Russian Federation grants citizens of the Russian Federation the right to participate in the management of state affairs. They have the right to elect and be elected to bodies of state power and bodies of local self-government, to participate in a referendum.

The federal law "On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies" establishes legal norms that ensure the implementation of these constitutional rights of citizens.

The basic guarantees of electoral rights and the right to participate in a referendum of citizens are discussed in the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation." Article 4 deals with universal suffrage and the right to participate in a referendum. A citizen of the Russian Federation has the right to elect, be elected, participate in a referendum, regardless of gender, race, nationality, language, origin, property and official status, etc.

The procedure for the election of deputies of the State Duma is established by the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation". A citizen of the Russian Federation who has reached the age of 18 on voting day has the right to:

1) to elect deputies of the State Duma in the federal constituency;

2) if his place of residence is in the territory of the respective constituency, he has the right to elect a State Duma deputy in a single-mandate constituency;

3) has the right to participate in the nomination of candidates for deputies of the State Duma, election campaigning, observation, the work of election commissions, the establishment of voting results and the determination of election results.

In Art. 3 of the Law of the Russian Federation "On Elections of the President of the Russian Federation" lists the electoral rights of citizens in the election of the President. A citizen of the Russian Federation who has reached the age of 18 on voting day has the right to elect the President of the Russian Federation, participate in the nomination of candidates for the post of President of the Russian Federation, election campaigning, monitoring the conduct of presidential elections, the work of election commissions, including the establishment of voting results and the determination of election results.

Has no right:

1) to elect the President and to be elected President, to participate in other electoral activities, a citizen of the Russian Federation recognized by a court as incompetent or held in places of deprivation of liberty by a court verdict;

2) to be elected President of the Russian Federation by a citizen of the Russian Federation who, on the day of the official publication (publication) of the decision to call the election of the President, holds the position of President for the second consecutive term.

31. Rights and freedoms of the individual in the Russian Federation

Article 2 of the Constitution of the Russian Federation says that a person, his rights and freedoms are the highest value, inalienable, belong to him from birth, guaranteed in accordance with the generally recognized principles and norms of international law. Limitation of this provision: the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.

State Duty consists in recognizing (fixing human rights and freedoms in normative acts), observance (that is, the obligation of the state not to violate human rights and freedoms) and protection of human and civil rights and freedoms (when the state creates legal guarantees aimed at restoring a violated right).

Права человека:

1) equality before the law and court (regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations);

2) the right to life (Article 20 of the Constitution of the Russian Federation) is a fundamental right. To ensure this right, there is a set of norms enshrined in the Constitution of the Russian Federation: the right not to be subjected to torture, other cruel treatment or punishment; medical, scientific or other experiments, etc.;

a) the right to liberty and security of person;

b) the right to privacy, personal and family secrets, protection of one's honor and good name. Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed. In cases specified in the law, special rules may be established that restrict the constitutional rights and freedoms of citizens:

1) in relation to minors and persons with mental disabilities;

2) in relation to persons suffering from serious infectious diseases (HIV infection, syphilis, tuberculosis, etc.);

3) in relation to persons undergoing fixed-term military service;

4) in relation to persons held in custody, serving a sentence in the form of restriction of liberty, arrest, deprivation of liberty, or who, after being released from a correctional institution, are under administrative supervision;

5) the right to participate in the management of state affairs, both directly and through their representatives;

6) the right to secrecy of correspondence, telephone conversations, postal, telegraphic and other messages;

7) the right of free movement, choice of place of stay and residence; the right to association, the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, marches and picketing;

8) the right of private property.

32. Restriction of the rights and freedoms of the individual

Article 56 of the Constitution of the Russian Federation allows, in a state of emergency, to ensure the safety of citizens and protect the constitutional order, in accordance with the federal constitutional law, the establishment of individual restrictions on the rights and freedoms of citizens, indicating the limits and duration of their validity.

The purpose of restricting rights and freedoms: protection of the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state.

The federal constitutional law "On the state of emergency" provides for guarantees of the rights of citizens and the responsibility of citizens and officials in a state of emergency. Measures applied in a state of emergency must be carried out within the limits required by the severity of the situation.

They must comply with the international obligations of the Russian Federation arising from the international treaties of the Russian Federation in the field of human rights, and must not entail any discrimination against individuals or groups of the population.

The federal constitutional law "On martial law" establishes the legal status of citizens during the period of martial law. Citizens enjoy all the rights and freedoms of man and citizen established by the Constitution of the Russian Federation, with the exception of the rights and freedoms, the restriction of which is established by the Federal Constitutional Law. At the same time, they are obliged to comply with the requirements of the said Federal Constitutional Law "On Martial Law", other normative legal acts of the Russian Federation on martial law issues. They are also required to:

1) comply with the requirements of state authorities, military command and assist such bodies and persons;

2) appear on a call to the federal executive authorities, executive authorities of the constituent entities of the Russian Federation and military command and control authorities, to the military commissariats of the entities in whose territories the said citizens reside;

3) comply with the requirements of the federal executive authorities, executive authorities of the constituent entities of the Russian Federation, military command and control authorities ensuring the martial law regime, and their officials;

4) participate in the performance of work for the needs of defense, liquidation of the consequences of the use of weapons by the enemy, restoration of damaged (destroyed) economic facilities;

5) provide, in accordance with federal laws, the property that is in their ownership necessary for the needs of defense, with subsequent payment by the state of the cost of this property.

33. Law and order

In Art. 15 of the Constitution of the Russian Federation is fixed principle of legality, which affirms the universality of the requirement to comply with laws and by-laws based on them, the supremacy and unity of the law, the equality of citizens before the law and the court, and the resulting inevitability of the legal responsibility of any person for a committed offense, permeates all aspects of life, the content and operation of law, starting with its formation in the process of lawmaking and ending with the application and other types of implementation of law.

Principles of legality:

1) unity (in the country there is a single, identical regime for compliance with the requirements of the law);

2) the rule of law (this principle applies not only to laws, but also to other legal acts);

3) expediency (the choice of the most optimal options for the norms of law, while the incorrect application of the law for the purpose of expediency is unacceptable);

4) reality (feasibility of the requirements of the law);

The value of legality in modern society is very high. It is expressed in the fulfillment by society of the requirements of legislative acts, in an effort to bring them into line with legal ideals.

Guarantees of legality - these are the objective conditions by which the observance of the rule of law is ensured:

1. general guarantees:

a) economic (sufficient level of economic development of the state)

b) political (the legitimacy of power, the degree of democratization of society, etc.; legality cannot exist in a society where there are no appropriate political conditions)

c) cultural (level of moral development of society, freedom of its development, legal awareness of each subject of legal relations)

2. special guarantees a) special-organizational - practical activities of law enforcement agencies;

b) special-legal - legal means by which the rule of law is implemented in society; prevention in order to prevent offenses; specific measures aimed at the prevention of offences.

On the basis of legality, social relations regulated by law are built. The objective state of social ties, which was the result of the operation of law - the rule of law. It is regulated by legal norms issued by the state, the achievement of law and order is one of the goals of the state. Therefore, the state guarantees the existence of the legal order that corresponds to the level of development of democracy and universal values in a particular society.

Thus, the rule of law is a state of relations regulated by law in society, based on the rule of law.

34. Rule of law

Constitutional state - this is a state in which conditions have been created to ensure the rights and freedoms of a person, a citizen, as well as the necessary mechanisms for their further implementation.

Basic principles:

a) democratic government;

b) implementation of the principle of separation of powers into legislative, executive and judicial and interaction between them;

c) legal protection of the individual;

d) the rule of law;

e) a high level of legal awareness and legal culture of citizens

In Art. 1 of the Constitution of the Russian Federation states that Russia is a democratic federal legal state with a republican form of government.

The Decree of the Constitutional Court of the Russian Federation of November 21, 2002 N 15-P states that the rule of law state, by its very nature, can be recognized as such only on condition that it ensures the safety of citizens, the protection and protection of their rights and legitimate interests, the effective restoration in rights. Therefore, in the Russian Federation, as a state of law, a person, his rights and freedoms are the highest value, and their recognition, observance and protection is the duty of the state; the rights and freedoms of man and citizen in the Russian Federation are recognized and guaranteed in accordance with the generally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation, they determine the meaning, content and application of laws and are provided with justice; State protection of human and civil rights and freedoms in the Russian Federation is guaranteed on the basis of the principle of legal equality (Articles 1, 2, 17, 18, 19 and 45 of the Constitution of the Russian Federation).

A state governed by the rule of law is in the event that its activity is based on the law, and the purpose of its activity is to ensure and protect human rights and freedoms. If we proceed from this provision, then the following principles underlie the activities of Russia, like any other legal state:

1) the rule of law, the rule of law over the state;

2) separation of powers into legislative, executive and judicial;

3) the responsibility of the state to its citizens;

4) equality of citizens before the law, their legal protection.

It must be said that at the moment Russia has only begun the process of forming a rule of law state, but has not yet become one. The rule of law for our country is a goal, but not yet a reality.

In the conditions of building a rule of law state, the legal activity of citizens (legal education, legal awareness and legal culture) is of great importance as a factor in its emergence and development.

35. The concept of civil law

Civil law is a fundamental part of the legal system of the state, fixes the rules by which society exists.

civil law (single internally agreed system of norms) consists of:

1. Civil Code of the Russian Federation.

According to the structure of the Civil Code of the Russian Federation is divided into parts, sections, subsections, chapters, paragraphs, articles:

a) Part one of the Code consists of three sections: "General Provisions", "Property Rights and Other Property Rights", "General Part of the Law of Obligations". Section "General Provisions" contains norms devoted to civil legislation; emergence, implementation and protection of civil rights and obligations; individuals and legal entities; objects of civil rights; transactions and representation; deadlines and statute of limitations.

b) part two has one section "Separate types of obligations". In particular, the issues of sale and purchase, supply, contract, etc. are considered here.

c) part three contains two sections: "Inheritance Law" and "Private International Law".

2. Federal laws adopted in accordance with the Constitution of the Russian Federation.

3. Regulations of various levels. Certain issues of civil legal relations are regulated by normative acts, business customs (which do not contain signs of a normative act).

Article 1 of the Civil Code of the Russian Federation lists the main principles of civil law: equality of participants in relations regulated by civil law; inviolability of property; freedom of contract; inadmissibility of arbitrary interference of someone in private affairs; the need for unhindered exercise of civil rights; ensuring the restoration of violated rights; judicial protection.

Subject of regulation of civil law - system of public relations. The object of regulation of civil law is property and non-property relations of participants in civil turnover. The subjects of civil legal relations are individuals, including foreign citizens and stateless persons, legal entities, as well as the Russian Federation, subjects of the Russian Federation and its municipalities (Article 2, 124 of the Civil Code of the Russian Federation) in the event that they act as holders of property rights . The subjects of legal relations are equal and independent, relations between them are based on the principles of good will. P. 3 Art. 2 of the Civil Code of the Russian Federation excludes property relations related to tax, financial, administrative legislation from the scope of regulation of civil law, unless otherwise provided by law.

36. Individuals. Legal capacity. legal capacity

Subjects of civil legal relations are individuals, legal entities, as well as the Russian Federation, subjects of the Russian Federation and its municipalities.

The main properties of citizens as subjects of law are their legal capacity and legal capacity. Legal capacity of a citizen It is the ability to have civil rights and bear responsibilities. It arises at the moment of his birth, although Art. 530 of the Civil Code of the Russian Federation protects the rights to the inheritance of an unborn child, but conceived during the life of the testator. Legal capacity is equally recognized for all citizens (including foreigners, stateless persons), regardless of religion, nationality, etc.

The content of the legal capacity of citizens:

1) citizens can have property on the right of ownership;

2) inherit and bequeath property;

3) engage in entrepreneurial and any other activities not prohibited by law;

4) create legal entities independently or jointly with other citizens and legal entities, etc.

Legal capacity of a citizen - this is his ability by his actions to acquire and exercise civil rights, create for himself civil duties and fulfill them (civil capacity). Not all citizens have legal capacity, unlike legal capacity.

In full, it arises with the onset of adulthood, that is, upon reaching the age of 18. Its volume is determined in each specific case, taking into account age, health status, and other circumstances. The exceptions are:

1) marriage before the age of eighteen. In this case, a citizen who has not reached the age of eighteen acquires legal capacity in full from the time of marriage (Article 18 of the Civil Code of the Russian Federation);

2) upon reaching the age of sixteen, a minor may be declared fully capable if he works under an employment contract, or, with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity.

have partial capacity minors between the ages of 14 and 18. Transactions are carried out by them with the written consent of their legal representatives - parents, adoptive parents or guardian.

Without the consent of parents, adoptive parents and guardian, minors have the right to:

1) dispose of their earnings, scholarships and other incomes;

2) exercise the rights of the author of a work of science, literature or art, invention;

3) to make deposits in credit institutions and dispose of them;

4) make small household transactions.

37. Legal entities

Entity is an organization with its own specific legal status, operating in the organizational and legal form provided for by law. It has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.

A legal entity may act on the basis of a charter, or a memorandum of association and a charter. The constituent documents of a legal entity must contain the name of the legal entity, containing an indication of its organizational and legal form, its location, the procedure for managing the activities of the legal entity, and also contain other information provided for by law for legal entities of the corresponding type. A legal entity acquires civil rights and assumes civil obligations, i.e., exercises its legal capacity through its bodies. The procedure for appointing or electing the bodies of a legal entity is determined by law and constituent documents.

Differentiation of legal entities:

1) if the main purpose of the activity of a legal entity is to make a profit, this entity is commercial;

2) legal entities that do not have as such a goal the extraction of profit and do not distribute the profit received among the participants, are non-profit organizations.

Non-profit organizations can carry out entrepreneurial activity only in so far as it serves the achievement of the purposes for which they were created and corresponding to these goals.

Legal capacity of a legal entity. A legal entity may have civil rights corresponding to the objectives of the activity provided for in its constituent documents, and bear obligations related to this activity. Commercial organizations, with the exception of unitary enterprises and other types of organizations provided for by law, may have civil rights and bear civil obligations necessary to carry out any type of activity not prohibited by law (general legal capacity).

A legal entity may engage in certain types of activities, the list of which is determined by the Federal Law "On Licensing Certain Types of Activities" only on the basis of a special permit - a license (special legal capacity).

The general legal capacity of a legal entity arises at the moment of its creation (at the moment of its state registration) and terminates at the moment of completion of its liquidation.

38. Creation, reorganization, liquidation of a legal entity

A legal entity upon its creation is subject to state registration with an authorized state body.

The document confirming the fact of registration is a certificate of state registration of a legal entity.

Reorganization of a legal entity is a way of terminating the legal status of a legal entity or the formation of a new one, entailing relations of succession of legal entities.

Types of reorganization legal entity:

1) when a legal entity merges with another legal entity (other legal entities), all rights and obligations of each of them, in accordance with the deed of transfer, are transferred to the legal entity that has arisen as a result of the merger;

2) when joining one legal entity (several legal entities) to another legal entity to the latter;

3) upon reorganization in the form of division, two or more new legal entities are created, and the former ceases to exist;

4) reorganization of a legal entity in the form of separation;

5) upon reorganization of a legal entity in the form of transformation, a significant change in its status occurs.

A legal entity is considered reorganized from the moment of state registration of newly emerged legal entities.

The liquidation of a legal entity is carried out:

1) by a court decision in the event of gross violations of the law committed during its creation;

2) on the initiative of its founders.

Actions to liquidate a legal entity.

1. The liquidation commission publishes in the press a publication on its liquidation and on the procedure and term for filing claims by its creditors. This period may not be less than two months from the date of publication of the liquidation.

2. The liquidation commission takes measures to identify creditors and collect receivables, and also notifies creditors in writing of the liquidation of a legal entity.

3. At the end of the period for the presentation of claims by creditors, the liquidation commission draws up an interim liquidation balance sheet, which is approved by the founders (participants) of the legal entity or the body that made the decision to liquidate the legal entity and submitted to the registering body.

4. If the funds available to the liquidated legal entity are insufficient to satisfy the claims of creditors, the liquidation commission shall sell the property of the legal entity at public auction in the manner established for the execution of court decisions.

5. The liquidation of a legal entity is considered completed, and the legal entity - ceased to exist after making an entry about this in the Unified State Register of Legal Entities.

39. General provisions on obligations. Parties to the obligation

By virtue of an obligation, one person (the debtor) is obliged to perform a certain action in favor of another person (the creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from debtor to fulfill his obligations.

Grounds for the emergence of obligations - the following legal facts:

1) the existence of an agreement between the parties. Obligations arising from contracts are subject to the general provisions on obligations;

2) if the transaction is unilateral;

3) in case of causing harm to an individual, his property or property of a legal entity in accordance with Art. 1064 of the Civil Code of the Russian Federation. The consequence of causing harm is the obligation to compensate for the damage caused (both property and moral in accordance with the requirements of Article 1099 of the Civil Code of the Russian Federation);

4) in case of unjust enrichment in accordance with Art. 1102 of the Civil Code of the Russian Federation (unfoundedly acquired or saved property). A person who has acquired or saved property at the expense of another person without the grounds established by law, other legal acts or transactions, is obliged to return it. An exception is left for the cases provided for in Art. 1109 of the Civil Code of the Russian Federation;

5) on other grounds: they include the find (because there is an obligation of the owner, another person to reimburse the finder of his expenses in accordance with Article 229 of the Civil Code of the Russian Federation), the detention of a neglected pet (because there is an obligation of the owner to the person who detained him, the necessary expenses in accordance with Article 232 of the Civil Code of the Russian Federation).

Parties to the obligation: creditor and debtor.

A creditor is a party that has the right to require the other party to perform a certain obligation. A debtor is a party that has an obligation in favor of the other party, it is considered a debtor in what it is obliged to do in its favor.

Both parties to the obligation bear mutual rights and obligations. For example, the first party is obliged to transfer a certain thing to the second party and receive a certain amount of money for it. Until the performance of the obligation to transfer the thing, it is both a debtor and a creditor. After the transfer of the thing, it is only a creditor.

It should be noted that the structure of legal relations is not always simple when one creditor corresponds to one debtor. The plurality of persons in an obligation implies the possibility of having several persons on the side of both the creditor and the debtor.

The obligation does not create obligations for persons not participating in it as parties (for third parties).

40. Fulfillment of obligations

Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with the customs of business turnover or other commonly required requirements (i.e. in the place, within the time limits specified by the parties , as well as the right person).

An obligation is duly performed if it is performed to the proper person, at the proper time and in the proper place.

1. The obligation must be performed by the debtor proper person (Article 312 of the Civil Code of the Russian Federation). The debtor has the right, when performing the obligation, to demand proof that the performance is accepted by the creditor himself or by a person authorized by him to do so.

2. Deadline for performance of the obligation. The obligation must be fulfilled within a certain period established by law, other legal acts, transaction or appointed by the court. The term is determined by a calendar date or the expiration of a period of time (Article 190 of the Civil Code of the Russian Federation). Article 314 of the Civil Code of the Russian Federation allows us to distinguish the following types of this category:

1) certain (calendar date of fulfillment of the obligation is specified in the contract);

2) determinable (if the obligation provides for or allows to determine the day of its execution or the period of time during which it must be performed);

3) on demand (the creditor has the right to demand the fulfillment of the obligation at his own discretion);

4) reasonable (in cases where the obligation does not provide for a period for its execution and does not contain conditions that allow determining this period, it must be performed within a reasonable time after the obligation arises).

The debtor is obliged to fulfill the unfulfilled obligation within seven days from the day the creditor submits a demand for its fulfillment, unless the obligation to fulfill another term arises from the law, other legal acts, the conditions of the obligation, business customs or the nature of the obligation.

3. Place of performance:

1) under the obligation to transfer a land plot, building, structure or other immovable property - at the location of the property;

2) under the obligation to transfer the goods or other property, providing for its transportation, - at the place of delivery of the property to the first carrier for its delivery to the creditor;

3) for other obligations of the entrepreneur to transfer goods or other property - at the place of manufacture or storage of property, if this place was known to the creditor at the time the obligation arose;

4) for all other obligations - at the place of residence of the debtor, and if the debtor is a legal entity - at the place of its location.

41. Liability for breach of obligations

Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with business practices or other commonly required requirements (Article 309 of the Civil Code of the Russian Federation).

In the event of non-fulfillment or improper fulfillment by one of the parties of its obligations, the law allows the application of one of the following measures of a property nature in the form of liability for the violation committed:

a) depending on the basis of occurrence, into contractual (if an agreement has been concluded between the parties defining mutual obligations) and non-contractual (causing harm to a person or property in the absence of mutual obligations);

b) in the event that several persons who caused harm act on the side of the debtor, there is shared (the debtor is liable to the creditor within the limits of his share) or joint and several (the debtor is liable for performance to the creditor in full jointly with other debtors) liability.

Responsibility comes in the form of:

1) penalty (fine, penalty);

2) accrual and payment of interest for the use of other people's funds due to their unlawful retention, evasion of their return, other delay in their payment or their unjustified receipt or saving at the expense of another person in accordance with Art. 395 of the Civil Code of the Russian Federation;

3) performance of an obligation performed by a third party at the expense of the debtor;

4) taking away the thing that the debtor had to transfer;

5) compensation for damages in accordance with Art. 393 of the Civil Code of the Russian Federation. Losses are determined in accordance with Art. 15 of the Civil Code. If a penalty is established for non-fulfillment or improper fulfillment of an obligation, then losses are reimbursed to the extent not covered by the penalty (Article 394 of the Civil Code of the Russian Federation);

6) payment to the bank that provided the bank guarantee of the amount of debt and, accordingly, loss of confidence.

7) retention by the creditor of property (also a measure to secure an obligation in accordance with Article 359 of the Civil Code of the Russian Federation);

8) loss of the deposit. According to paragraph 2 of Art. 381 of the Civil Code of the Russian Federation, if the party that gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party that received the deposit is responsible for non-performance of the contract, it is obliged to pay the other party the double amount of the deposit. A deposit is a sum of money issued by one of the contracting parties on account of payments due from it under the contract to the other party, as evidence of the conclusion of the contract and to ensure its execution (Article 380 of the Civil Code of the Russian Federation).

42. Unilateral refusal to fulfill an obligation

Unilateral refusal from the fulfillment of an obligation and a unilateral change in its conditions are not allowed (Article 310 of the Civil Code of the Russian Federation). This rule is general.

Exceptions are:

1) cases provided for by law;

2) when the parties carry out entrepreneurial activities in the cases provided for by the contract, unless otherwise follows from the law or the essence of the obligation.

If the obligation cannot be performed by the debtor due to the following events:

1) the absence of the obligee or the person authorized by him to accept performance in the place where the obligation is to be performed;

2) incapacity of the creditor and absence of his representative;

3) the obvious lack of certainty as to who is the creditor under the obligation, in particular in connection with a dispute on this issue between the creditor and other persons;

4) the creditor's evasion from accepting performance or any other delay on his part.

The debtor has the right to deposit the money or securities due from him into the deposit of a notary, and in cases established by law, into the deposit of the court. This action of the debtor is considered the fulfillment of the obligation (Article 328 of the Civil Code of the Russian Federation).

A unilateral refusal to fulfill obligations may take place in cases specified by law (Article 310 of the Civil Code of the Russian Federation).

In the event of a unilateral refusal to fulfill the contract in whole or in part, the contract is considered terminated or amended (clause 3, article 450 of the Civil Code of the Russian Federation). The supply contract is considered to be amended (terminated) from the moment a party receives a notification from the other party about a unilateral refusal to perform the contract in whole or in part (unless other terms are provided in the notification or are not determined by agreement of the parties) (Clause 4, Article 523 of the Civil Code of the Russian Federation).

It is necessary to distinguish between a unilateral refusal to fulfill an obligation and a change or termination of the contract at the request of one of the parties. The right to unilateral termination of the contract is exercised in accordance with Article 452 of the Civil Code. If there are grounds for this specified in the law or the contract, the initiating party proposes to terminate or amend the contract. If the other party objects or fails to respond within the prescribed period to the proposal to amend or terminate the contract, the obligation is terminated on the basis of a court decision. That is, if the agreement of the parties on the termination of the contract is not reached, the legal fact terminating the obligation (contract) is a court decision. A unilateral refusal to fulfill an obligation is a unilateral transaction that terminates an obligation out of court.

43. The concept of a contract

Contract - this is an agreement of two or more persons on the establishment, change or termination of civil rights and obligations. The contract is two - or multilateral transactions. The contract is one of the grounds for the emergence of an obligation, and the general provisions of the law of obligations apply to it.

According to Art. 1 of the Civil Code of the Russian Federation, the parties have the right to independently decide with whom, under what conditions (not contrary to law) and what contracts to conclude (freedom of contract). The parties to the contract (individuals and legal entities), when signing it, must have free will, be property independent and independent.

Signs of a contract when the parties implement the principle of freedom of contract:

1. The parties independently determine the need to conclude an agreement, as well as with whom to enter into contractual relations. Coercion to conclude an agreement is allowed only in cases expressly stipulated in the legislation (according to Article 445 of the Civil Code of the Russian Federation) or a voluntarily accepted obligation (a preliminary agreement, the procedure for concluding which is provided for in Article 429 of the Civil Code of the Russian Federation).

2. The parties have the right to determine the type of contract to be concluded, provided that it does not contradict the current legislation.

3. The parties themselves determine the terms of the contract at their own discretion. In practice, the following classification of contracts is used:

1) for paid and non-paid contracts (Article 423 of the Civil Code of the Russian Federation. If a party under the contract must receive payment or other consideration for the performance of its duties, the contract is paid (lease, sale, contract, and so on).

2) a public contract (Article 426 of the Civil Code of the Russian Federation) is an agreement concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it.

3) an accession agreement (Article 428 of the Civil Code of the Russian Federation) - its terms are determined by one of the parties in a standard form (main agreement) before the conclusion of an accession agreement (for example, an agreement for the carriage of goods by rail).

4) preliminary agreement (Article 429 of the Civil Code of the Russian Federation) - the parties undertake to conclude the main agreement in the future on the terms determined by the preliminary agreement.

5) an agreement in favor of a third party (Article 430 of the Civil Code of the Russian Federation) - according to its terms, the debtor is obliged to perform performance not to the creditor, but to a third party specified or not specified in the agreement, which has the right to demand performance of the obligation from the debtor.

44. Conclusion of the contract. General provisions

The contract is considered concluded if the parties, in the form required in appropriate cases, have reached an agreement on all its essential terms. Essential conditions (except for those regarding which, at the request of one of the parties, an agreement must be reached) are:

- about the subject of the contract;

- conditions specified in the law or other legal acts as essential or necessary for contracts of this type (Article 432 of the Civil Code of the Russian Federation).

If the law does not establish a specific form for contracts of this type, it can be concluded in any form provided for transactions.

Forms of contracts:

- oral form (Article 158 of the Civil Code of the Russian Federation);

- simple written form;

- notarized contracts;

- state registration of all contracts relating to transactions with land and other real estate. The registration procedure is regulated by the Federal Law "On state registration of rights to real estate and transactions with it", Art. 131 and 164 of the Civil Code of the Russian Federation.

The Civil Code of the Russian Federation establishes a general rule that transactions of legal entities between themselves, as well as with individuals, must be concluded in writing.

One of the main ways to conclude a contract is to send an offer by one party to the other party. Offer - this is an offer addressed to one or several specific persons, containing essential conditions, to conclude an agreement (Article 435 of the Civil Code of the Russian Federation). Offer form - written or oral. If at the same time or earlier than the offer a notice of its withdrawal is received, the offer shall be deemed not received.

Acceptance - This is the response of the person to whom the offer is addressed, about its acceptance. Silence is not an acceptance, if the law, business customs, previous business relations do not allow otherwise (Article 438 of the Civil Code of the Russian Federation). If the party that received the offer stipulates conditions different from those offered, this answer is not an acceptance, but a counter offer.

The contract is considered concluded if the acceptance is received by the person who sent the offer within the period specified in it (Article 440 of the Civil Code of the Russian Federation).

If the period for acceptance is not specified in the written offer, the contract is considered concluded if the acceptance is received by the person who sent the offer before the expiration of the period established by law or other legal acts, and if such a period is not established, within the normally necessary time (Article 441 of the Civil Code RF).

For contracts, the subject of which is the transfer of property, the moment of conclusion is the moment of transfer of property (Article 224 of the Civil Code of the Russian Federation). If the contract is subject to state registration, it is considered concluded from the moment of its registration.

45. Mandatory conclusion of a contract

The law provides for cases when the parties must conclude an agreement without fail (Article 445 of the Civil Code of the Russian Federation). These norms are dispositive in nature, and the parties are given the right to agree on other terms and a different procedure (clause 3 of article 445 of the Civil Code of the Russian Federation).

Duty to conclude a contract arises from:

1) law (public contract, norms governing the conclusion of a contract at an auction);

2) agreement (preliminary agreement, prolongation of the lease agreement).

If a party, for whom, in accordance with the Civil Code of the Russian Federation or other laws, the conclusion of an agreement is mandatory, evades its conclusion, the other party has the right to apply to the court with a demand to compel the conclusion of an agreement.

The contract can be concluded by holding an auction with the person who won the auction. In cases stipulated by law, certain types of contracts may be concluded only at auctions (investment tenders, government contracts, sale of pledged property).

At the auction it is impossible to conclude donation agreements, on joint activities. Bidding is held in the form of an auction or competition, which in turn may be open or closed. Any person can take part in an open auction or competition, only specially invited persons can take part in a closed auction. An auction or competition shall be declared invalid if only one participant took part in them. The winner of the auction is the person who offered the highest price, and according to the tender - the person who (according to the conclusion of the tender commission) offered the best conditions. Bidding conducted in violation of the rules established by law may be declared invalid. The basis for declaring them invalid is the decision of the court.

The person concerned has the right to file a claim. The consequence of declaring the auction invalid is the invalidity of the contract concluded with the person who won the auction (Article 449 of the Civil Code of the Russian Federation). According to paragraph 27 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of February 25, 1998 No. 8 "On some issues of the practice of resolving disputes related to the protection of property rights and other property rights", public auctions held in the manner established for the execution of judicial acts and acts other bodies referred to in Art. 1 of the Federal Law "On Enforcement Proceedings" may be declared invalid at the claim of an interested person in case of violation of the rules for conducting auctions established by law. Disputes about the recognition of such auctions as invalid are considered according to the rules established for invalidating voidable transactions.

46. Modification and termination of the contract

Amendment or termination of the contract is possible by mutual agreement of the parties, unless otherwise provided by law or the contract itself.

Modification and termination of the contract entail legal consequences. When the contract is amended, the obligations of the parties remain unchanged. Upon termination of the contract, the obligations of the parties cease (Article 453 of the Civil Code of the Russian Federation).

The exclusive right to change or terminate the contract (unless it is provided by law or the terms of the agreement) belongs to the court.

At the request of one of the parties, the contract may be amended or terminated by a court decision in the following cases:

1) in the event of a material breach of the contract by the other party. Violation of the contract by one of the parties is recognized as essential, which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract (Article 450 of the Civil Code of the Russian Federation);

2) due to a significant change in circumstances. A change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different conditions (Article 451 of the Civil Code of the Russian Federation).

3) in other cases provided for by the Civil Code of the Russian Federation, other laws or the contract itself.

The contract may be terminated or amended by the court at the request of the interested party only if the following conditions are present simultaneously:

1) at the time of the conclusion of the contract, the parties proceeded from the fact that such a change in circumstances would not occur;

2) the performance of the contract without changing its terms would so violate the balance of property interests of the parties corresponding to the contract and would cause such damage to the interested party that it would largely lose what it had the right to count on when concluding the contract;

3) it does not follow from the customs of business transactions or the essence of the contract that the risk of a change in circumstances is borne by the interested party.

When terminating the contract due to materially changed circumstances, the court, at the request of either party, determines the consequences of terminating the contract based on the need for a fair distribution between the parties of the costs incurred by them in connection with the execution of this contract.

The consequence of changing and terminating the contract is the fact that the parties cannot demand the return of what they performed under the obligation before the moment the contract was changed or terminated, unless otherwise provided by law or by agreement of the parties (clause 4, article 453 of the Civil Code of the Russian Federation).

47. The concept and content of property rights

Property law is an important part of civil legislation, it forms the basis of economic relations of the subjects of the country's legal relations.

The right of ownership is a primary right among other rights in rem.

Property rights - an absolute right, since it simultaneously implies rights:

- possession (possibility of real possession of a thing);

- use (the actual ability of the owner to use the thing, while deriving profit from it);

- disposal of their property (the ability of the owner to determine the fate of things).

The owner has the right, at his own discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in another way. These powers constitute the content of the property right. Everyone has the right to be an owner, i.e., has the right to own, use and dispose of his property and other objects of property both individually and jointly with other persons.

The owner can transfer his property for trust management to another person (trustee), while he does not lose the ownership of the property.

Legislation creates restrictions on the rights of the owner. So, for example, Art. 36 of the Constitution of the Russian Federation imposes a ban on the owner of a land plot to cause damage to the environment, violate the rights and legitimate interests of others. Article 209 of the Civil Code of the Russian Federation also states that the possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not damage the environment and does not violate the rights and legitimate interests of others.

Ownership according to Art. 210 of the Civil Code of the Russian Federation is not only a right.

Obligations of the owner:

1) the burden of maintaining property.

2) the risk of accidental loss or accidental damage to property. Features of the acquisition and termination of the right of ownership to property, possession, use and disposal of it, depending on whether the property is owned by a citizen or a legal entity, owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, can only be established by law.

48. Emergence and termination of ownership

Grounds for acquiring the right property (methods) are divided into primary and derivative.

1. In accordance with Art. 218 of the Civil Code of the Russian Federation, the right of ownership to a new thing manufactured or created by a person for himself in compliance with the law is acquired by this person. These methods include: ownership of the fruits, products, income received as a result of the use of property; on property that does not have an owner, the owner of which is unknown, or on property that the owner has renounced or for which he has lost the right of ownership; conversion to the property of things publicly available for collection; acquisition of the right of ownership by a bona fide purchaser of a thing.

2. In the case of a derivative acquisition of ownership, it depends on the predecessor, i.e. it passes from one person to another. Civil law provides for a number of agreements on the basis of which this transition is possible. These include: contracts of sale, exchange. Also, the basis for the derivative acquisition of property rights is inheritance. The right of ownership arises for the acquirer of a thing under a contract from the moment of its transfer, unless otherwise provided by law or the contract. By agreement of the parties, the right of ownership may arise from the moment of the actual transfer of the thing, the moment of its payment, the moment of registration (if the alienation of property is subject to state registration). Paragraph 1 of Art. 551 of the Civil Code of the Russian Federation provides that the transfer to the buyer of ownership of real estate under a contract for the sale of real estate is subject to state registration.

The right of ownership shall be terminated upon alienation by the owner of his property to other persons, waiver by the owner of the right of ownership, loss or destruction of property, and upon loss of the right of ownership to property in other cases provided for by law.

Compulsory seizure of property from the owner is not allowed, except in cases provided by law:

1) foreclosure on property for obligations;

2) alienation of property that, by virtue of law, cannot belong to this person (Article 238 of the Civil Code of the Russian Federation);

3) alienation of immovable property in connection with the withdrawal of a plot;

4) redemption of mismanaged cultural property, domestic animals;

5) requisition;

6) confiscation and others.

Termination of ownership occurs when legal facts occur:

1. by the will of the owner (alienation by the owner of the property belonging to him, renunciation of the right of ownership, loss or destruction of property, etc.).

2. contrary to the will of the owner.

49. Ownership of individuals and legal entities

The right of private property is protected by law. Citizens of the Russian Federation have the right to own, use and dispose of their property to meet their personal needs, for entrepreneurial activities and for other types of activities not prohibited by law.

At the same time, Art. 213 of the Civil Code of the Russian Federation, giving citizens and legal entities the right to own any property:

a) makes an exception for certain types of property, which, in accordance with the law, cannot belong to citizens or legal entities.

b) does not limit the quantity and value of property owned by citizens and legal entities, except in cases where such restrictions are established by law.

Civil legislation provides that from the moment property is entered into the authorized (share) capital and the state registration of the relevant legal entities, the founders (participants) of the named legal entities lose their ownership of this property. In addition, Art. 213 of the Civil Code of the Russian Federation establishes the following consequences in relation to the property of individuals who are founders (participants, members):

1) commercial and non-commercial organizations, except for state and municipal enterprises, as well as institutions financed by the owner;

2) public and religious organizations, charitable and other foundations. These legal entities are also the owners of the property they have acquired and can only use it to achieve the goals stipulated by their founding documents. The founders of these organizations lose the right to property transferred by them to the ownership of the relevant organization. In the event of liquidation of such an organization, its property remaining after the satisfaction of creditors' claims is used for the purposes specified in its constituent documents.

Commercial and non-profit organizations, except for state and municipal enterprises, as well as institutions financed by the owner, are the owners of property transferred to them as contributions (contributions) by their founders (participants, members), property received as a result of entrepreneurial activity, as well as property, acquired by these legal entities on other grounds.

In accordance with Under civil law, legal entities have the right to:

1) in the process of entrepreneurial activity, carry out transactions that do not contradict the law;

2) transfer the right to use the property to a third party;

3) in order to dispose of property, perform actions with it that do not contradict the law.

50. State and municipal property

Differences state property relations from property relations of other entities:

1. Any property may be in state ownership, including property withdrawn from circulation or limited in circulation.

2. Ways of acquiring property in the property can be used only by the state (collection of taxes).

3. The state has the right to enact laws regulating the limits of its rights and release from obligations.

The document confirming the ownership of subjects of federal, state and municipal property rights to individual objects is the corresponding register of federal, state and municipal property.

The rights of the owner on behalf of the Russian Federation and the constituent entities of the Russian Federation are exercised by the bodies and persons specified in paragraph 1 of Art. 125 of the Civil Code of the Russian Federation. On behalf of the municipality, the rights of the owner are exercised by local governments and the persons specified in paragraph 2 of Art. 125 of the Civil Code of the Russian Federation.

Management and disposal of objects of federal property, with the exception of cases provided for by legislative acts of the Russian Federation, is carried out by the Government of the Russian Federation.

The list of objects owned by the state is not limited. State property in the Russian Federation is property owned by the right of ownership of the Russian Federation (federal property), and property owned by the right of ownership of subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of a subject of the Russian Federation). Land and other natural resources not owned by citizens, legal entities or municipalities are state property.

The assignment of state property to federal property and to property of constituent entities of the Russian Federation is carried out in the manner prescribed by law.

According to Art. 130 of the Constitution of the Russian Federation, municipal property is not a type of state property. It is an independent form of ownership. Municipal property includes property owned by the right of ownership of urban and rural settlements, as well as other municipalities.

Local budget funds and other municipal property not assigned to municipal enterprises and institutions constitute the municipal treasury of the corresponding urban, rural settlement or other municipal formation.

51. Inheritance. Inheritance of property, its methods

Article 35 of the Constitution of the Russian Federation guarantees citizens the right to inherit, and also states that the right to private property is protected by law. Inheritance of property serves to protect the right of private property of citizens.

Upon inheritance, the property of the deceased (inheritance) passes to other persons in the order of universal succession, that is, in an unchanged form as a whole and at the same moment, unless otherwise follows from the rules of the Civil Code of the Russian Federation. Both the rights and obligations of the testator pass to the heir. Inheritance is an independent basis for acquiring ownership of property.

The place of opening of the inheritance is the last place of residence of the testator or the location of his property. The value of property is determined on the basis of its real market value in force at the time of opening the inheritance.

The testator has the right, at his own discretion, to dispose of any property or property rights belonging to him on the right of ownership, including those related to entrepreneurial activity.

The law only defines two modes of inheritance: by law and by will.

1. One of the basic principles of inheritance law: freedom of testamentary disposition of property belonging to a citizen, which is limited only by the rules on a mandatory share in the inheritance.

When inheriting by will the circle of persons called to inherit, the size of their shares in the estate are determined in the will of the testator. If two or more heirs are indicated in the will and the shares of the estate due to each of them are not indicated, it is considered that the estate is bequeathed to the heirs in equal shares.

A will may contain instructions regarding the property of only one testator. You can bequeath any property that belongs to the testator by right of ownership, even that which he may acquire in the future.

2. Legacy Inheritance is carried out in the absence of a will, that is, it takes place only when it is not changed by the will of the deceased.

When inheriting by law, the circle of persons called for inheritance is determined on the basis of the degree of kinship in relation to the testator. The order is established on the basis of the degree of kinship, which is determined by the number of births that separate relatives of one from another. The birth of the testator himself is not included in this number.

According to the law of the next stage, heirs are called to inherit only if there are no heirs of the previous stage (Article 1141 of the Civil Code of the Russian Federation).

52. Inheritance by law

Inheritance by law takes place when and insofar as it is not abrogated or modified by a will. An exception to this rule is established only for heirs by law, who are entitled to an obligatory share in the inheritance, regardless of the content of the will.

In the absence of a will, duly executed, the norm of the Civil Code of the Russian Federation comes into force in the part relating to inheritance by law. According to the Civil Code of the Russian Federation, the circle of heirs under the law has been significantly expanded - in fact, eight queues have been established. The property passes to the heirs listed in the law in accordance with the established order.

The heirs of the first stage include the closest relatives of the testator, who are children, spouse, parents (Article 1142 of the Civil Code of the Russian Federation). Accordingly, the second and other lines of inheritance include persons related to the testator by more distant family relations (Articles 1143-1145 of the Civil Code of the Russian Federation).

Inheritance of eight queues will cause difficulties. The search for heirs is not provided for by law.

The expansion of the circle of heirs under the law should contribute to a wider disposal of private property by its owner, including in the event of his death.

The Civil Code of the Russian Federation repeatedly emphasizes that property by inheritance passes to the heirs in equal shares.

Actually hereditary shares are not always equal. Thus, the surviving spouse is entitled to a half share in the jointly acquired property and inherits equally with other heirs in the second half, so that the spouse usually has a larger share. Grandchildren and nephews who inherit by right of representation (Article 1146 of the Civil Code of the Russian Federation) receive a share of their father or mother who died before the opening of the inheritance. Therefore, if there is more than one, they receive their parent's respective share, divided by the number of grandchildren or nephews. Therefore, not all heirs have equal shares.

But Inheritance by law is possible even if there is a will in the following cases:

1) the will has been declared invalid;

2) the heir under the will has renounced the inheritance;

3) the testator in the will has deprived all heirs according to the law of inheritance;

4) there are persons who have the right to an obligatory share in the inheritance.

Inheritance by law provides for:

1) equal shares of heirs;

2) compulsory shares of the necessary heirs;

3) shares of heirs in the bequeathed property;

4) the share of the surviving spouse;

5) inheritance by right of representation;

6) increment of hereditary shares;

7) a situation is possible when the shares can be determined by the heirs themselves (Article 1165 of the Civil Code of the Russian Federation).

53. Inheritance by will

Will - this is the order of the testator (testator) regarding the property belonging to him in the event of his death, set out in the form prescribed by law.

In terms of inheritance by will, the following is defined:

1) freedom of will, i.e. the testator has the right, at his discretion, to bequeath property to any persons, to determine the shares of heirs in the inheritance in any way, to deprive one, several or all heirs of the inheritance by law, without indicating the reasons for such deprivation, and also to include other order, cancel or change a perfect will;

2) written form, personally signed by the testator and notarized. Wills of servicemen certified by the command of the corresponding military unit, etc., are equated to notarial wills;

3) obligatory share in the inheritance. It is impossible to deprive the inheritance of those heirs whom the law provides with an obligatory inheritance share;

4) the secret of the will;

5) a closed will - the testator has the right to make a will without giving other persons, including a notary, the opportunity to familiarize themselves with its contents;

6) testament in emergency circumstances. The testator has the right to express his will in a simple written form, and write and sign it in his own hand in the presence of two witnesses;

7) testamentary refusal (legate). It represents an encumbrance that the testator has the right to impose on his heirs both by law and by will;

8) testamentary deposit. The testator has the right to impose on one or several heirs by will or by law the obligation to perform any action of a property or non-property nature aimed at achieving a generally useful goal.

Unworthy heirs - these are heirs who, by their deliberate illegal actions directed against the testator, one of his heirs or against the implementation of the last will of the testator, expressed in the will, contributed or tried to promote the calling of themselves or other persons to inherit, or contributed or tried to contribute to an increase in the due to them or other persons of a share of the inheritance, if these circumstances are confirmed in court.

In addition to these persons, the following persons are not entitled to inherit:

a) parents after children in respect of whom they were deprived of parental rights in court and not restored in these rights by the day the inheritance was opened;

b) citizens who maliciously evaded the fulfillment of their legal obligations to support the testator.

54. Extorted property

In the event that there are no heirs both by law and by will, or none of the heirs has the right to inherit, or all heirs are removed from inheritance (Article 1117 of the Civil Code of the Russian Federation), or none of the heirs accepted the inheritance, or all heirs refused from the inheritance, and at the same time, none of them indicated that they were renouncing in favor of another heir (Article 1158 of the Civil Code of the Russian Federation), the property of the deceased is considered escheated.

This property becomes the property of the Russian Federation. Thus, the subjects of the Federation and municipalities do not have the right to receive escheated property as a general rule.

Article 1151 of the Civil Code of the Russian Federation defines escheated property. It is recognized as escheat if one of the following conditions is met in relation to it:

1) there are no heirs by law and by will;

2) none of the heirs has the right to inherit;

3) all heirs are removed from the inheritance;

4) none of the heirs accepted the inheritance;

5) all heirs renounced the inheritance, and none of them indicated that they were renouncing in favor of another heir.

Thus, property becomes escheated if there are no heirs either by law or by will, or none of the heirs can accept the inheritance for one reason or another. It does not matter, as a result of which circumstances none of the heirs can accept the inheritance. The main condition for recognizing property as escheat is the very fact that none of the heirs can accept the inheritance.

The legal consequence of the recognition of property as escheat is its transfer by inheritance under the law to the property of the Russian Federation. There are no exceptions to this rule in the Civil Code of the Russian Federation.

A document confirming the state's right to inheritance is a certificate of the state's right to inheritance issued by a notary authority, or a court decision issued at the request of a prosecutor or a tax authority

Property that passes by inheritance to the state is transferred to the tax authorities, which take measures to protect and evaluate it. They also control the timeliness of the transfer of hereditary property to them. The notarial authority sends to the tax authority (which has received a certificate of the state's right to inheritance) an inventory of this property signed by a public notary, witnesses, and other persons who took part in the inventory. Realization of hereditary property is carried out by tax authorities. At the same time, buildings (including residential buildings) are transferred free of charge to the jurisdiction of local governments.

55. Family legislation of the Russian Federation

On March 1, 1996, the Family Code of the Russian Federation was enacted. Its provisions are largely based on the theses of the Code of Marriage and Family of the RSFSR of 1969. However, the legal norms governing family relations have been significantly updated.

SC RF It is an act that defines the entire system of family law. It establishes the basic principles of family law, defines the range of relations regulated by family law, defines the main institutions of family law: marriage, its conclusion and termination; rights and obligations of spouses; rights and obligations of parents and children; maintenance obligations of family members; forms of education of children left without parental care; and etc.

In addition to the Family Code of the Russian Federation, the system of family law in Russia also includes other federal laws and laws of the subjects of the federation, adopted in accordance with the Family Code of the Russian Federation.

On the basis of and in pursuance of the RF IC, by-laws may also be adopted, but only in cases directly provided for in the RF IC.

Allocate the following principles of family law:

1) voluntariness of the marriage union;

2) monogamy;

3) equality of rights and obligations of spouses in the family;

4) resolution of intra-family issues by mutual agreement;

5) priority of family upbringing of children;

6) concern for their welfare and development;

7) ensuring the protection of minors and disabled family members.

Family law establishes:

1) the conditions and procedure for entering into a marriage, terminating a marriage and declaring it invalid;

2) regulates personal and property relations between family members (spouses, parents, children (adoptive parents and adopted children), between other relatives, other persons;

3) determines the forms of placement in the family of children left without parental care.

In addition to the Family Code of the Russian Federation, the sources of Family Law are regulatory legal acts, the publication of which at the federal level is expressly provided for in the Family Code for the implementation of its provisions, namely:

a) The Federal Law of August 21, 1996 amended and supplemented b) The Government of the Russian Federation adopted resolutions on issues related to the placement of children left without parental care and the recovery of alimony for minor children (the requirements for this are provided for in Article 82, paragraph 3 article 122, article 127, paragraph 2 article 151, paragraph 1 article 155 of the Family Code);

c) The federal law "On acts of civil status" led to the introduction of amendments and additions to the Family Code. However, a number of inconsistencies that have arisen remain unresolved.

56. Legal regulation of property relations of spouses. Marriage contract

The property acquired by the spouses during the marriage shall be their joint property, unless an agreement between them establishes a different regime for this property. The Family Code of the Russian Federation (hereinafter referred to as the RF IC) introduces division of property into legal and contractual.

In accordance with the Family Code of the Russian Federation, spouses can change the legal regime of common joint ownership of property acquired during the marriage by establishing a regime for this property that is different from common joint ownership.

marriage contract an agreement of persons entering into marriage, or an agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution, is recognized. The form of the marriage contract is determined by Art. 41 RF IC. According to this norm, the marriage contract is concluded in writing and is subject to mandatory notarization.

Violation of the form of a marriage contract entails its nullity.

A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage.

The parties to a marriage contract may be:

1) spouses who are in a registered marriage;

2) persons entering into marriage.

A marriage contract may be concluded for a fixed period or without specifying such a period.

The contract may be concluded under a condition - revocable or suspensive.

The content of the marriage contract - this is the choice and establishment of the legal regime of property of spouses or future spouses (Article 42 of the RF IC). Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of a divorce.

A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions restricting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

Spouses have the right to determine by a marriage contract the procedure for dividing property in the event of divorce, which is especially important if one of the spouses was engaged in housekeeping and childcare, possibly sacrificing his professional interests for the benefit of the family.

57. Legal Regulatory Regime

Legal regime of property of spouses is the mode of their joint ownership.

The common property of the spouses includes:

1) the income of each of the spouses from labor, entrepreneurial activities and the results of intellectual work;

2) pensions, allowances received by them, as well as other cash payments that do not have a special purpose;

3) any other property not withdrawn from civil circulation, acquired by the spouses during the marriage, regardless of the name of which of the spouses it was acquired, registered or in whose name the funds were deposited.

The common property of the spouses is also movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of which or by which of the spouses the funds were deposited.

The property of each of the spouses is the property received by him during the marriage as a gift, but also under other gratuitous transactions.

In paragraph 2 of Art. 256 of the Civil Code names the types of property that are not part of the common joint property (the same types of property are reproduced in Article 36 of the UK). An exception of the Civil Code is made in relation to the property of each of the spouses, which can be recognized as their joint property if it is established that during the marriage, at the expense of the common property of the spouses or the personal property of the other spouse, investments were made that significantly increase the value of this property (major repairs, reconstruction , conversion, etc.). Moreover, even this rule cannot be applied if the contract between the spouses provides otherwise. Thus, spouses may provide in a marriage contract that in the event of even a significant increase in the value of property due to joint investments, the legal regime of their separate ownership of this property does not change.

The property of each spouse is:

1) property that belonged to each of the spouses before marriage;

2) property received by one of the spouses, even if during the marriage, but by way of inheritance;

3) property received by one of the spouses as a gift both from the second spouse and from third parties, as well as property received under other gratuitous transactions;

4) things for individual use, regardless of the time and grounds for acquisition, with the exception of jewelry and other luxury items.

58. Family rights of the child

The child has the right to exercise his family rights. The peculiarity of the realization of the rights of the child is that, along with the child himself, legal representatives and / or institutions that are obliged by law to protect his rights participate in the disposal of his rights.

The realization of family rights includes the form, methods, means, limits and other phenomena of a legal and factual order. The content of the behavior of children and / or legal representatives as persons participating in the implementation of the rights of children is the family rights of the child, the rights and obligations of parents (persons replacing them). Undoubtedly, the rights belong to the child. However, due to physical and mental immaturity, he is not always able to independently determine his behavior. Only in cases provided for by law, he can independently exercise some family law opportunities. So, at the age of up to fourteen years, a child has the right to express his opinion on issues affecting his interests, to independently apply for the protection of his rights to guardianship and guardianship authorities, to live and be brought up in a family, etc. At the age of fourteen to eighteen years, a child has the right to change his surname etc.

So dispose family rights both the child himself and his legal representatives. The degree and limits of participation are determined by family law. Among them are the following:

1. Child's age. In the case when the child has not reached the age of fourteen years, the degree of participation can be designated as the main, and in some cases - the only one. Before reaching the age of ten years, the child does not perform legally significant actions. At the same time, he can participate in the choice of forms of education, upbringing, in relations in terms of content. Upon reaching ten years, he has the right to express his opinion on the implementation of his rights, may be heard in court, etc.

2. Type and basis of connection between the child and legal representatives.

3. Legal status of the child. Two categories of children: children brought up in the families of their parents; orphans and children left without parental care and brought up in families of adoptive parents, guardians (custodians), foster parents, in institutions for children.

The legal representative cannot refuse to participate in the implementation of the rights of the child. Refusal may entail the deprivation or restriction of parental rights, the appointment of another person as a representative (in the event of a conflict between the interests of children and parents); cancellation of adoption, guardianship (guardianship), termination of the agreement on the transfer of the child to a foster family.

59. Property rights of the child

The RF IC emphasizes the independence of the property rights of a minor. According to family law, a child remains the owner of not only personal, but also property rights.

The IC of the Russian Federation imposes on the family the obligation to provide material support for minors, as well as disabled needy adult children. This guarantees the child's right to be cared for by his parents. This is one of the most typical examples of the merger of personal and property rights of a child in a family. In the absence of such care, the RF IC allows you to resort to the help of legal norms providing for maintenance obligations.

The RF IC makes a minor a subject of property rights in the family, as well as in industries not related to family relations. Part 2 Art. 35 of the Constitution of the Russian Federation gives every citizen the right to own property - to own, use and dispose of it both individually and jointly with other persons. The Constitution of the Russian Federation does not make any exceptions in this respect for minors. Article 213 of the Civil Code, devoted to the right of ownership of citizens (and legal entities), also makes no exceptions for minor owners who can acquire the right of ownership on a general basis.

A special place among the provisions of the Family Code of the Russian Federation devoted to the property rights of the child is occupied by the rules where the boundary is drawn between his property and the property of his parents. Paragraph 4 of Art. 6 °C RF contains a rule that children and parents living together can own and use each other's property by mutual agreement. The use of the term "children" in this context means that both minors and members of the family who have reached the age of majority are meant. On the other hand, spouses are liable for harm caused by their minor children in accordance with civil law. Foreclosure on the property of the spouses when they compensate for the harm caused by their minor children is carried out in accordance with paragraph 2 of Art. 45 RF IC.

Article 6 of the CC of the Russian Federation contains a link and refers to civil law, is in close contact with other branches of law. This emphasizes the complex, complex nature of the property rights of the child, in ensuring which the state should not take the last place.

Thus, the family legislation of the Russian Federation, insofar as it concerns the property rights of the child, complies with international standards. The UN Convention "On the Rights of the Child" contains provisions on the obligations of parents to provide for the child within their financial capabilities.

60. Custody and guardianship

Legal representatives - these are parents and persons replacing them: adoptive parents, guardians (custodians), adoptive parents, guardianship and guardianship authorities, institutions that are charged by law with the duty to protect the rights of children.

RF IC defines problem guardianship authorities. They are:

1) identify children left without parental care;

2) choose the forms of their device;

3) carry out subsequent control over the conditions of maintenance, upbringing, education of children;

4) give consent to the establishment of paternity in the event of the death of the mother, recognition of her incapable, deprivation of her parental rights;

5) resolve disagreements between parents regarding the name, surname of the child;

6) give permission to change the name, surname of the child;

7) appoint a representative of the child in case of disagreement between parents and children; have the right to apply to the court with a claim for the recovery of alimony for the maintenance of the child, as well as perform other actions aimed at the implementation and protection of the rights and interests of children.

Persons replacing parents are endowed only with opportunities to participate in forced implementation, as well as to protect the rights of the child. The guardian (custodian) and the child cannot have inheritance rights after each other, their rights are limited by time frames.

The connection between parents and children is determined by consanguinity, adoptive parents and children - by a decision on adoption, guardians (trustees) and children - by an administrative act, adoptive parents and children - by an agreement on the transfer of a child to a foster family.

Chapter 2 of the Criminal Code of the Russian Federation is aimed at achieving a special goal - ensuring the economic security of a minor, his maintenance and education:

a) the actions of guardians, curators of minors, as well as their parents in managing and disposing of the property and property rights of minors are placed under the strict control of guardianship and guardianship authorities, which are recognized as local governments;

b) the alienation of residential premises in which minor members of the owner's family live is allowed with the consent of the guardianship and guardianship authority;

c) donation on behalf of minor citizens by their legal representatives of property belonging to a person under fourteen years of age and valued at an amount exceeding five minimum wages established by law is not allowed.

According to Art. 156 of the Criminal Code of the Russian Federation provides for criminal liability for failure to perform or improper performance of the duties of raising a minor by a parent or other person who is entrusted with these duties.

61. General provisions of labor legislation

Labor legislation defines the necessary conditions to reconcile the interests of the employer and employee, the interests of the state, and also establishes the principles of legal regulation of labor and other relations directly related to them. Labor law performs the functions of social protection of the population. Basic principles Russian labor legislation:

1) labor is free, everyone has the right to freely dispose of their abilities to work, to choose the type of activity and profession;

2) forced labor is prohibited;

3) everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law;

4) the right to protection against unemployment.

The Labor Code of the Russian Federation defines the conditions under which work cannot be considered as forced labor:

a) work, the performance of which is conditioned by the legislation on military duty and military service or alternative civil service replacing it;

b) work performed in emergency situations (emergency, martial law, disaster, threat of disaster), etc.;

c) work as a result of a court verdict.

Objectives of labor law:

1) establishment of state guarantees of labor rights and freedoms of citizens;

2) creation of favorable working conditions;

3) protection of the rights and interests of employees and employers.

Tasks of labor legislation - legal regulation of labor relations in the following areas: organization of labor and labor management, employment, vocational training, retraining and advanced training of workers, social partnership, collective bargaining, conclusion of collective agreements, participation of workers and trade unions in establishing working conditions and applying labor legislation.

Labor law norms are contained in the following regulations:

- Labor Code of the Russian Federation;

- other federal laws, including labor protection legislation;

- Decrees of the President of the Russian Federation;

- Decrees of the Government of the Russian Federation and normative legal acts of federal executive bodies;

- Constitutions (charters), laws and other legal acts of the subjects of the Russian Federation that are in force within the boundaries of this subject of the Russian Federation;

- acts of local self-government bodies operating within the given municipality;

- local regulations adopted by employers and valid within the organization.

62. The concept of an employment contract

The regulation of labor relations can be carried out by concluding, amending, supplementing collective agreements, agreements, labor contracts by employees and employers. In labor law, the freedom of labor, guaranteed by the Constitution of the Russian Federation, is transformed into the freedom of an employment contract.

Employment contract - this is a bilateral agreement between an employee and an employer (Article 20 of the Labor Code of the Russian Federation), which regulates the organization, conditions, remuneration of an employee in the performance of his labor functions (official duties).

An employment contract (agreement) is one of the main grounds for the emergence of an employment relationship (legal relationship) between an employer and an employee. The principle of freedom of an employment contract underlies not only its voluntary conclusion, but also further labor relations.

Only with the conclusion and signing of an employment contract with the employer, a citizen becomes a member of this organization and is subject to its internal labor regulations, labor regime.

Features of the employment contract:

1) the subject is the personal performance of a certain labor function in the general labor process of a given organization;

2) the employee, in the process of performing the labor function, is subject to the rules of the internal labor regulations with the implementation of the established measure of labor;

3) the employer is obliged to organize the work of the employee, create normal working conditions for him, ensure labor protection, remunerate him systematically for actual work according to predetermined standards.

The totality of the terms and conditions of an employment contract constitutes its content. These conditions are established by law and specified, if necessary, by the parties when signing the contract. But at the same time, those conditions are stipulated that must be specified without fail.

Essential conditions of the employment contract:

1) place of work (indicating the structural unit);

2) date of commencement of work;

3) the name of the position, specialty, profession;

4) rights and obligations of the parties;

5) characteristics of working conditions;

6) regime of work and rest;

7) terms of remuneration;

8) types and conditions of social insurance;

9) about the test (if it is established by the parties);

10) term of the contract (if the contract is urgent).

The terms of an employment contract cannot reduce the scope of the rights and guarantees of employees established by labor legislation (Article 9 of the Labor Code of the Russian Federation).

The employment contract concluded by the parties may be changed only by agreement of the parties. The change is made in writing. An agreement to change the terms of an employment contract is an integral part of this contract.

63. Hiring

Agefrom which the conclusion of an employment contract is allowed - sixteen years.

Exception:

1) when receiving basic general education or leaving a general education institution - from the age of fifteen;

2) with the consent of one of the parents, and in their absence - of the guardian, curator and body of guardianship and guardianship, an employment contract may be concluded with a student who has reached the age of fourteen years, if this does not damage health and moral development (cinema organizations, theaters, theater and concert organizations, circuses) with the consent of one of the parents (guardian, trustee) and the body of guardianship and guardianship.

Guarantees, provided by law to an employee upon conclusion of an employment contract.

1) freedom of contract;

2) prohibition of unreasonable refusal to conclude an employment contract.

List of documentspresented at the conclusion of an employment contract:

1) passport;

2) military ID; identity card for military personnel (officers, warrant officers, midshipmen), if a person dismissed from the Armed Forces of the Russian Federation is hired;

3) if a citizen does not conclude an employment contract for the first time or does not enter a job on a part-time basis, he is obliged to provide the employer with a work book;

4) an insurance certificate of state pension insurance;

5) when applying for a job that requires special knowledge or special training, a document on education, obtaining the appropriate qualification or the availability of special knowledge;

6) in some cases, taking into account the specifics of the work, legislative acts may provide for an additional list of additional documents.

Unreasonable demand for other documents is illegal.

Employment history - it contains information about the employee, the work performed by him, the transfer to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work.

When an employee is dismissed, all records are certified by the signature of his manager or a person specially authorized by him and a seal.

Hiring test. This condition is established by agreement of the parties when hiring and must be specified in the employment contract. In case of an unsatisfactory result of the test, the employer has the right to terminate the employment contract with the employee without paying him a severance pay before the expiration of the test period. The employee also has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance.

64. Termination of an employment contract

An employment contract may be terminated on the grounds provided for by the Labor Code of the Russian Federation, which is drawn up by order of the head.

Employment contract can be terminated by agreement of the parties at any time, a fixed-term employment contract - upon expiration; concluded for the period of performance of a certain work, is terminated upon its completion, for the period of performance of the duties of an absent employee - with the release of this employee to work, for the period of performance of seasonal work - after a certain season at the initiative of the employee.

Termination of the employment contract at the initiative of the employer:

1. Liquidation of the organization and reduction in the number or staff of the organization's employees.

2. Inconsistency of the employee with the position held or the work performed due to the state of health of the employee; insufficient qualifications, confirmed by the results of certification.

3. Change of the owner of the property of the organization.

4. Repeated non-performance by the employee of labor duties.

5. A single gross violation of labor duties by an employee (absenteeism; appearing at work in a state of alcoholic, narcotic or other toxic intoxication; disclosure of a legally protected secret that became known to the employee in connection with the performance of his labor duties; committing theft of someone else's property at the place of work, embezzlement, deliberate destruction or damage).

6. The commission of guilty acts by an employee directly serving monetary or commodity values, on this basis, only those employees who directly serve monetary or commodity values can be dismissed.

7. Commitment by an employee of an immoral offense.

8. Making an unreasonable decision by the head of the organization, his deputies and the chief accountant, which entailed a violation of the safety of property.

9. A single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties.

10. Submission by the employee to the employer of false documents or deliberately false information when concluding an employment contract.

11. Termination of access to state secrets, if the work performed requires access to state secrets.

12. On the grounds provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization.

13. In other cases established by the Labor Code of the Russian Federation and other federal laws.

14. Termination of an employment contract due to circumstances beyond the control of the parties.

15. Violation of the mandatory rules established by the Code when concluding an employment contract.

65. Labor discipline

Labor discipline - obligatory for all employees obedience to the rules of conduct determined in accordance with labor legislation, collective agreement, agreements, labor contract, local regulations of the organization.

Labor schedule of the organization determined by the internal labor regulations (local regulations), which are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. They regulate the procedure for hiring and dismissing employees, the rights and obligations of the parties to the employment contract, the mode of work and rest time, incentives and penalties applied to employees, etc. The internal labor regulations are adopted at the enterprise in order to ensure the rational use of working time by each employee and increase productivity labor.

In addition to the internal labor regulations, in certain sectors of the economy for certain categories of workers there are charters and regulations on discipline, which are approved by the Government of the Russian Federation in accordance with federal laws.

As measures of the employer in relation to the employee for the conscientious performance of his labor duties, aimed at recognizing labor merits, honoring both individual employees and the team of employees, the Labor Code of the Russian Federation calls reward for work. Contained in Art. 191 of the Labor Code of the Russian Federation, the list of incentive measures is not exhaustive. Incentive measures can be divided into two types: moral and material. It is allowed to apply several incentives to an employee at the same time.

The Labor Code of the Russian Federation provides the employer with the right to apply disciplinary action to an employee who committed a violation of labor discipline.

Basis of liability always serves as a disciplinary offense committed by a particular employee. Bringing to disciplinary responsibility is the right, but not the obligation of the employer. The employer has the right to apply one of the specified measures: remark, reprimand, dismissal (not necessarily in the specified sequence). Dismissal is applied for repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction.

Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline.

When applying a disciplinary measure by the administration with general disciplinary liability, the severity of the misconduct, the harm caused by it, the circumstances under which it was committed, and the general characteristics of the person who committed the disciplinary offense should be taken into account.

66. Land legislation

Land legislation consists of the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation), federal laws, laws of the constituent entities of the Russian Federation adopted in accordance with federal laws, decrees of the President of the Russian Federation, which should not contradict the Land Code and federal laws.

Normative acts adopted prior to the entry into force of the Land Code of the Russian Federation and regulating land relations are applied to the extent that they do not contradict the Land Code.

The value of the ZK RF:

- stabilization of the composition of lands, assigning them to one of seven categories according to their intended purpose;

- consolidation of the foundations of state management of land resources (monitoring, land management, state land cadastre, state, municipal, production control, judicial review of disputes);

- consolidation and protection of the rights of citizens;

- delimitation of powers between the Federation and its subjects, municipalities in accordance with the Constitution of the Russian Federation, in accordance with Art. 36 of which the conditions and procedure for the use of land are determined on the basis of federal law.

The Land Code identifies as objects of land relations the following objects: land as a natural object and natural resource; land; parts of land.

A land plot as an object of land relations can be divisible and indivisible (clause 2, article 6 of the Land Code of the Russian Federation).

The lands are separated by intended purpose: on agricultural land; settlement lands; lands of industry, energy, transport, communications, broadcasting, television, informatics, lands for space activities, lands for defense, security and lands for other special purposes; lands of specially protected territories and objects; forest fund lands; water fund lands; reserve land.

All listed categories of lands should be used in accordance with their intended purpose.

Land transfer procedure from one category to another:

- federally owned lands - by the Government of the Russian Federation;

- lands owned by the constituent entities of the Russian Federation, and agricultural lands owned by municipalities - by the executive authorities of the constituent entities of the Russian Federation;

- lands owned by municipalities, with the exception of agricultural lands, - by local governments;

- privately owned lands: - agricultural lands - by the executive authorities of the constituent entities of the Russian Federation;

- lands of other purpose - by local governments.

67. Participants and subjects of land legal relations

Land and other natural resources are used and protected as the basis for the life and activities of the peoples living in the respective territory, and may be in private, state, municipal and other forms of ownership.

Participants of land legal relations:

1) individuals (citizens of the Russian Federation, foreign citizens, stateless persons);

2) legal entities (including foreign legal entities);

3) Russian Federation;

4) subjects of the Russian Federation;

5) municipalities.

Participants in land relations can be divided into two groups:

1. The Russian Federation, constituent entities of the Russian Federation, municipalities, as well as the legal status of authorities - their status is determined by the norms of public law (constitutional, administrative). Their legal status is determined by the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions (charters) of the constituent entities of the Russian Federation and other regulatory legal acts adopted in their development and in accordance with them.

2. Citizens and legal entities - their status is determined by the rules of private law (civil). The legal status is determined by the norms of civil law.

Unless otherwise established by federal laws or an international treaty of Russia, foreign citizens, stateless persons and foreign legal entities are vested with the same rights as Russian citizens and legal entities. For example, according to paragraph 3 of Art. 15 of the Land Code of the Russian Federation defines the lists of territories that they cannot possess on the basis of the right of ownership, including purchase or acquisition on other grounds of ownership; Art. 22 of the LC, dealing with lease issues, begins with the powers of foreigners. Foreign citizens, stateless persons and foreign legal entities, in accordance with land plots, are granted ownership only for a fee, the amount of which is established by the Labor Code of the Russian Federation.

Depending on the type of rights subjects of land relations are divided into five categories:

1) owners of land plots - persons who are owners of land plots;

2) land users - persons owning and using land plots on the right of permanent (unlimited) use or on the right of gratuitous fixed-term use;

3) landowners - persons owning and using land plots on the basis of the right of lifetime inheritable possession;

4) tenants of land plots - persons owning and using land plots under a lease agreement, a sublease agreement;

5) easement holders - persons who have the right to limited use of other people's land plots (servitude).

68. Forms of land rights. Own

1. Private ownership of land.

Citizens and legal entities own land plots acquired by citizens and legal entities on the grounds provided for by the legislation of the Russian Federation, and all citizens and legal entities have the right to equal access to the acquisition of land plots for ownership.

Land plots that are in state or municipal ownership may be provided for the ownership of citizens and legal entities, with the exception of land plots that, in accordance with the Land Code and federal laws, cannot be privately owned.

The land owner has the right:

1) to use for their own needs the common minerals, fresh underground waters, as well as closed reservoirs available on the land plot;

2) erect buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of the law, rules and regulations;

3) carry out land reclamation work, build ponds and other closed water bodies;

4) to exercise other rights to use the land plot provided for by law.

The right of private ownership of a land plot ceases for the following reasons:

1) in case of alienation by the owner of his land plot to other persons;

2) upon refusal of the owner from the right of ownership to the land plot;

3) by virtue of forced withdrawal from the owner of his land plot in the manner prescribed by civil law.

2. State and municipal ownership of land.

В property of the Russian Federation, subjects of the Russian Federation, municipalities there are land plots that:

a) are recognized as such by federal laws;

b) the ownership right of the Russian Federation to which arose during the delimitation of state ownership of land;

c) acquired on the grounds provided for by civil law.

Subjects of the Russian Federation may own land plots that have not been granted to private ownership:

1) occupied by immovable property owned by subjects of the Russian Federation;

2) provided to the state authorities of the constituent entities of the Russian Federation, state unitary enterprises and state institutions established by the state authorities of the constituent entities of the Russian Federation;

3) occupied by privatized property that was in the ownership of subjects of the Russian Federation before its privatization.

В municipal property to ensure their development, state-owned lands can be transferred free of charge.

69. Permanent (unlimited) use of land plots. Lifetime inheritable possession of land. Rent. easement

The person to whom the land has been granted permanent use, exercises possession and use of this site, uses the site for the purposes for which it is provided.

Land legislation is aimed at ousting this right. To achieve these goals, the state provides for the following:

1) the law limits the range of subjects to which land plots can be provided for permanent (perpetual) use;

2) individual subjects of land legal relations are expressly prescribed the need to change the legal regime of the land plot that they possess.

Lifetime inheritable land ownership.

The procedure for using land plots by the right holder is similar to the procedure for using land plots provided for permanent use. The provision of land plots to citizens on the basis of the right of lifetime inheritable possession after the entry into force of the Land Code is not allowed.

Lease of land plots.

Provision of land plots for rent by their owners is carried out in accordance with civil and land legislation. A lease agreement for a land plot is concluded in writing and is subject to state registration (with the exception of short-term lease agreements for land plots). The lease agreement for a land plot, like any other property, is paid.

The lease of a land plot is terminated on the grounds and in the manner prescribed by civil law.

easement - this is the right of limited use of someone else's land to meet certain needs of the owner of real estate (passage and passage through a neighboring land, laying and operating power lines, communications and pipelines, providing water supply and melioration, etc.) that cannot be provided to others way (Article 274 of the Civil Code of the Russian Federation).

Land legislation enshrined two types of services:

1) a private easement (established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot);

2) a public easement is established taking into account the results of public hearings by a law or other regulatory legal act of the Russian Federation, a regulatory legal act of a constituent entity of the Russian Federation, a regulatory legal act of a local government body in cases where this is necessary to ensure the interests of the state, local government or local population, without seizure of land plots.

70. Fundamentals of the tax system of the Russian Federation. Sources of tax law

The adoption of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation) resulted in the formation of an extensive network of state bodies that ensure the organization of tax collection; introduction of a tax accounting and control system; formation of a relatively stable system of taxation.

Article 2 of the Tax Code of the Russian Federation defines relations regulated by the legislation on taxes and fees of the Russian Federation:

1) power relations for the establishment, introduction and collection of taxes and fees in the Russian Federation,

2) relations that arise in the process of exercising tax control, appealing against acts of tax authorities, actions (inaction) of their officials and bringing to responsibility.

Legal content of the Tax Code of the Russian Federation:

1) types of taxes and fees;

2) the grounds for the emergence, change and termination of tax legal relations,

3) the procedure for fulfilling obligations to pay taxes and fees;

4) rights and obligations of taxpayers and tax authorities;

5) forms and methods of tax control;

6) liability for committing tax offenses;

7) the procedure for appealing against actions or omissions of tax authorities and their officials.

The main tasks of the tax authorities is to control:

a) compliance with tax laws;

b) the completeness and timeliness of making state taxes and other payments to the relevant budget;

c) control carried out in accordance with the legislation of the Russian Federation on currency regulation and currency control.

Sources (forms) of tax law - these are officially defined external forms, which contain the rules governing relations arising in the process of taxation, i.e., forms of the external content of tax law.

The system of acts regulating tax law:

1) the Constitution of the Russian Federation;

2) legislation on taxes and fees includes the following elements:

a) federal legislation on taxes and fees;

b) regional legislation on taxes and fees;

c) regulatory legal acts on taxes and fees adopted by the representative bodies of local self-government.

By-laws include:

1) acts of bodies of general competence:

a) decrees of the President of the Russian Federation;

b) Decrees of the Government of the Russian Federation;

c) subordinate normative legal acts;

2) acts of bodies of special competence:

a) departmental subordinate regulatory legal acts of bodies of special competence on issues related to taxation, the publication of which is expressly provided for by the Tax Code of the Russian Federation;

b) decisions of the Constitutional Court of the Russian Federation;

c) norms of international law and international treaties of the Russian Federation.

71. Taxes and fees

Taxes and fees - These are two types of mandatory budget payments that define the concept of "tax payments".

Tax - this is a mandatory, individually gratuitous payment levied from organizations and individuals in the form of alienation of funds belonging to them on the basis of ownership, economic management or operational management of funds in order to financially support the activities of the state and (or) municipalities. The essence of the tax lies precisely in the alienation of funds owned by individuals on the basis of the right of ownership, economic management or operational management of funds.

Collection of tax - not an arbitrary deprivation of the owner of his property, it is a legal seizure of part of the property, arising from a constitutional public law duty.

Signs of taxes:

1) imperative-mandatory nature, since the payment of taxes is a constitutional and legal obligation;

2) individual gratuitousness, since the payment of tax does not give rise to a counter obligation of the state to perform certain actions in favor of a particular taxpayer. Having paid the tax, the taxpayer does not acquire additional subjective rights. This feature distinguishes taxes from fees that are partially reimbursable;

3) monetary form - payment of taxes in the Russian Federation is made in cash or non-cash form. The means of payment is the currency of the Russian Federation. This is one of the differences between a tax and a fee, referred to in the Tax Code of the Russian Federation as a contribution. The contribution can be made both in cash and in other forms;

4) the public and non-targeted nature of taxes - it is taxes and fees that make up the vast majority of the revenue sources of the state and municipalities.

Collection - this is a mandatory contribution levied from organizations and individuals, the payment of which is one of the conditions for the commission of legally significant actions in relation to payers of fees by state bodies, local governments, other authorized bodies and officials, including the granting of certain rights or the issuance of permits (licenses).

The obligation to pay tax and (or) duty is terminated:

1) with the payment of a tax and (or) a fee by a taxpayer or a fee payer;

2) with the occurrence of circumstances with which the legislation on taxes and (or) fees connects the termination of the obligation to pay this tax and fee;

3) with the death of the taxpayer or with the recognition of him as dead in the manner prescribed by the civil legislation of the Russian Federation;

4) with the liquidation of the taxpayer organization after the liquidation commission has carried out all settlements with budgets (extra-budgetary funds).

72. Tax offenses

The taxpayer is obliged to independently fulfill the obligation to pay tax. Control over their payment is entrusted to the bodies of the Ministry of Taxation of Russia.

Non-payment or incomplete payment of tax by organizations is tax offense and entails the application to the person who committed the specified offense, measures of responsibility.

A tax offense is a culpably committed illegal (in violation of the legislation on taxes and fees) act (action or inaction) of a taxpayer, for which the Tax Code of the Russian Federation establishes liability.

Circumstances precluding bringing a person to liability for committing a tax offense:

1) the commission of an act containing signs of a tax offense due to a natural disaster or other emergency and insurmountable circumstances (these circumstances are established on the basis of well-known facts, publications in the media and in other ways that do not require special means of proof;

2) the commission of an act containing signs of a tax offense by a taxpayer - an individual who, at the time of its commission, was in a state in which this person could not be aware of his actions or manage them due to a disease state (these circumstances are proved by submitting documents to the tax authority which, in terms of meaning, content and date, refer to the tax period in which the tax offense was committed);

3) the implementation by a taxpayer or tax agent of written explanations on the application of legislation on taxes and fees given by a tax authority or other authorized state body or their officials within their competence (these circumstances are established if there are relevant documents of these bodies, which, in terms of meaning and content refer to the tax periods in which the tax offense was committed).

It must be emphasized that this list is exhaustive and is not subject to extended interpretation.

Failure by the taxpayer to fulfill the obligation to pay tax is the basis for the tax authority to send to the taxpayer not only the demand for payment of tax, the calculation of penalties, but also the application of measures for the enforcement of the obligation to pay tax.

The tax authority has the right, in case of insufficiency or absence of funds on the taxpayer's accounts, to collect tax at the expense of other property of the taxpayer within the amounts indicated in the tax payment claims, and taking into account the amounts collected in cash.

73. Administrative law. Subjects

Article 72 of the Constitution of the Russian Federation paragraph refers administrative and administrative procedural legislation to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The competence of the Russian Federation in the field of legislation on administrative offenses includes the establishment of:

1) general provisions and principles of legislation on administrative offenses;

2) a list of types of administrative penalties and rules for their application;

3) administrative liability on issues of federal significance, including administrative liability for violation of the rules and norms provided for by federal laws and other regulatory legal acts of the Russian Federation;

4) the procedure for proceedings in cases of administrative offenses, including the establishment of measures to ensure the proceedings in cases of administrative offenses;

5) the procedure for the execution of decisions on the imposition of administrative penalties.

Structure of the Code of Administrative Offenses Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation):

1) General part - it contains the concepts of general provisions of administrative legislation (tasks and principles, the concept of an administrative offense, administrative responsibility, administrative punishment);

2) A special part is devoted to the consideration of specific elements of administrative offenses with an indication of the relevant types of administrative penalties for their commission.

Subjects of administrative legal relations are:

1. An individual (who has reached the age of sixteen at the time of the commission of an administrative offense), is not subject to administrative liability of an individual who, at the time of committing illegal actions (inaction), was in a state of insanity.

An official (permanently, temporarily or in accordance with special powers exercising the functions of a representative of authority) is subject to administrative liability in the event of an administrative offense committed by him in connection with non-performance or improper performance of his official duties.

Foreign citizens, stateless persons and foreign legal entities are subject to administrative liability on a general basis.

2. Legal entities - are found guilty of committing an administrative offense if it is established that it was possible to comply with the rules and norms, for the violation of which administrative responsibility is provided, but this person did not take all measures depending on him to comply with them.

74. Administrative offense and administrative responsibility

Administrative offense - this is an unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility.

Signs of an administrative offense:

1) illegality, i.e. actions (inaction) violate the special rules, norms, standards established by the rules of law, protected by the rules of administrative law;

2) guilt, since violation (intentional or careless) by the subject of the established rules entails administrative liability. An administrative offense is recognized as committed intentionally if the person who committed it was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently. An administrative offense is recognized as committed through negligence if the person who committed it foresaw the possibility of the harmful consequences of his action (inaction), but without sufficient grounds, presumptuously counted on preventing such consequences or did not foresee the possibility of such consequences, although they should have and could have them. foresee;

3) punishability, because only a specific unlawful, guilty action (inaction), for which the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation establishes administrative responsibility, can be recognized as an administrative offense.

According to Art. 1.5 of the Code of Administrative Offenses of the Russian Federation within the framework of administrative legal relations is valid presumption of innocence. This provision is in line with Art. 49 of the Constitution of the Russian Federation and is of great practical importance.

The essence of the presumption of innocence:

a) a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established;

b) the person in respect of whom proceedings are being conducted on the case of an administrative offense is considered innocent until his guilt is proved and established by a valid decision of the judge, body, official who considered the case;

c) a person brought to administrative responsibility is not obliged to prove his innocence;

d) irremovable doubts about the guilt of the person brought to administrative responsibility are interpreted in favor of this person.

Administrative responsibility is the appointment by judges, authorized bodies and officials of the punishment provided for by the Code of Administrative Offenses of the Russian Federation for an administrative offense.

75. Judicial system of the Russian Federation

According to the Constitution, justice in the Russian Federation is carried out only by the court on the basis of constitutional, civil, arbitration, administrative and criminal proceedings. The principle of unity of the judicial system of the Russian Federation operates in the Russian Federation.

The judicial system of the Russian Federation There are three categories of courts:

1) ordinary courts (general jurisdiction and specialized, in particular military),

2) arbitration,

3) constitutional.

К federal courts of general jurisdiction include the district court, the supreme court of the republic, the regional (regional) court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, the Supreme Court of the Russian Federation, as well as military and specialized courts.

The city, regional, regional courts, the court of the autonomous region and the court of the autonomous district consider cases as a court of first instance, cases in the cassation (second) instance, as well as in the order of supervision and on newly discovered circumstances.

World judge considers as a court of first instance:

1) cases on the issuance of a court order;

2) cases of divorce, if there is no dispute between the spouses about children;

3) cases on the division of jointly acquired property between spouses, regardless of the value of the claim;

4) other cases arising from family law relations, with the exception of cases on disputing paternity (maternity), on establishing paternity, on depriving parental rights, on adoption (adoption) of a child;

5) cases on property disputes with the value of the claim not exceeding five hundred minimum wages established by federal law on the day of filing the application;

6) cases arising from labor relations, with the exception of cases on reinstatement and cases on the resolution of collective labor disputes.

Arbitration courts. They administer justice by resolving economic disputes.

The system of arbitration courts in the Russian Federation are:

1) the Supreme Arbitration Court of the Russian Federation;

2) federal arbitration courts of districts (10 of them);

3) arbitration courts of republics, territories, regions, federal cities, autonomous regions, autonomous districts.

Constitutional control at the federal level is carried out Constitutional Court of the Russian Federationconsisting of 19 judges. He resolves cases on compliance with the Constitution of the Russian Federation:

a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

b) the constitutions of the republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation;

c) agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation, agreements between public authorities of the constituent entities of the Russian Federation;

d) international treaties of the Russian Federation that have not entered into force.

76. Civil process

On February 1, 2003, a new Civil Procedure Code of the Russian Federation was put into effect. According to him, justice in civil cases is carried out on the basis of competition and equality of the parties. In order to organize an adversarial process, the court, while maintaining independence, objectivity and impartiality:

1) manages the process;

2) explain to the persons participating in the case their rights and obligations;

3) warn about the consequences of the performance or non-performance of procedural actions;

4) renders assistance to the persons participating in the case in exercising their rights;

5) creates conditions for a comprehensive and complete study of evidence, the establishment of factual circumstances and the correct application of legislation in the consideration and resolution of civil cases.

Subject of legal regulation: a judicial procedure (legal procedure) provided for by law, the observance of which is directed by procedural law.

Tasks of civil legal proceedings: correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests of citizens, organizations, rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, other persons who are subjects of civil, labor or other legal relations.

Hearing cases in a closed session of the court is allowed only in exceptional cases, directly established by law, for example, when personal correspondence is disclosed or when considering cases of sexual crimes.

Everyone is equal before the law and the courts. It is impossible to give preference to bodies, persons, parties participating in the process on the grounds of their state, social, gender, racial, national, linguistic or political affiliation, or depending on their origin, property and official status, place of residence, attitude to religion, beliefs, belonging to public associations, as well as on other grounds not provided for by federal law.

Citizens who have reached the age of eighteen, as well as legal entities and organizations, have civil procedural capacity. The rights, freedoms and legitimate interests of minors between the ages of fourteen and eighteen, as well as citizens with limited legal capacity, are protected in the process by their legal representatives.

The rights, freedoms and legitimate interests of minors under the age of fourteen, as well as citizens recognized as legally incompetent, are protected in the process by their legal representatives.

77. Arbitration process

The activities of the Arbitration Courts are based on the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), a system of normative acts regulating certain issues of legal proceedings.

Arbitration courts consider two groups of cases:

1) economic disputes in the field of entrepreneurial and other economic activities;

2) other cases referred to their competence by the Arbitration Procedure Code of the Russian Federation and other federal laws.

An interested person may apply to the Arbitration Court.

It can be a legal entity of the Russian Federation; citizens of the Russian Federation, foreign citizens, stateless persons engaged in individual entrepreneurial activity; international associations and organizations; in cases established by law - organizations that do not have the status of a legal entity (for example, a local self-government body, associations of citizens - on the basis of Article 8 of the Law on Trade Unions).

Appeal to the Arbitration Court carried out in the form specified in Part 4 of Art. 4 APK:

1) in cases arising from administrative and other public legal relations, in insolvency (bankruptcy) cases, when applying for the review of judicial acts in the order of supervision and in other cases provided for by the Arbitration Procedure Code of the Russian Federation by filing a statement of claim;

2) when applying to the court of appeal and cassation, in other cases provided for by the Arbitration Procedure Code of the Russian Federation, by filing a complaint;

3) when the Prosecutor General of the Russian Federation and his deputies apply for review of judicial acts by way of supervision by submitting a submission.

Proceedings in the arbitration court are carried out on the basis of competition. The persons participating in the case have the right to know about each other's arguments before the start of the trial. The person participating in the case has the right to present evidence, file motions, express their arguments and opinions, give explanations on all issues arising in the course of the consideration of the case.

The arbitration court, while maintaining independence, objectivity and impartiality, manages the process, explains to the persons participating in the case their rights and obligations, warns about the consequences of the commission or non-commission of procedural actions, assists in the exercise of their rights, creates conditions for a comprehensive and complete consideration of the case. This legal norm is applied by the court simultaneously with other fundamental principles arbitration process:

1) publicity of the proceedings;

2) the immediacy of the trial;

3) the burden of proof;

4) evaluation and examination of evidence, and so on.

Judicial acts that have entered into legal force are binding on the entire territory of the Russian Federation.

78. Advocacy

Attorney is a person who, in accordance with the established procedure, has received the status of a lawyer and the right to practice advocacy. A lawyer is an independent legal adviser, he is not entitled to engage in other paid activities, with the exception of scientific, teaching and other creative activities.

Advocacy is qualified legal assistance provided on a professional basis by persons who have received the status of a lawyer in the manner prescribed by the Federal Law, individuals and legal entities in order to protect their rights, freedoms and interests, as well as to ensure access to justice. Advocacy is not entrepreneurial. It is carried out on a professional basis and includes the provision of oral and written advice, drafting legal documents. A lawyer has the right to provide any legal assistance not prohibited by federal law.

To acquire the status of a lawyer, one must have a higher legal education obtained from a state-accredited educational institution of higher professional education, or an academic degree in a legal specialty; at least two years of work experience in the legal specialty or undergo an internship in a lawyer's education. Next, you need to apply to the qualification commission with an application for granting him the status of a lawyer. After successfully passing the qualification exam, a special commission formed in accordance with the requirements of Art. 33 of the Law on Advocacy, from the date of taking the oath, the status of an advocate is assigned and becomes a member of the Chamber of Advocates. This status is assigned to a person for an indefinite period and is not limited to a certain age of a lawyer.

Advocacy is carried out on the basis of a civil law contract, concluded in a simple written form between a lawyer (performer, attorney) and a client (customer, principal), on the provision of legal assistance to the client himself or to another individual or legal entity specified in the contract.

Powers of a lawyer, participating as a representative of the principal in constitutional, civil and administrative proceedings, as well as as a representative or defender of the principal in criminal proceedings and proceedings on administrative offenses, are regulated by procedural legislation.

The Law on Advocacy provides for the following forms of legal entities:

a) a lawyer's office that is not a legal entity,

b) a bar association,

c) law firm

d) legal advice.

79. Notarial activity

Notary - this is a system of bodies and officials (notaries and other persons entitled to perform notarial functions), endowed in accordance with the law with the right to perform notarial acts.

Notarial activity is not an entrepreneurial activity and does not pursue the goal of making a profit.

A citizen of the Russian Federation who has a higher legal education, who has completed an internship for a period of at least one year in a state notary's office or with a notary engaged in private practice, who has passed a qualifying exam and has a license for the right to notarial activities, is appointed to the position of a notary.

The position of a notary is established and liquidated by the body of justice together with the notary chamber. They also determine the number of positions of notaries in the notary district.

Notary impartial and independent in his activities, he has the right to:

1) perform notarial acts in the interests of individuals and legal entities who have applied to him;

2) draw up draft transactions, statements and other documents, make copies of documents and extracts from them, as well as give explanations on issues of notarial acts;

3) demand from individuals and legal entities information and documents necessary for the performance of notarial acts.

The notary is not entitled:

1) engage in self-employed and no other activities, except for notarial, scientific and teaching;

2) to provide intermediary services when concluding contracts.

Notarial acts are classified according to their purpose:

1) aimed at certifying an indisputable right;

2) aimed at certifying indisputable facts;

3) to give enforcement force to debt and payment documents;

4) protective notarial actions - aimed at taking measures to protect hereditary property, imposing a ban on alienation and accepting documents for storage.

A notary is obliged to assist individuals and legal entities in exercising their rights and protecting legitimate interests, to explain their rights and obligations, to warn them of the consequences of notarial acts performed, so that legal ignorance cannot be used to their detriment.

A notary engaged in private practice, who deliberately disclosed information about a notarial act performed or who performed a notarial act contrary to the legislation of the Russian Federation, is obliged by a court decision to compensate for the damage caused as a result of this. In other cases, the damage is compensated by the notary, if it cannot be compensated in another way.

80. Criminal law: concept, subject, method, tasks, system

Criminal law is a system of norms that are established by law and these norms determine the most dangerous acts for the system that currently exists, as well as the conditions for imposing penalties for their commission.

Subject of criminal law protection and regulation - these are social relations that arise in connection with the commission of a dangerous offense, which is a crime.

The content of the criminal law relationship:

- subjects;

- their legal obligations and subjective rights;

- the cause of the relationship itself.

Criminal law method - a set of certain legal means of influencing social relations.

The most common methods of criminal law are as follows:

1) method of prohibition - the commission of the most dangerous act is prohibited under the threat of applying strict measures of state coercion;

2) application of sanctions of criminal law norms;

3) the application of other measures of a criminal law nature (for example, the application of coercive measures of a medical nature).

Tasks of criminal law - protection of the rights and freedoms of man and citizen, property, public order and public safety, the environment, the constitutional order of the Russian Federation from criminal encroachments, ensuring peace and security of mankind, preventing crimes.

criminal law system is based on the general principles and norms of international law, and is also built in accordance with the principles and system of social values proclaimed in the Constitution of the Russian Federation.

The Criminal Code of the Russian Federation is divided into General and Special Parts.

General part of criminal law includes the norms of criminal law, which reflect the concept of criminal law, as well as the main provisions on crime and punishment, and consists of six sections. In addition, the most important provisions are regulated, such as: criminal liability, exemption from criminal liability and punishment, criminal law, its operation in time and space, the terms for the repayment of a criminal record are established, as well as the statute of limitations, compulsory medical measures, etc.

Special part of criminal law includes norms that define specific crimes by their types and types and establish punishment for their commission. The Special Part contains: crimes against the person; economic crimes; crimes against the interests of service in commercial and other organizations; crimes against state power; against military service and crimes against the peace and security of mankind.

81. Principles of criminal law

Principles of criminal law - these are the fundamental principles of both criminal law in general and its individual institutions, which are enshrined in criminal law.

Characteristic features principles of criminal law are that they:

a) reveal the internal objective laws of the criminal law and thereby direct it to the solution of the above tasks;

b) permeate all legislation, including the General and Special parts, and also appear in criminal law institutions;

c) these signs are of practical importance.

Principles of criminal law:

1. The principle of legality. Legality is the exact and steady observance of the laws in force in the state by citizens, officials, state bodies.

The main features of this principle are: unity of legality; the obligation to comply with laws by all without exception and control over this; stopping attempts to break or circumvent the law; connection between legality and expediency, justice, discipline, culture.

In this principle, a person cannot be prosecuted and thus punished if he has not committed an act. Also, only measures of state coercion specified in the law may be applied to a person who is guilty of a crime.

2. The principle of equality of citizens before the law.

Also, the equality of all citizens is proclaimed in the Constitution of the Russian Federation (part 1, article 19). No one has privileges before the law, and if there is a fact of a crime, then criminal liability will come regardless of the position held, nationality, etc. Retribution for what has been done sooner or later still comes.

3. Guilt Principle. According to this principle, a person is subject to criminal liability only for such socially dangerous actions (inaction) and for the ensuing consequences, in respect of which his guilt is established and the person should be punished for committing a crime only when he acted with intent or through negligence.

4. The principle of justice. Justice is a certain correspondence of various social relations, as well as the encouragement of good with good, etc.

5. The principle of humanism. The manifestation of humanism is expressed in relation to a person as the most important object of criminal law protection of the individual and a specific manifestation of humanism in relation to the criminal. Also, the humanism of punishment is determined by the fact that the law does not have the goal of causing physical suffering or humiliation of human dignity and is manifested in the differentiation of responsibility, the possibility of exemption from it or the application of less severe measures.

82. Environmental law. Subject, object, sources

In accordance with Art. 42 of the Constitution of the Russian Federation, everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense.

Environmental law is a set of legal norms regulating relations in the field of interaction between society and nature in the interests of the conservation and rational use of the natural environment for present and future generations. These relations are the subject of environmental law.

Purpose of environmental law - Ensuring the specified constitutional right of citizens.

Tasks of environmental legislation RF:

1) regulation of relations in the field of interaction between society and nature in order to preserve natural resources and natural human habitat,

2) preventing the environmentally harmful impact of economic and other activities, improving and improving the quality of the natural environment, strengthening law and order in the interests of present and future generations of people.

3) rational use of natural objects and resources.

The subject of regulation of this industry are general issues of environmental protection and environmental safety, the use and protection of specific natural objects and resources.

Environmental law and order - a set of norms that characterize the state of the environment, formed by the state, society, through the application of legal, economic and educational measures.

Functions of the state in the field of environmental legal relations:

1) establishment of standards for the maximum concentration of harmful substances in the environment, control over their implementation;

2) establishment of a regime for the use of the natural environment;

3) in case of violation of these requirements, the application of measures of state influence to violators.

Sources of environmental law are:

1) the Constitution of the Russian Federation;

2) federal laws "On Environmental Protection"; "On environmental expertise"; "On production and consumption waste"; "On the hydrometeorological service"; "On the protection of Lake Baikal"; "On the Protection of Atmospheric Air"; "On industrial safety of hazardous production facilities";

3) normative acts of the subjects of the federation.

The system of normative legal acts is designed to:

a) eliminate gaps in the legal regulation of environmental relations;

b) fine-tune the mechanism for effective implementation of environmental legislation;

c) prepare a regulatory framework for the codification of environmental legislation;

d) carry out work to bring the environmental legislation of Russia and other countries closer together.

83. Environmental safety

Environmental Safety - this is the state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences.

Environmental Safety It is a system of legal norms that regulate a given range of social relations. These rules of law have a certain unity, expressed primarily in the presence of general principles of legal regulation, common goals and objectives.

The principle of environmental safety:

presumption of ecological danger of any production, economic and other activities. The legislator established the priority of environmental safety.

objects environmental safety - a person, his associations, society and the state, the environment and its components - individual natural objects, ecosystems, specially protected areas.

Subjects:

1) according to Art. 2 of the Law "On Security" - the state exercising functions in this area through the legislative, executive and judicial authorities. It ensures the security of every citizen on the territory of the Russian Federation, and outside its territory it guarantees protection and patronage to its citizens;

2) citizens, public organizations and associations. They have the rights and obligations to ensure security in accordance with the legislation of the Russian Federation and the legislation of its subjects, adopted within their competence.

The state provides legal and social protection to citizens, public and other organizations and associations that assist in ensuring security in accordance with the law.

This requires:

1) implementation, as a matter of priority, of taking into account the interests and safety of the population when resolving issues of potentially hazardous industries and activities;

2) ensuring environmental safety during disarmament, when handling radioactive substances, radioactive waste and nuclear materials;

3) reduction in the production and use of toxic and other highly hazardous substances;

4) rehabilitation of territories and water areas that have been adversely affected by economic activity, contaminated during the operation of objects of the rocket, space and nuclear industries.

Environmental Safety - this is the state of protection of a person, society, the state and the natural environment from negative natural and man-made impacts, provided by organizational, legal, economic, scientific, technical and other means.

84. Liability for environmental offenses

The Federal Law "On Environmental Protection" establishes property, disciplinary, administrative and criminal liability for violation of legislation in the field of environmental protection in accordance with the legislation of the Russian Federation. Control in the field of environmental protection (environmental control) is a system of measures aimed at preventing, detecting and suppressing violations of legislation in the field of environmental protection, ensuring compliance by subjects of economic and other activities with requirements, including standards and regulations, in the field of environmental protection.

Responsibility for environmental offenses may be:

1. Disciplinary - the subject of an environmental offense is attracted by the administration of the enterprise where he works. Disciplinary liability is applied only for violation of those environmental rules and regulations, the execution of which is included in the violator's labor duties.

2. Material - applies to individuals and legal entities and is provided for damage caused by an environmental offense. Liability is realized by collecting damages at special rates in court. Liability is a system of legal measures aimed at preserving the natural environment from negative impacts.

3. Administrative - provided for the commission of an environmental offense (misdemeanor) in the absence of corpus delicti and is applied to legal entities and individuals engaged in entrepreneurial activities. The Code of Administrative Offenses of the Russian Federation (Chapter 8) provides for liability for non-compliance with environmental requirements in the planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities; environmental and sanitary-epidemiological requirements for handling production and consumption waste or other hazardous substances; for violating the rules for handling pesticides and agrochemicals.

4. Criminal - if there are signs of an environmental crime provided for by the criminal law, the perpetrator must be held criminally liable (according to Chapter 26 of the Criminal Code of the Russian Federation). An environmental crime is a guilty socially dangerous act provided for by the criminal legislation of the Russian Federation and prohibited by it, encroaching on the environmental legal order established in the Russian Federation, the environment and its components, the environmental safety of society, causing harm to the natural environment and human health and entailing a negative change in the quality of the environment.

Two types of criminal liability:

1) for encroachments on the natural environment as a whole - are of a general nature, encroach on the environmental safety of both the environment as a whole and the population. These acts are violations of certain rules, the observance of which is required by the laws and by-laws in force in the Russian Federation.

2) for special environmental crimes - they encroach on individual objects, cause damage to atmospheric air, soil, surface or ground water, etc.

When considering criminal cases that arose in connection with the violation of environmental legislation, the courts were recommended to mandatory distinguish between environmental crimes and environmental offenses, that is, guilty illegal acts that harm the environment and human health, for which administrative responsibility is established.

85. The concept of a trade secret

According to the Civil Code of the Russian Federation, information constitutes a trade secret in the case when it has actual or potential commercial value due to the fact that it is unknown to third parties, there is no free access to it on a legal basis, and the owner of the information takes measures to protect its confidentiality.

Signs of a trade secret:

1) its subject is information related to the commercial and economic activities of the enterprise (production and technological information, information on management, finance and other information on the activities of the enterprise);

2) this information is the property of the organization;

3) it has actual or potential commercial value due to being unknown to third parties;

4) restricted access information (it cannot be freely obtained by any interested person);

5) the owner of the information takes measures to protect its confidentiality.

Information that cannot be a trade secret:

1) contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers;

2) contained in documents giving the right to carry out entrepreneurial activities;

3) on the composition of the property of a state or municipal unitary enterprise, state institution and on the use by them of the funds of the relevant budgets;

4) on environmental pollution, the state of fire safety, the sanitary-epidemiological and radiation situation, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of each citizen and the safety of the population as a whole;

6) on employers' debts for wages and other social benefits;

7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for these violations;

8) on the terms of tenders or auctions for the privatization of objects of state or municipal property;

9) on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, on the number and remuneration of their employees, on the use of unpaid labor of citizens in the activities of a non-profit organization;

10) on the list of persons entitled to act without a power of attorney on behalf of a legal entity;

11) the mandatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

86. Legislation of the Russian Federation on state secrets. List of information constituting a state secret

state secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation. The legislation of the Russian Federation on state secrets is based on the Constitution of the Russian Federation, the Law of the Russian Federation "On State Secrets", the Law of the Russian Federation "On Security", and the provisions of other legislative acts regulating relations related to the protection of state secrets.

The Civil Code of the Russian Federation provides that the protection of trade secrets is carried out in ways that are provided for by the Civil Code of the Russian Federation and other laws. One of these ways: compensation for damages.

Officials and citizens guilty of violating the legislation of the Russian Federation on state secrets bear criminal, administrative, civil or disciplinary liability in accordance with applicable law.

The relevant public authorities and their officials are based on expert opinions prepared in accordance with the established procedure on classifying illegally disseminated information as information constituting a state secret.

State secrets are the most important information provided for in special lists, the disclosure of which may cause significant harm to the interests of Russia and constitutes a crime, an administrative or disciplinary offense or a civil tort.

There is a specific list of information constituting a state secret - this is a set of categories of information, according to which information is classified as a state secret and classified on the grounds and in the manner established by federal law.

This list contains information in the field of military, foreign policy, economic, intelligence, counterintelligence and operational-search activities of the state, the dissemination of which may harm the security of the Russian Federation.

State secrets are according to Art. 5 of the Law on State Secrets:

1) information in the military field:

2) information in the field of economics, science and technology:

3) information in the field of foreign policy and economics;

4) information in the field of intelligence, counterintelligence and operational-search activities.

Attribution of information to state secrets is carried out by the heads of state authorities in accordance with the List of officials empowered to classify information as state secrets, approved by the President of the Russian Federation.

87. Protection of state secrets

According to Article 20 of the Law "On State Secrets" to bodies protecting state secrets relate:

- interdepartmental commission for the protection of state secrets;

- bodies of federal executive power (Federal Security Service of the Russian Federation, Ministry of Defense of the Russian Federation), Foreign Intelligence Service of the Russian Federation, State Technical Commission under the President of the Russian Federation and their local bodies;

- public authorities, enterprises, institutions and organizations and their structural subdivisions for the protection of state secrets.

Interdepartmental Commission for the Protection of State Secrets is a collegial body coordinating the activities of state authorities for the protection of state secrets in the interests of developing and implementing state programs of regulatory and methodological documents that ensure the implementation of the legislation of the Russian Federation on state secrets.

Bodies of federal executive power (Federal Security Service of the Russian Federation, Ministry of Defense of the Russian Federation), the Foreign Intelligence Service of the Russian Federation, the State Technical Commission under the President of the Russian Federation and their local bodies organize and ensure the protection of state secrets in accordance with the functions assigned to them by the legislation of the Russian Federation.

Public authorities, enterprises, institutions and organizations ensure the protection of information constituting a state secret, in accordance with the tasks assigned to them and within the limits of their competence. Responsibility for organizing the protection of information constituting a state secret in state authorities, enterprises, institutions and organizations rests with their heads. Depending on the scope of work using information constituting a state secret, the heads of state authorities of enterprises, institutions and organizations create structural units for the protection of state secrets, the functions of which are determined by these heads in accordance with the regulations approved by the Government of the Russian Federation, and taking into account the specifics of ongoing works by them.

Disclosure of state secrets leads to offensive criminal liability. It comes for the deliberate disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service or work, if this information became the property of other persons, in the absence of signs of treason. The disclosure is over from the moment when the information constituting a state secret became known to an outsider.

88. International law. Correlation of the legal system of the Russian Federation and international law

International law is a set of legal norms governing interstate relations.

Subjects international law are states object of regulation - interstate relations.

В system of international law allocate:

1) international public law (the subject of regulation is directly power relations between states);

2) international private law (the subject of regulation is civil law relations of an international character).

Rule of international law - this is a mandatory rule that regulates the behavior and order of relations between states and other subjects of international law. The operation of the norms of international law is ensured by the legal mechanism provided for in them.

It is customary to produce the following classification of norms of international law:

1) according to the subject of legal regulation, they are divided into types that reflect the specifics of the scope (international maritime law, rail, maritime transport, the legal regime of Antarctica, etc.);

2) by scope into universal (UN Charter, Vienna Convention on the Law of Treaties (Vienna, May 23, 1969), etc.) and local (Declaration on Observance of the Principles of Cooperation within the Framework of the Commonwealth of Independent States, Convention on Privileges and immunities of the Eurasian Economic Community, etc.). That is, this classification allows you to determine whether a rule of international law applies to a limited number of states, or is subject to obligatory implementation by all states.

3) according to the method of legal regulation into imperative (to be carried out only in the form in which they are accepted, not allowing deviations) and dispositive (allowing a choice at the discretion of the parties).

Norms of international law and the legal system of the Russian Federation

The norms of international law and the norms of the legal system of the Russian Federation are interconnected.

The ratio of the legal system of the Russian Federation and the generally recognized principles and norms of international law and international treaties of the Russian Federation is defined in Art. 15, paragraph 4 of the Constitution of the Russian Federation. The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those stipulated by law, then the rules of the international treaty shall apply. At the same time, it is necessary to take into account the fact that these principles and norms must be recognized as such by the Russian Federation, that is, the Russian Federation, as a subject of law, must agree to be bound by an international treaty.

Author: Afonina A.V.

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