Civil law. Parts I, III and IV. The state as a subject of civil legal relations (the most important)

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Civil law. Parts I, III and IV. The state as a subject of civil legal relations (the most important)

Lecture notes, cheat sheets

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11. THE STATE AS A SUBJECT OF CIVIL LEGAL RELATIONS

The structure of the Russian state (state) is the Russian Federation, which includes the subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts and municipalities - urban, rural settlements, etc.

The state as a subject of civil legal relations (signs): organizational unity, separate property, liability for its obligations, the ability for subjects of the Russian Federation and municipalities to act on their own behalf when acquiring property and personal non-property rights in court. The principle of equality with other subjects applies to the state, despite the fact that the state has power.

The state exercises its rights and obligations at the federal level with the help of the Federal Assembly, the President, the Government, ministries and departments, etc. Legislative assemblies, regional dumas, presidents, governments, ministries and departments, etc., can act on behalf of the constituent entities of the Russian Federation. On behalf of the municipalities, the right to speak is granted to the representative bodies of local self-government. On behalf of the state, legal entities and citizens can act on special instructions from the state.

Scope of participation The Russian Federation, its constituent entities, municipalities is determined by the legal capacity of the latter, which is reflected in the law and is special.

Features of responsibility state-va on their obligations:

a) The Russian Federation, its constituent entities, municipalities bear independent property liability, i.e. they are not liable for the obligations of each other, as well as legal entities created by them. However, they may be held responsible for the insolvency of the enterprises of which they are the founder, which arose as a result of the execution of incompetent instructions of the founder;

b) the state bears subsidiary liability for the obligations of the institutions it has created if the latter lack their own funds, if the state is the owner of the property assigned to them;

at) The Russian Federation bears subsidiary liability for the obligations of a state-owned enterprise in case of insufficiency of its property;

d) The Russian Federation, its constituent entities and municipalities are liable for non-contractual obligations in cases of loss caused by illegal actions of their bodies;

d) objects with which the state can be responsible for its obligations are limited (it is impossible to answer with property assigned to legal entities created by it on the basis of the right of economic management or the right of operational management).

The state has judicial immunity: liability in relations with foreign partners is limited: the latter cannot bring a lawsuit against him for improper performance of obligations without the prior consent of the competent authorities of the state, reflected in the international treaty. The rules governing the participation of legal entities in relations regulated by civil law apply to the state, unless otherwise follows from the law or its features.

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