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История государства и права России. Гражданский и уголовный кодексы РСФСР 1964 г (самое важное)

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87. Civil and criminal codes of the RSFSR 1964

Civil legislation 1964: in 1964, the Civil Code was adopted in the RSFSR on the basis of the Unified All-Union Fundamentals of Civil Legislation of the USSR and the Union Republics, adopted in 1961.

The Civil Code of 1964 established the main purpose of legislation: strengthening the economic system of the USSR, the growth of socialist property, maintaining and strengthening the rule of law in the field of property relations and protecting the rights of legal entities and individuals.

The Civil Code of 1961 regulated the following civil legal relations:

1) property relations: associated with commodity-money forms of production in communist construction; self-supporting systems of the economy, the use of funds, price regulation, cost and profit calculation, trade; credit and banking;

2) personal non-property relations: the right to authorship; the right to protect the honor and dignity of subjects of civil relations (citizen and organization);

3) hereditary legal relations.

Civil rights and obligations arose on the basis of the conditions established by the legislation of the USSR and the Union republics (legal facts - events), as well as as a result of the actions of citizens and organizations (legal facts - actions), which in themselves give rise to civil rights and obligations or are established by law.

The order of heirs was established by law.

Inherited first:

1) next of kin in descending line;

2) nearest - in ascending line;

3) the spouse of the deceased person.

The Civil Code of 1961 established the freedom of will, subject to the obligatory share for minors, disabled children or the spouse, parents and dependents of the deceased.

Features of the regulation of property rights under the Civil Code of 1964:

1) there was the exclusive property of the state, collective farms and other organizations and their associations, private ownership of movable property, personal property of citizens engaged in handicrafts, agriculture, consumer services, etc.;

2) equal state protection was established for state property, property of collective farms, cooperatives and public organizations and personal property of citizens engaged in activities based on personal labor.

The fundamentals of civil law established the main way to protect civil rights - action proceedings (court).

Courts stood out: general jurisdiction; arbitration; arbitration; comradely.

Criminal legislation of 1964: the criminal code was adopted in 1964 on the basis of the Unified All-Union Fundamentals of Legislation of the USSR and the Union Republics, adopted in 1958.

Features of the Criminal Code of the RSFSR 1964:

1) a general focus on mitigation for criminal acts that do not pose a great public danger;

2) replacement in a number of cases of criminal liability with administrative or public influence measures;

3) new chapters appeared on crimes against socialist property;

4) forms of public participation in the fight against crime were established;

5) there were no "enemies of the people" under the Criminal Code;

6) the age of bringing to criminal responsibility increased.

Authors: Dudkina L.V., Shcherbakova O.V.

<< Back: The judicial system and the system of law enforcement agencies according to the "Fundamentals of Legislation of the USSR and Union Republics" 1958

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