It belongs to the participants of civil legal relations. Objects of civil law relations. The concept of the object of civil legal relations

The subjects of civil law relations are:

individuals;

legal entities;

Russian Federation;

subjects of the Russian Federation;

municipalities.

Individuals include:

citizens of the Russian Federation;

Foreign citizens;

stateless persons.

To participate in civil law relations, you must have civil legal capacity, i.e. the ability of a person to have the rights provided by law and bear obligations (Articles 17, 49 of the Civil Code of the Russian Federation). The state endows the participants with legal capacity, recognizing them as subjects of law.

In order to be able to acquire and exercise civil rights by their actions, create civil obligations for themselves and fulfill them, individuals are endowed with legal capacity (Article 21 of the Civil Code of the Russian Federation).

The subject composition of a legal relationship may change as a result of succession, which means the transfer of rights and obligations from one person (predecessor) to another (successor). The assignee acts in the same legal relationship as his predecessor.

There are two types of succession - universal (general) and singular (particular). In the first case, the successor replaces the predecessor in all rights and obligations (for example, during inheritance, when transforming the organizational and legal form of a legal entity, during inheritance), in the second case, succession entails the replacement of the predecessor in one or more legal relations, for example, it can follow from the contract ... The legal succession excludes those rights and obligations according to which the law does not allow succession in general (rights that do not pass to other persons, for example, the rights of authorship).

Only in cases permitted by law, a citizen can waive certain rights or restrict himself in rights (for example, choosing a public service, a citizen waives the right to engage in entrepreneurial activity personally or through proxies).

Civil legal capacity as the ability to acquire and exercise rights, create and fulfill duties (Art. 21) is legally made dependent on the age of citizens and their mental health.

Legal capacity can be of several types in terms of its volume - absent (for children under 6 years old), partial minors (aged 6 to 14 years) (Art.28), partial minors (aged 14 to 18 years) (Art . 26). The volume of legal capacity affects the possibility of making transactions by these persons, on the volume of property liability.

The law provides for emancipation as the declaration of a fully capable minor who has reached the age of 16, working under an employment contract or with the consent of parents (adoptive parents, trustees) engaged in entrepreneurial activity (Article 27 of the Civil Code of the Russian Federation), and it is also possible to acquire full legal capacity upon marriage before 18 years old (part 2 of article 21 of the Civil Code of the Russian Federation).

A citizen may be recognized by a court as having limited legal capacity if, due to alcohol or drug abuse, he puts the family in a difficult financial situation. Guardianship is established over him. To conclude transactions (except for small household transactions), receive income and dispose of them, he can only with the consent of the trustee (Article 30).

A citizen can be declared incapacitated by a court due to a mental disorder that precludes understanding of his actions. Guardianship is established over him, and the guardian makes transactions on his behalf (Art. 29).

The law provides for a special procedure for the implementation of civil rights and obligations of incapacitated and partially capable citizens, the lack of capacity for which is replenished through the institution of guardianship and trusteeship (Articles 39 - 41). Guardianship is also established over minors (guardians are their representatives by virtue of the law), and guardianship - over persons aged 14-18. Local authorities establish guardianship (guardianship) upon notification of the court and exercise supervision over guardians and trustees.

The grounds for ensuring the legal capacity of the wards may disappear, then the guardian (curator) is obliged to petition the court to remove the guardianship (guardianship) and restore the legal capacity of the ward.

For citizens, in addition to legal capacity in acquiring and exercising rights and obligations, the name (Art. 19) and place of residence (Art. 20) are essential. Depending on the time of absence of information on the place of residence of citizens, they can be declared missing by the court or declared dead at the request of interested persons. At the same time, the law provides for the moral and procedural consequences of the appearance of a citizen declared dead or recognized as missing (Articles 42 - 46).

Some legal facts in the life of citizens are considered as acts of civil status and are subject to registration in the act books (Art. 47). These include birth, marriage and divorce, adoption, establishment of paternity, change of name, death of a citizen. Correction and amendment of civil status records can be carried out if there are sufficient grounds, in the absence of a dispute between the parties concerned and on the basis of a court decision.

In accordance with the Civil Code of the Russian Federation, an organization can be recognized as a legal entity that owns, economically or operatively manages, a separate property that corresponds to this property, can acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court (Art. 48). Legal entities may differ in their form of ownership as state legal entities, municipal and private (owned by citizens and legal entities).

For the purpose of the activities carried out, commercial and non-commercial legal entities are distinguished, depending on whether profit-making is the main purpose of the activity or not. For non-commercial legal entities, there is no such purpose, they do not distribute the profits received between the participants (Article 50), although they can engage in commercial activities for the purposes specified in the Charter.

The Civil Code of the Russian Federation defines the main groups (Articles 48, 50) and types of organizational and legal forms of legal entities:

1) business partnerships and companies (limited and additional liability companies, open and closed joint stock companies, limited partnerships and general partnerships);

2) production and consumer cooperatives;

3) state and municipal unitary enterprises and institutions financed by the owner;

4) non-profit organizations (foundations, associations, unions, autonomous non-profit organizations, religious and other public associations, etc.).

Consideration of the features of each legal entity should be from the point of view of its differences in the order of creation, reorganization, liquidation of a legal entity, membership (participation) in it, management. The civil legal capacity of legal entities is of a special nature and can be limited by the Charter or by law (for example, if it is necessary to obtain a license to carry out a type of activity).

The Russian Federation and its subjects, municipalities and legal entities have civil legal capacity and legal capacity. Acting as bearers of power, the Russian Federation, its constituent entities and municipalities in civil law relations have equal rights with citizens and legal entities. The norms of the Civil Code of the Russian Federation for legal entities apply to them, unless otherwise follows from the law or the specifics of these subjects (Article 124 of the Civil Code of the Russian Federation).

Participants (subjects) of civil legal relations. Individuals and legal entities

1. Civil legal relationship is civil law social relations regulated by the norms of law, in which legally independent subjects are interconnected by mutual rights and obligations, the execution of which is ensured by state coercion.

Features of civil legal relationship

• 1) the subjects of civil legal relationship are independent and independent from each other.
• 2) There is complete equality of participants in a civil legal relationship (it is forbidden to influence 2 parties)
• 3) The presence of subjective rights and obligations of subjects of civil legal relationship (depending on the type of legal relationship, there are various rights and obligations: sales contract, inheritance relations)
• 4) The volitional nature of the civil legal relationship (there must be an expression of the will of the parties)
• 5) Various grounds for the emergence of rights and obligations
• 6) The property nature of the parties' liability in case of default

For the emergence of a civil legal relationship, only the norms of civil law are not enough. The presence of certain elements is necessary, in the absence of at least one, the civil legal relationship itself is absent.

The structure of civil legal relationship

• 1) subjects
• 2) objects
• 3) the content of legal relations
• 4) legal facts
• 2. Subjects are participants in a civil legal relationship. They are:
• 1) citizens of the Republic of Belarus
• 2) stateless persons
• 3) foreign citizens
• 4) legal entities of the Republic of Belarus
• 5) international legal entities
• 6) administrative-territorial units
• 7) foreign states

Subjects of civil law are independent participants in social relations with established signs of individualization, who are the direct bearers of civil rights and obligations. The subjects of economic law are either individual individuals or certain groups of people, and sometimes state and municipal formations. Certain individuals are referred to in civil law as citizens, but the more accurate term in this case is individuals. Since the subjects of civil law relations in our country can be not only citizens of the Russian Federation, but also foreigners, persons with dual citizenship, as well as stateless persons. Individuals take an active part in civil circulation and are the most important subjects of civil legal relations. To participate in civil legal relations, individuals must have two legal qualities, legal capacity and legal capacity. Civil legal capacity is the ability to have civil rights and to bear obligations, it arises at the moment of birth and ends with death. Civil legal capacity is recognized equally for all citizens. So, a newly born person can already inherit property, possess the right of ownership. It is obvious that the rights and obligations of individuals arise, as a rule, from their actions. The basis for the lawful actions of a citizen (natural person) is his legal capacity. Civil legal capacity is the ability of a citizen to acquire and exercise civil rights by his actions, to create civil obligations for himself and to fulfill them. Unlike legal capacity, which is equally recognized for all citizens, legal capacity cannot be the same. In order to acquire rights and exercise them by their own actions, to assume and fulfill duties, it is required to reach a certain maturity in order to reason reasonably, to understand the meaning of the rule of law, to be aware of the consequences of their actions. These qualities depend on age as well as mental health. This ability comes to a person gradually, as he grows up, mental, physical and social development, acquiring life experience. Considering this, the law distinguishes between several types of civil legal capacity, this is full legal capacity; legal capacity of minors (between the ages of 14 and 18), it is also called incomplete legal capacity; legal capacity of minors. In addition, it also provides for the judicial recognition of a citizen as incompetent or limited in legal capacity. Full legal capacity of citizens arises from the onset of majority, that is, upon reaching the age of 18. In the case when the law allows marriage before reaching 18 years of age, a citizen who has not reached the age of majority acquires full legal capacity from the time of marriage. A minor who has reached the age of 16 may, under certain conditions, be declared fully capable. This announcement is called emancipation. A condition for emancipation is work under an employment agreement (contract) or engaging in entrepreneurial activity with the consent of parents or persons replacing them. If emancipation is carried out with the consent of both parents, then it is announced by the guardianship and guardianship authorities, in the absence of parental consent, this issue is decided by the court at the request of the minor. Fully capable persons perform all legal actions independently and bear full responsibility for their consequences. Minors between the ages of 14 and 18 have incomplete legal capacity, the extent of which is established by law. They can acquire civil rights and obligations either independently or with the consent of their parents, adoptive parents, or trustees. Minors from 14 years of age have the right to perform the following actions without the consent of legal representatives: to dispose of their earnings, scholarships and other income; to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law; make deposits in credit institutions and dispose of them; to make small household transactions, as well as transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration. Small household transactions are transactions that are aimed at meeting the daily needs of a minor or his family members and are insignificant in amount. Responsibility for transactions that minors can make both independently and with the written consent of legal representatives are borne by the minors themselves. If the minor's property is not enough to pay off the harm caused, then additional material liability may be imposed on his parents, adoptive parents, and trustees. The law provides for the possibility of restriction or deprivation of incomplete legal capacity. Minors between the ages of 14 and 18 may be limited or deprived of the right to independently dispose of their earnings, scholarships or other income by the court at the request of legal representatives or guardianship and guardianship authorities. The grounds for restriction or deprivation may be unreasonable spending of earnings, the use of alcoholic beverages and drugs. Children under 14 are called minors. Among minors, two groups are distinguished, these are completely incapacitated (children under 6 years of age) and partially capable (minors aged 6 to 14). The law grants the latter the right to independently conduct small household transactions, transactions aimed at obtaining benefits free of charge, transactions for the disposal of funds provided by a legal representative. So, the purchase of bread, milk, other food products that are purchased almost constantly, notebooks, other items that a teenager needs every day, and some other transactions are of a consumer nature that is common for any child. Minors, aged 6 to 14, can be called conditionally capable, since they do not bear any responsibility for their actions. Their legal representatives bear the property responsibility for the concluded transactions and for the harm caused by them. In all administrative and judicial bodies, children under 14 years old act as incapacitated, their interests are represented by their parents, adoptive parents, guardians. Citizens who have reached the age of 18 may be declared incapacitated or limited in legal capacity by a court decision. Recognition of a citizen as incompetent is associated with the presence of a mental disorder, which makes it impossible for him to understand the meaning of his actions or to direct them. The presence of such a condition is determined only by specialists who give a medical opinion on this matter. On the basis of this conclusion, at the suit of close relatives of the patient, the court decides to declare him incapacitated. In this case, the citizen does not have the right to make any transactions at all, including small household transactions, on his behalf, all transactions are made by his guardian. A citizen who abuses alcohol or drugs and thereby puts his family in a difficult financial situation may be restricted by a court of legal capacity. The abuse of alcohol or drugs by a citizen in itself indicates the need for interference in his actions by the state, however, civil law does not have the goal of curing individuals from alcoholism or drug addiction, just as it does not have the goal of punishing these persons for such abuse. It (civil law) presupposes state intervention only on the condition that this citizen, by his actions, puts his family in a difficult financial situation. Thus, limitation of legal capacity is aimed at protecting the property interests of the family. If a single citizen "drinks" his own property, then there are no grounds for limiting his legal capacity. By limiting the legal capacity, the court establishes control by a specially appointed person - the trustee over the execution of transactions (including receiving salaries), other income and the disposal of them by a citizen with limited legal capacity. In contrast to the recognition of a person as incapacitated, in case of limitation of legal capacity, a citizen has the right to conclude all transactions himself, provided that there is the consent of the trustee. He has the right to make only one type of transactions independently, without asking the consent of the trustee - these are minor household expenses. The family can also be put in a difficult financial situation by other actions: gambling, risky business activities, fanatical collecting. However, at present, it is impossible to restrict citizens in their legal capacity on such grounds. If a citizen changes his behavior and the grounds for limiting his legal capacity no longer exist, then the court, by its decision, may recognize him as capable. To protect the rights and interests of incapacitated or incompletely capable citizens, the law introduced the institution of guardianship and trusteeship. Guardianship is established over minors, as well as citizens recognized as incapacitated. The guardian completely replaces his ward in all administrative and judicial bodies. Guardianship is assigned over minors between the ages of 14 and 18 and citizens with limited legal capacity. The trustee does not replace his ward, but exercises control over his behavior and helps him. Only adult capable citizens can be appointed guardians and trustees. Being the legal representatives of the ward, guardians and trustees have the right to dispose of the income of the citizen they ward independently, if these expenses are aimed at maintaining the ward himself. In all other cases, guardians and trustees are required to obtain prior permission from the guardianship and guardianship authorities. This is especially true of transactions involving the reduction of the ward's property, such as sale, exchange or donation, renting it out, pledge, etc. Also, guardians and trustees, as well as their spouses and close relatives, are not entitled to make transactions with the wards, except for transferring a gift to the ward or providing him with free use of any property. The guardian and the trustee may not represent the ward in the conduct of court cases between the ward and the spouse of the guardian or trustee and their close relatives. These restrictions arise from the relationship of legal representation, on the one hand, and the lack of legal capacity in full or in part of the ward, on the other. Guardianship and trusteeship are terminated after the grounds for carrying out such activities cease, that is, the child reaches the age of majority, the court restores legal capacity, in the event that the ward is placed in a medical or educational institution, a social protection institution or returned to his parents. A guardian or trustee, if there are valid reasons, can be released from his duties at a personal request, and in case of improper performance of his duties, he can be removed by the guardianship and trusteeship body.

Legal entities - organizations that own, economic or operational management of separate property, bear independent responsibility for their obligations, can, on their own behalf, acquire and exercise property and personal non-property rights, perform duties, be a plaintiff and defendant in court. The legal entity has its own balance sheet.

Characteristic features of a legal entity:

• - organizational unity; (i.e. a legal entity has a certain structure established by the constituent documents).
• - the presence of separate property; (apart from other legal entities, from the state, etc.).
• - the ability to independently answer for all obligations of their property;
• - the ability to act in civil circulation on its own behalf (can acquire and exercise property and personal non-property rights), appear in general, economic courts, etc.).

Any legal entity acts on the basis of constituent documents; articles of association, or articles of association and articles of association, or only articles of association. The memorandum of association of a legal entity is concluded, and the charter is approved by its founders. In the constituent documents, legal entities must be defined: the name of the legal entity, its location, goals of activity, the charter fund agreement, etc.

• - LLC and ODO - articles of association, articles of association;
• - general and limited partnerships - only articles of association;
• - JSC and CJSC, ChUP, etc. - charter.

Legal capacity of a legal entity is understood as the ability to have civil rights and take on responsibilities. The legal capacity of a legal entity begins from the moment, i.e. from the moment of state registration (Article 47 of the Civil Code).

The limits of legal capacity of a legal entity are limited by the constituent documents and the subject of activity.

The civil capacity of a legal entity arises simultaneously with the civil capacity. In accordance with Article 49 of the Civil Code, a legal entity acquires civil rights and assumes responsibilities through its bodies acting in accordance with the legislation and constituent documents. Distinguish between individual and collective bodies of legal entities. The sole person is the director, manager, etc. Collective - board, council, general meeting. Legal entities can also act through their representatives on the basis of a power of attorney.

The procedure for creating legal entities:

determined by legislation, there are three ways:

• - administrative method (by order of the owner);
• - permitting procedure (at the initiative of citizens or organizations);
• - explicitly normative procedure (a legal entity is created in accordance with the law, the legality of the creation of a legal entity is checked during state registration.

Regardless of the methods of creation, all legal entities are subject to compulsory registration (D. pr. No. II "On the streamlining of state registration and liquidation of business entities, as amended by D. of November 16, 2000. No. 22).

Types of legal entities.

They are classified according to various criteria:

• - the property on which they are formed:
  • a) on the basis of private property;
  • b) on the basis of state ownership;
• - the right of founders of legal entities to property;
• - the purpose of the activities of legal entities;
• a) commercial (the main goal is to make a profit);
• b) non-profit (political parties, public and religious associations);
• - the composition of the founders:
  • a) created by the state;
  • b) an individual;
  • c) peasant (farm) economy;
  • d) business entities;
• - constituent documents;
• - the method of forming a legal entity (administrative, permissive, explicit-normative order);
• - obligations of the founders;
• - features of the status of a legal entity:
  • a) residents (formed and operates in accordance with the legislation of the Republic of Belarus);
  • b) non-residents (in accordance with the legislation of foreign states);
• - subordination of legal entities:
  • a) subsidiaries;
  • b) dependent.

Reorganization and liquidation of legal entities.

Reorganization of legal entities - the activity does not stop, but the rights and obligations are transferred to other legal entities (by decision of the founders, or in the case provided for by law with the consent of the authorized state bodies.

Reorganization forms:

• - merger (newly formed legal entity);
• - accession (accession of one legal entity to another);
• - separation;
• - selection;
• - transformation.

Liquidation entails the termination of the activity of a legal entity (voluntary and compulsory).

Voluntary liquidation (by decision of the founders), the grounds provided for by Article 57 of the Civil Code:

• - expiration of the term for which the legal entity was created;
• - achieving the goal for which it was created;
• - invalidation of the registration by the court.

Forced liquidation of a legal entity (by decision of a court or an authorized state body).

• - carrying out activities without a proper permit (license).
• - a decrease in the value of the net assets of a commercial organization based on the results of the second and each subsequent financial year below the minimum statutory fund established by law.

The court, if a legal entity is not able to satisfy the claims of creditors, may recognize this legal entity as economically insolvent (bankrupt).

This entails the liquidation of the enterprise.

Topic 1. Fundamentals of civil relations

1.1. The concept, content and features of civil law relations

Civil law is one of the varieties of legal relations. It is a relationship regulated by civil law and arising on the basis of civil law.

Having common features and features with all other social relations, civil legal relations also have specific features, referring to various aspects of legal relations, especially the dispositive method of regulating property and personal non-property, closely related to property, social relations and participants in these relations.

The peculiarity of the subjects of civil law relations, and, consequently, of legal relations is, firstly, that the subjects - the parties of these relations in the property and organizational terms are completely independent, independent from each other. Secondly, in the fact that they are legally equal to each other, as a result of which the obligation of one party is correlated with the subjective right of the other not as a state-imperious or other in nature command, but as a property claim. And, thirdly, in the fact that legal guarantees of the subjective rights of each of the parties - participants in civil law relations are inherent only in civil law ways of their protection and appropriate measures of responsibility for non-performance or improper performance by the parties of their obligations. Methods of protection in civil legal relations of subjective rights and measures of responsibility are mainly of a property nature.

Subjective law at the same time acts as a measure of the permissible behavior of subjects of civil legal relations, a subjective legal obligation – as a measure of the proper behavior of each of the participants in civil law relations.

Subjective civil law is ultimately reduced to the presence of various legal opportunities provided to the subject of a legal relationship - powers.

In relation to the subject of civil law relations - the creditor - such powers are the power to demand from the other party - the obliged subject to fulfill the corresponding obligations imposed on him in the form of performing certain actions to perform work, transfer of property, funds, etc. In addition, the creditor has the authority to protect his violated rights, the powers to demand the application of appropriate measures of state influence against the debtor in order to restore violated rights.

The main meaning of subjective legal obligations lies in the need for the subject of civil law relations - the bearer of these legal obligations - to perform certain actions in favor of another person - the holder of the relevant powers - or to refrain from performing these actions.

In cases where requirements are imposed on the subject of civil law relations to perform certain actions, when he is prompted to perform them, such obligations are usually referred to as positive responsibilities. These are responsibilities active type.

In all other cases, when the obliged person - the subject of civil law relations - is required to refrain from performing certain actions related, for example, to causing harm to the environment, in violation of the rights and legitimate interests of another person or persons, then this kind of obligation , proceeding by their nature from civil law prohibitions, are classified as negative responsibilities. They exist as responsibilities passive type.

Subjects of civil law relations

The concept of the subject of civil law relations covers the circle of persons who are participants in property and personal non-property relations closely related to them, regulated by the norms of civil law. Subjects of civil, as well as subjects of all other, legal relations are called persons. The concept of "person" is generic and applies to all participants in civil law relations: individuals - citizens and legal entities - business partnerships and societies, production cooperatives, state and municipal unitary enterprises, etc.

In accordance with the current legislation, the Russian Federation, subjects of the Federation and municipalities can act as subjects of civil law relations. They are also covered by the concept of "person".

The concept of the subject of civil law relations is a legal concept, a legal category. This means that only the legislator determines the nature and content of the requirements for this category, and, if necessary, makes changes to them. First of all, this refers to the concept and content of such claims, equally concerning both individuals and legal entities, their kind of signs and features, as possessing legal capacity and legal capacity.

Among the subjects of civil law relations, the legislator identifies, first of all, citizens - individuals. In the Civil Code of the Russian Federation, the chapter “Citizens (individuals)” is by no means accidental before the chapter “Legal entities”. The term and concept "citizen" indicates, as you know, the constant political and legal relationship of a person with the state, the presence of mutual political and other rights and obligations of the person and the state. By virtue of this, it is logical to assume that civil legislation, using the term and the concept of "citizen", is addressed exclusively to the citizens of the Russian Federation. But at the same time, it establishes that the rules (norms) contained in civil legislation apply to relations "with the participation of foreign citizens, stateless persons and foreign legal entities, unless otherwise provided by federal law."

Legal capacity of an individual - a participant in civil law relations (civil legal capacity) is defined in the Civil Code of the Russian Federation as “the ability to have civil rights and bear obligations” (clause 1 of article 17). The social and legal significance of civil legal capacity lies in the fact that it acts as a certain condition, or rather, a prerequisite for the emergence and, accordingly, the implementation of subjective rights and legal obligations. The civil legal capacity of an individual arises at the moment of his birth and ends with his death. All citizens (individuals) have legal capacity equally. The essence and content of civil legal capacity consists of the totality of those property and personal non-property, related to property, rights and obligations that an individual can legally possess.

In Art. 18 of the Civil Code of the Russian Federation, the legislator tried to give a list of such property and personal non-property rights that make up the content of the legal capacity of citizens of the Russian Federation, i.e. those civil rights that they may have.

In accordance with this article, Russian citizens can:

1) have property on the right of ownership;

2) inherit and bequeath him;

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

4) create legal entities independently or jointly with other citizens and legal entities;

5) make any transactions that do not contradict the law and participate in obligations;

6) choose a place of residence;

8) have other property and personal non-property rights.

Defining the concept and disclosing the content of the legal capacity of individuals, the legislator at the same time provides guarantees for its preservation and unimpeded implementation. In Art. 22 of the Civil Code of the Russian Federation in this regard states that “no one can be limited in legal capacity and capacity other than in cases and in the manner prescribed by law” and that “full or partial refusal of a citizen of legal capacity or capacity and other transactions aimed at limiting legal capacity or capacity to act are void, except for cases when such transactions are permitted by law. "

Along with legal capacity, an individual who is a participant in civil law relations must also have legal capacity. The civil capacity of an individual is understood as the ability of a citizen to acquire and exercise civil rights by his actions, create civil obligations for himself and fulfill them.(Clause 1, Article 21 of the Civil Code of the Russian Federation).

In practical terms, possession of legal capacity means that a citizen has the ability to personally perform certain legally significant actions, have civil obligations, and also be liable for failure to fulfill these obligations and property damage caused. The essence and content of legal capacity lies precisely in the fact that an individual - citizen has the following abilities:

By their actions, acquire civil rights and create obligations for themselves;

To independently exercise these rights and fulfill obligations;

Be responsible for their failure.

Compared to legal capacity, which belongs equally to every natural person, legal capacity is not the same for all citizens. The legislator distinguishes between several types of legal capacity: full legal capacity, legal capacity of minors aged 14 to 18 years and legal capacity of minors aged 6 to 14 years.

Full legal capacity occurs in individuals with the onset of their majority, i.e. upon reaching the age of 18. In cases where the law allows marriage before reaching the age of majority, a person under the age of 18 acquires full legal capacity according to the Civil Code of the Russian Federation from the time of marriage. Full legal capacity also occurs in a minor when, upon reaching the age of 16, a citizen works under an employment contract, including under a contract, or, with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity.

In accordance with the current civil legislation, "a minor is declared fully capable (emancipation) by decision of the guardianship and guardianship authority - with the consent of both parents, adoptive parents or guardian, or, in the absence of such consent, by a court decision" (Clause 1, Article 27 of the Civil Code of the Russian Federation) ...

Along with full legal capacity, the legislator also provides for the existence of incomplete (partial) legal capacity - legal capacity of minors aged 14 to 18 years. According to Art. 26 of the Civil Code of the Russian Federation, minors between the ages of 14 and 18 have the right to independently perform only the following actions:

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

3) in accordance with the law, make deposits in credit institutions and dispose of them;

4) make small household and other transactions provided by law.

In all other cases, when making certain transactions, they act only with the written consent of their legal representatives - parents, adoptive parents or guardian. For transactions that minors between the ages of 14 and 18 have the right to make on their own, they also independently bear property liability in accordance with the Civil Code of the Russian Federation.

A kind of incomplete (partial) legal capacity is legal capacity of minors under 14 years of age (minors). According to Art. 28 of the Civil Code of the Russian Federation, minors aged 6 to 14 years have the right to make independently only the following transactions:

1) small household transactions;

2) transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration;

3) transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

Minors between the ages of 6 and 14 cannot make all other transactions on their own. On their behalf, all other transactions can only be made by their parents, adoptive parents or guardians. Property liability for transactions of minors, including those made by them independently, shall be borne by their parents, adoptive parents and guardians, unless they prove that the obligation was violated through no fault of theirs. These same persons are also responsible for harm caused by minors.

In accordance with the current civil legislation, it is allowed limitation of legal capacity of individuals, and not only those who have full legal capacity, but also those who have incomplete (partial) legal capacity. With regard to the latter, the GKRF provides that, if there are sufficient grounds, "the court, at the request of the parents, adoptive parents or guardian or the guardianship and trusteeship body, may restrict or deprive a minor between the ages of fourteen and eighteen years of the right to independently dispose of his earnings, scholarships or other income" (p. . 4 v. 26). The exception is those cases when emancipation took place, or when a person, in accordance with the law, entered into marriage before reaching the age of majority and thereby acquired full legal capacity.

With regard to persons with full legal capacity, the Civil Code of the Russian Federation establishes that individuals - citizens who, due to the abuse of alcoholic beverages or drugs, put their families in a difficult financial situation, may be limited by the court in legal capacity in the manner prescribed by the civil procedural legislation. Guardianship is established over each of these persons. A person with limited legal capacity can only make small household transactions on their own. If the grounds, by virtue of which the citizen was limited in legal capacity, no longer exist, the court cancels this restriction. On the basis of a court decision, the guardianship established over a citizen is also canceled (subparagraphs 1, 2, article 30).

Along with limiting legal capacity, the Civil Code of the Russian Federation also provides for the possibility of recognizing a citizen as legally incompetent, which can only be recognized by a court and in the manner prescribed by civil procedural legislation. The basis for such recognition is a mental disorder of the person, as a result of which he cannot understand the meaning of his actions or control them. After a person is recognized as incapacitated, guardianship is established over him. The guardian makes all transactions on behalf of the person who has been declared incapacitated. If the grounds by virtue of which the citizen was recognized as incapacitated, the court recognizes him as such, and on the basis of the court's decision, the guardianship established over him is canceled.

Along with citizens - individuals, participants in civil law relations are also organizations created to participate in property turnover - legal entities.

The main features of a legal entity, enshrined in legislation are as follows:

1) the presence in the ownership, economic management or operational management of separate property, i.e. property isolation of one organization - a legal entity from others;

2) the organizational unity of an organization - a legal entity, its appearance as an integral association, structurally disintegrating, however, in a number of cases into different divisions and having its own management bodies;

3) acting in property turnover and in all other matters on his own behalf;

4) independent property liability of an organization - a legal entity for its obligations;

5) the ability not only to acquire and exercise property and personal non-property rights on its own behalf, but also to bear obligations, to be a plaintiff and defendant in court;

6) the presence of an independent balance and estimate.

Legal capacity of a legal entity, like its legal capacity, arises at the time of the creation of a legal entity and terminates at the time of completion of its liquidation. According to the law, the moment of its state registration is considered the moment of creation of a legal entity. Art. 51 of the Civil Code of the Russian Federation prescribes that a legal entity "is subject to state registration with the justice authorities in the manner determined by the law on the registration of legal entities." Refusal of state registration due to the inexpediency of creating a legal entity is not allowed. Any refusal to register a legal entity, as well as evasion of such registration, can be appealed in court.

The moment of termination of the existence of a legal entity is, in accordance with the Civil Code of the Russian Federation, the completion of the liquidation of a legal entity. According to paragraph 8 of Art. 63 of the Civil Code of the Russian Federation "the liquidation of a legal entity is considered complete, and the legal entity ceased to exist after making an entry about it in the unified state register of legal entities."

Legal entities can engage in certain types of activities only on the basis of a special permit - a license. The list of such activities is determined by law. In cases where a license is required to engage in a particular activity, the right of a legal entity to carry out this activity arises from the moment of obtaining such a license or within the period specified in it and terminates upon the expiration of its validity period, unless otherwise specified in the current legislation.

Depending on the nature of the activities of legal entities, the current civil legislation divides them into two types: commercial and non-commercial organizations. Commercial organizations - legal entities include those organizations that put profit as the main goal of their activities. The resulting profit is distributed among the founders, participants in the resulting civil law relations. Legal entities that are commercial organizations can be created in such forms as business partnerships and companies, production cooperatives, state and municipal unitary enterprises.

Non-profit organizations - legal entities include those organizations that do not have the goal of their activities to make a profit and its distribution among members of a non-profit organization. Legal entities that are non-profit organizations can be created in such forms as consumer cooperatives, public and religious organizations (associations) financed by the owner of institutions, charitable and other foundations. Non-profit organizations can also be created in other forms provided by law. Non-profit organizations can carry out entrepreneurial activity only to the extent that it serves to achieve the goals for which they were created, and to what extent it is consistent with these goals.

Along with commercial and non-commercial organizations, civil legislation allows "the creation of associations of commercial and (or) non-commercial organizations in the form of associations and unions" (Article 50 of the Civil Code of the Russian Federation).

Legal entities, like individuals - participants in civil law relations, for their obligations they bear property responsibility. They are responsible for the obligations with all property belonging to them. In this case, the founder (participant) of the legal entity or the owners of its property are not liable for the obligations of the legal entity. In turn, the legal entity is not responsible for the obligations of the founder (participant) of the legal entity or owner

Along with the regulation of the procedure for the formation, activities and responsibility of legal entities, civil legislation also provides for conditions and procedure for their liquidation. A number of articles of the Civil Code of the Russian Federation are devoted to this. A legal entity in Russia can be liquidated either by a decision of its founders (participants) or by a body of a legal entity authorized to do so by the constituent documents, or by a court decision. The reasons for its elimination in the first case may be:

Expiration of the term for which the legal entity was created;

Achieving the goals for which it was created,

Recognition by the court of the invalid registration of a legal entity in connection with violations of the law or other legal acts committed during its creation, if these violations were irreparable.

The grounds for the liquidation of a legal entity in court may be:

1) carrying out activities without a proper permit (license);

2) carrying out activities prohibited by law;

3) carrying out activities accompanied by “repeated or gross violations of the law or other legal acts”;

4) "the systematic implementation by a public or religious organization (association), charitable or other foundation of activities that contradict its statutory goals";

5) other cases provided for by the Civil Code of the Russian Federation (clause 2 of article 61).

A legal entity that is a commercial organization or acts in the form of a consumer cooperative, charitable or other foundation is also liquidated in accordance with Art. 65 ("Insolvency (bankruptcy) of a legal entity") of the Civil Code of the Russian Federation due to its recognition as insolvent (bankrupt). Liquidation of a legal entity entails its termination without transfer of rights and obligations by way of succession to other persons.

The subjects of civil legal relations can be:

Individuals (citizens of Russia, foreign citizens, stateless persons);

Legal entities (Russian, foreign, international), state and administrative-territorial (public-law) formations with civil legal personality.

The current civil legislation of the Russian Federation includes the Russian Federation, subjects of the Russian Federation and municipalities among the latter.

Legal personality - the social and legal opportunity of a subject to be a participant in civil legal relations. In fact, it is a general type of law secured by the state with material and legal guarantees. Endowing the subject with legal personality is a consequence of the existence of a continuing connection between the subject and the state. It is due to the existence of such a connection that any legal personality is assigned obligations of a fundamental nature - to comply with the requirements of the law, to exercise subjective civil rights in good faith.

The prerequisites and components of civil legal personality are the legal capacity and legal capacity of the subjects. Legal capacity - the ability of a subject to have civil rights and obligations. Legal capacity - the ability of a subject to acquire rights for himself and create responsibilities for himself by his actions. In addition, the legal capacity also covers the subject's delinquency - the ability to independently bear responsibility for committed civil offenses.

Legal entities and adult citizens have all the elements of civil legal personality. Young children and adult citizens recognized as incompetent are subjects of civil rights, being only legally capable. Thus, young children can inherit property. But the practical implementation of the property rights of a minor or incapacitated citizen requires the participation of capable persons - parents, adoptive parents, guardians. Active, independent activity of subjects in socio-economic life is possible only if they have all the elements of civil legal personality.

The construction in our country of a society based on a market economy has objectively led to the expansion of the volume of civil legal personality of persons participating in economic turnover. This means an increase in the range of legal opportunities for these persons to create, acquire, own, use and dispose of material and spiritual benefits in order to organize and carry out entrepreneurial activities and improve personal consumption.

In every civil legal relationship, two parties are distinguished - entitled and obligated. One or more persons (subjects) can act on both the entitled and the obligated party. For example, several citizens decided to buy a residential building with the determination of the share of each. In such cases, there is only one contract for the sale and purchase of a house, and in the legal relationship arising on its basis for the sale and purchase there will be two parties - the buyer and the seller; only one side - the buyer - will be represented by several actors.

The composition of the participants in a civil legal relationship may change in the order of succession, which is understood as the transfer of rights and obligations from one person - the legal predecessor to another person - the legal successor, replacing him in the legal relationship.

Succession is of two types: universal (general) and singular (particular). With a general legal succession, the legal successor, as a result of one legal act, takes the place of the legal predecessor in all legal relations (except for those in which succession is inadmissible). For example, in the event of a merger of legal entities, the rights and obligations in full are transferred to the newly emerged legal entity; when accepting an inheritance, the heirs become participants in those legal relations in which the testator participated; a joint-stock company, created in accordance with the legislation on privatization, acquires all property rights and obligations of the state or municipal enterprise on the basis of which it was created.

Private succession - succession in one or more legal relationships. For example, the tenant of the property, with the consent of the lessor, transfers his rights to use it to another entity, the creditor assigns the right of claim to a third party.

Succession is not allowed in cases where the rights and obligations are of a personal nature (rights to a name, authorship, obligation to compensate for harm, etc.) or there is a direct prohibition on the part of the law.

Any civil legal relationship has its own object, in the capacity of which there is something about which the activity of its participants arises and is carried out.

The activities of subjects of civil legal relations are limited by the limits of subjective civil rights and obligations. But like any human activity, the activity of subjects of civil legal relations, as a result of which subjective civil rights and obligations arise, are carried out and are executed, cannot be pointless. It is always aimed at existing material and ideal goods or at their creation. Due to this, civil legal relations are associated with the system of real life relations, with the material and spiritual values ​​of society through the activities of subjects to acquire, exercise and fulfill subjective civil rights and obligations.

The subject of activity of subjects of civil legal relationship is traditionally referred to as the object of legal relationship. It consists of existing material and ideal goods or the process of their creation. Material goods in their natural state or produced by people in civil law are called things. Things, including money and securities, along with property rights are called property. The process of creating material and spiritual benefits is called either the production of work or the provision of services. Ideal goods are:

a) in the form of products (results) of intellectual activity (works of science, literature and art, inventions, utility models, industrial designs, etc.);

b) in the form of personal non-property and other non-material benefits (honor, dignity, personal name, privacy, etc.).

In modern conditions, in many cases, the subject of activity of subjects of civil relations is information.

Consequently, the objects of civil legal relations can be:

Things and other property, including property rights;

Works and services;

Results of intellectual activity, including exclusive rights to them;

Intangible benefits;

Work plan

Introduction 2

The concept of the subject of civil relations 3

Citizens as subjects of civil law 4

Legal entities as subjects of civil law 12

State and state (municipal) formations

as subjects of civil law 25

Conclusion 27

References 28

Introduction

Like any branch of law, civil law consists of legal norms governing the relevant social relations. The range of public relations governed by civil law is unusually extensive.

Citizens and organizations, carrying out entrepreneurial activities, constantly enter into public relations between themselves, regulated by the norms of civil law. Citizens in their daily life, using the services of various organizations, also enter into social relations governed by civil law. The norms of civil law also apply to relations that periodically arise between citizens themselves. The effect of civil law also extends to such social relations in which citizens do not take part at all. So, the norms of civil law regulate relations between organizations arising in the process of selling manufactured products, transporting them by transport, making payments for delivered products and many others. Civil law regulates relations with the participation of the Russian Federation, constituent entities of the Russian Federation and municipalities.

The range of public relations regulated by civil law is so extensive and diverse that, in principle, it is impossible to give an exhaustive list of them.

However, to understand the subject of civil law and the essence of civil law relations, it is necessary, first of all, to determine the subject of such relations, its features and varieties. Indeed, without knowledge of the spectrum of civil rights and obligations, as well as the volume of legal capacity and legal capacity of various subjects of civil legal relations, it is impossible to accurately determine their place and status in the civil law system.

The concept of subjects of civil relations

Participants in civil relations are referred to as their subjects. Like any social relationship, a civil relationship is established between people. Therefore, either individual individuals or certain groups of people act as subjects of civil legal relations. Certain individuals are referred to in civil law as citizens. At the same time, the subjects of civil relations in our country can be not only citizens of the Russian Federation, but also foreigners, as well as stateless persons (the so-called stateless persons) - characterized by the law by the term “natural persons”.

Along with individual individuals, collective entities that have the characteristics prescribed by law can also participate as subjects of civil legal relations. Such formations include organizations called legal entities, as well as special subjects of civil law - states, national-state and administrative-territorial (municipal) formations (in accordance with paragraph 1 of Article 2 of the Civil Code). Not only Russian, but also foreign legal entities can participate in civil legal relations.

Civil legal relations can arise between all subjects of civil law in any combination.

Thus, the subjects of civil legal relations can be:

• Russian citizens, foreign citizens and stateless persons;
• Russian and foreign legal entities;
• Russian Federation, constituent entities of the Russian Federation, municipalities.

All possible subjects of civil legal relations are covered by the concept of “person”, which is used in the Civil Code and other acts of civil legislation. As subjects of civil legal relations, individuals are characterized by the fact that they are carriers of subjective civil rights and obligations.

Citizens as subjects of civil law

Since legal regulation presupposes the presence of certain qualities in subjects of a particular branch of law, such a category as legal personality has been developed in the theory of law. This category determines what qualities the subjects of legal regulation must have in order to have rights and bear obligations in the relevant area of ​​law.

Legal personality is composed of the totality of such qualities of persons as legal capacity and capacity.

The first one is legal capacity- means the ability to have civil rights and bear responsibilities, and is recognized equally for all citizens from the moment of birth to death (even a newborn child may already have a certain set of civil rights and obligations, for example, to inherit the property bequeathed to him).

Legal capacity is characterized by abstractness and inalienability, since the content of the legal capacity of citizens is revealed through the whole range of rights and obligations that a citizen may have in accordance with civil law. Article 18 of the Civil Code lists, perhaps, only the basic, most significant civil rights, which include the ability to have property on the right of ownership, inherit and bequeath property, make transactions and many others. In addition to these rights, a citizen has the right to have other personal property and personal non-property rights, including those that are not directly provided for by law, but do not contradict the general principles and meaning of civil legislation.

All citizens have civil legal capacity equally. It arises from the moment a child is born and ends with the death of a citizen.

The second term of legal personality - legal capacity- means the ability to acquire and exercise civil rights by one's actions, to create for oneself civil obligations and to fulfill them. Due to the fact that for the legal regulation of economic turnover it is necessary to give the relations a sufficiently stable character, so that they are formed from the conscious volitional actions of the parties, the legal capacity of participants in civil legal relations arises, as a rule, from the moment they reach a certain age, and in full - from the age of eighteen, i.e. coming of age.

The most essential elements of the content of the legal capacity of citizens is the ability to independently conclude transactions (the ability of citizens to transact) and the ability to bear independent property liability (delinquency). As an element of delinquency, the Civil Code identifies the possibility of a citizen to engage in entrepreneurial activity, for which a citizen must undergo state registration as an individual entrepreneur.

Since, unlike legal capacity, legal capacity is associated with the performance of volitional actions by a citizen, which implies the achievement of a certain level of mental maturity, the law provides for the age of a citizen as one of the criteria for legal capacity. Full legal capacity is recognized for adult citizens, that is, those who have reached the age of eighteen. Two exceptions are allowed from this rule: full legal capacity may arise for a citizen even before he reaches the age of eighteen in cases, firstly, marriage by such a person, if his marriageable age has been lowered in accordance with the procedure established by law, and secondly, the announcement of a minor, who has reached the age of 16, if he works under an employment contract or, with the consent of his parents (guardians), is engaged in entrepreneurial activity, fully capable (emancipation).

In view of the fact that a person acquires the necessary knowledge and skills with age, civil legislation provides for a gradual transition of citizens to full legal capacity. For example, at the age of 6 to 14 years, citizens (minors) have the right to independently make small household transactions; transactions aimed at obtaining free benefits that do not require state registration and some other transactions. Upon reaching the age of fourteen, a minor is endowed with the right to make any transactions on his own, subject to the written consent of his legal representatives, and consent can be obtained both before the transaction is completed, or it can be written approval of an already completed transaction. At the age of 14 to 18 years, they have the right independently and without the consent of legal representatives, in addition to transactions made by minors, to dispose of their own earnings, exercise copyrights, in accordance with the law, make contributions to credit institutions and dispose of them, and upon reaching the age of sixteen, be members of cooperatives. This status of citizens is already partial legal capacity. However, for example, in the case of unreasonable spending by minors of their funds, the legal representatives or the guardianship and guardianship authority of the person may apply to the court to restrict or deprive the minor of the right to dispose of earnings.

Although when a citizen reaches the age of eighteen, he receives full legal capacity, situations are possible when the citizen's ability to volitional conscious actions may be impaired due to illness or abuse of alcohol or drugs. In this case, there may be a recognition of a citizen as incapable and limitation of the legal capacity of such a person. If, due to a mental disorder, a citizen cannot understand the meaning of his actions or control them, he is recognized by the court as incompetent and is deprived of the right to make any transactions, even small household ones. On behalf of such a citizen, all transactions are made by his guardian (Article 29 of the Civil Code). If, say, there is an improvement in the mental state of a citizen to such an extent that he becomes able to direct his actions and bear responsibility, the court has the right to make a decision to recognize the citizen as legally capable or to cancel the restriction of his legal capacity, as well as to cancel guardianship and trusteeship over such a citizen.

The separation of legal capacity from legal capacity can take place in relation to citizens, since it is they who have the ability to grow up and gradually acquire certain volitional and mental qualities.

It is believed that the possession of legal capacity alone is sufficient to recognize, say, an incapacitated child in order for him to be a legally recognized participant in civil legal relations. This refers to the replenishment of his incapacity by the legal capacity of his legal representatives, say parents.

However, the possession of a civil legal personality is not enough for a subject to have specific subjective civil rights and bear obligations. Legal personality is only a necessary prerequisite for the possession of subjective rights. For the emergence of specific subjective rights, the emergence of a legal fact is necessary. In other words, a citizen endowed with legal personality has the abstract possibility of acquiring certain rights as a result of any actions or events - legal facts.

Civil personality is the maximally complete, summarily expressed possibility of ownership of rights, which is recognized equally for all persons, expressed in the abstract. That is, for example, when the subject implements such an element of legal personality as the possibility of concluding transactions, the actual possibility of making them does not undergo any changes, but at the same time there is an acquisition, change or loss of any rights and obligations of the subject.

Restrictions on legal capacity or legal capacity can take place and are carried out in the cases and in the manner prescribed by law and only in this way. As a rule, such restrictions on legal personality are associated either with a citizen's illness, as a result of which he loses the ability to adequately assess his own actions, or are possible as a sanction for a committed offense. For example, it is possible to deprive a citizen of the right to engage in entrepreneurial activity for a certain period as punishment for a crime committed.

Legal personality is closely related to the characteristics that individualize a particular subject of law. Individualization of subjects can be carried out by various signs closely related to whether we are talking about citizens, legal entities or other subjects. Such signs for citizens are name, place of residence and acts of civil status.

It is impossible to imagine the normal exercise of civil rights and obligations without a clear idea of ​​who exactly is entering into civil relations. Individualization of each individual citizen is carried out primarily by his name... A citizen receives his name at birth. As a rule, unless otherwise provided by law or national custom, the given name consists of the surname, first name and patronymic. A citizen has the right to acquire all civil rights only under his own name. There are cases provided by law when a citizen has the right to act under an assumed name (pseudonym), or not to use the name at all. So, for example, when publishing works of literature or art, a citizen has the right to release a work, both under his own original name, and using a pseudonym or anonymously (paragraph 1 of Article 15 of the Law of the Russian Federation "On Copyright ..."). Also, in accordance with the law, a citizen has the right to change his name. In this case, all rights and obligations remain with him, however, such a person, in accordance with Article 19 of the Civil Code, is obliged to inform his creditors and debtors about the change of his name.

Another feature that individualizes a citizen is his place of residence.... Along with the name, place of residence allows you to more accurately specify the subject of civil law. Quite often there are cases of complete coincidence of the names of citizens, including surnames and patronymics. However, complete coincidence of place of residence is extremely rare. The place of residence of a citizen is the place where he permanently or predominantly resides. At the same time, the place of residence of the citizen does not matter (it is only one of the proofs of the citizen's preferential residence at a specific address), the location of his property, or the place of residence of the spouse and other similar facts. Citizens have the right to choose their own place of residence, with the exception of cases stipulated by law, and concerning the determination of the place of residence of minors, as well as citizens declared incapacitated due to mental illness. The place of residence of such entities is, as a rule, the place of residence of their legal representatives - parents, adoptive parents or guardians.

Also, the position of a citizen as a subject of civil law is certified by acts of civil status... Acts of civil status are attributed by law to the facts that determine the civil status of a citizen (birth, marriage and divorce, adoption, death, and others). For example, the emergence and termination of the legal capacity of a subject is associated with the moment of birth and the moment of death of a citizen, marriage entails the emergence of the right of common joint property of spouses. Due to the special importance of these facts, the law established a special procedure for their registration in a special state body - the civil registry office (Civil Registry Office). On the basis of the records made, citizens are issued a special document - a certificate with which a citizen certifies his condition in everyday life. For example, a birth certificate for a minor is a document proving his identity until he receives a certain age upon reaching a certain age (at the moment, this age is sixteen, however, in the near future it is possible for the legislator to reduce this age to fourteen years) passports, and to confirm the fact state of marriage, it is necessary to present a marriage certificate.

As already noted, the regulation of civil relations presupposes the participation of a citizen in legal relations. However, there are situations when for a long time there is no information about a citizen at his place of permanent residence, and attempts to find such a citizen do not bring results. As a result of such situations, uncertainty arises in the subject of civil relations. To regulate such situations, the law provides for special rules, which together form the so-called institute of unknown absence... With the help of the norms included in this institution, interested parties can contact the relevant state bodies and achieve the elimination of uncertainty in legal relations, the participant of which is the absent person, or minimize the negative consequences of such uncertainty.

Since in the case of an unknown absence of a citizen, the basis can be taken as the presumption of life (the assumption that the citizen is alive, since the fact of his death has not been established) and the presumption of death (the assumption of the death of a citizen who has been absent for a long time) is most likely more correct will be a position in which the court does not proceed from assumptions about the life or death of a citizen, but simply states the fact of an unknown absence in order to eliminate uncertainty in the subject of relations.

According to civil law, a citizen, at the request of interested persons, can be recognized by the court as missing if, within a year, there is no information about his place of residence at his place of residence. The decision on recognizing a citizen as missing is made by the court in a special procedure (Chapter 28 of the Code of Civil Procedure), while all available facts that may affect the decision are assessed. For example, if the court becomes aware of facts that may indicate a citizen's desire to hide, for example, for fear of being subjected to criminal punishment for a committed crime, the court must refrain from making a decision on recognizing the citizen as missing, since there is a possibility that the unknown of his absence may be eliminated by his search, which is in the competence of the ATS. If the court makes a decision on recognizing a citizen as missing, then a number of actions stipulated by law are taken with respect to the property of such a citizen. In particular, the guardianship and trusteeship body transfers the property of the absent citizen into the trust management of a person determined by this body (in accordance with Article 43 of the Civil Code), maintenance is given out of the property of this person to the citizens whom the absent person is obliged to maintain, and the debt for his other obligations is repaid. Along with the property management institution, an unknown absence may also entail other consequences established by law. For example, a marriage with such a person can be dissolved in a simplified form. If the property of a citizen is such that it needs constant management, then the guardianship and trusteeship body may, even before the expiration of the one-year period established by law, appoint a manager of the property of the absent citizen, however, no payments from the property are made until the court makes a decision on recognizing the citizen. missing.

In the event of the appearance or discovery of the absent citizen's whereabouts, the court cancels the decision on recognizing him as missing and, accordingly, the management of his property is canceled (this point is stipulated in Article 44 of the Civil Code).

If a citizen has been missing for at least five years, then he can be declared dead by the court. This does not mean that the declaration of a citizen as deceased should always be preceded by the recognition of him as missing. The reasons for these actions are largely the same. However, although in the general case the duration of the absence of a citizen to declare him dead is 5 years, there are some special cases. For example, if a citizen disappeared without a trace under circumstances that threatened death or gave reason to assume his death from a certain accident (as special cases: earthquake, hurricane, shipwreck, etc.), then he can be declared dead after a six-month period, and in the case of servicemen or other citizens who have disappeared in connection with hostilities, a court decision declaring a citizen dead may be made no earlier than two years after the end of hostilities.

The day of death of a citizen declared deceased shall be the day on which a court decision on declaring him dead comes into legal force. In the event of the death of a citizen under circumstances that threatened death, the court may recognize the day of the death of this citizen as the day of his alleged death.

The consequences of the court's decision to declare a citizen dead are not specifically provided for by the law, since they must coincide with those that occur when a citizen actually dies: opening an inheritance in the property of a given citizen, termination of marriage and the citizen's obligations that are of a personal nature. In this case, the legal capacity of a citizen declared dead is terminated only from the moment of his actual death.

Although the period of an unknown absence to declare a citizen dead is long enough, it is still possible that such a citizen is alive. In the event of the appearance of such a citizen, the court decision is subject to cancellation. However, the cancellation of a court decision declaring a citizen dead cannot restore some of his rights. For example, if his spouse entered into a new marriage, then the marriage relationship cannot be restored, the inherited property could not be preserved, etc. Therefore, the law provides for special rules in the event of the appearance of a citizen declared dead. A citizen who has been declared deceased has the right, after his appearance, to demand the return of his property, provided that: a) this property has been preserved in nature, b) has passed to its current owner free of charge. Money and bearer securities, as well as proceeds from the sale of a citizen's property, are not subject to reclamation. If the property was transferred under compensated transactions, then it can be reclaimed only from an unscrupulous acquirer, i.e. a person who knew that the citizen declared dead is in fact alive. Such an unscrupulous acquirer is obliged to reimburse the value of the property, which he cannot return in kind (according to Article 46 of the Civil Code).

Legal entities as subjects of civil law

Along with citizens, legal entities are also subjects of civil law - special formations with a number of specific features, formed and terminated in a special procedure established by law. The structure of a legal entity is the main legal form of collective participation of persons in civil circulation, which is necessary due to the fact that the life of modern society is impossible without uniting people into groups, unions of different types, without combining their personal efforts and capitals to achieve certain goals ...

Legal entities perform the following functions:

• Formation of collective interests: the institution of a legal entity in a certain way organizes and streamlines internal relations between the participants in a legal entity, transforming their will into the will of the entire organization as a whole, thus allowing it to act in civil circulation on its own behalf - on behalf of the legal entity;
• The function of pooling capitals: a legal entity (most clearly expressed in this regard - a joint stock company) is the optimal form of long-term centralization of capital, which is necessary for conducting large-scale entrepreneurial activities;
• Limitation of entrepreneurial risk: the structure of a legal entity allows limiting the property risk of a particular participant by the amount of the contribution to the capital of the enterprise;
• Capital management function: the institution of a legal entity creates the basis for a more flexible use of capital belonging to one person in various areas of business.

A legal entity has a number of inherent properties, each of which is necessary, and all of them together are sufficient for the organization to be recognized as a subject of civil law. These properties are as follows:

• Organizational unity of a legal entity. This property is manifested, first of all, in a certain hierarchy, subordination of the governing bodies that make up the structure of the organization, as well as in a clear regulation of relations between its participants. The organizational unity of a legal entity is secured by its constituent documents (charter and / or constituent agreement) and regulations governing the legal status of a particular type of legal entity;
• Property isolation of a legal entity. The property isolation of a legal entity is a combination of many tools (items of technology, knowledge, money, etc.) into a single property complex and creates a material base for its activities. At the same time, the degree of isolation of property for different types of legal entities can vary significantly. So, for example, business partnerships and societies, cooperatives have the right of ownership of the property they own, while unitary enterprises have only the right of economic management or operational management. However, in both cases, the presence of the authority to own, use and dispose of property gives both of them such a degree of isolation, which is sufficient for the recognition of this formation as a legal entity.
• Independent civil liability of a legal entity. This property is regulated by Article 56 of the Civil Code and implies that the participants or owners of the property of a legal entity are not responsible for its obligations, and the legal entity is not responsible for the obligations of the former. It should be noted that a prerequisite for such liability is that a legal entity has separate property, which, if necessary, can serve as the object of claims of creditors.
• Acting as a legal entity in civil circulation on its own behalf is another of its properties. This property means the ability of a legal entity on its own behalf to acquire and exercise civil rights and bear obligations, as well as to act as a plaintiff and defendant in court. And this is precisely the final feature of a legal entity and, at the same time, the purpose for which it is created.

Considering all of the above, it is possible to characterize a legal entity as an organization recognized by the state as a subject of law, possessing separate property, independently responding to this property for its obligations and acting in civil circulation on its own behalf.

Unlike such subjects of civil legal relations as citizens, a legal entity has not a general (or universal - implying the possibility for the subject of the right to have any rights and obligations necessary for the implementation of any kind of activity) legal capacity, but special, implying that a legal entity has only such rights and obligations that correspond to the goals of its activities and are directly recorded in its constituent documents. This is true for all legal entities, with one exception: the new 1994 Civil Code endowed private commercial organizations with general legal capacity.

The legal capacity of a legal entity arises at the time of its creation, which corresponds to the state registration of such an organization, and terminates at the time of its exclusion from the unified state register of legal entities (in accordance with Articles 49 (3), 51 (2), 63 (8) of the Civil Code) ...

The scope of legal capacity of a legal entity is determined not only by its general or special nature. For example, the implementation of certain types of activities requires obtaining special permits (licenses) from the state. In addition, the law may establish special restrictions on legal capacity for certain types of legal entities.

To participate in civil circulation, a legal entity needs not only legal capacity, but also legal capacity. Unlike citizens, legal capacity and capacity for legal entities arise and terminate at the same time.

The acquisition and, to some extent, the exercise of rights and obligations is the prerogative of the so-called body of a legal entity, a person (sole body) or a group of persons (collegial body) representing the interests of a legal entity in relations with other legal entities without special powers. In accordance with article 53 of the Civil Code, it is through its bodies that a legal entity acquires civil rights and takes on duties. Therefore, the actions of the body are considered as the actions of the legal entity itself. Legal entities can have both one body (for example, director, board), and several at the same time (for example, director and directorate, board and chairman of the board), and they can be both sole and collegial. Bodies can either be appointed (if the legal entity has one founder), or elected (if there are several members or founders). At the same time, civil rights and obligations for legal entities can be acquired by their representatives, acting on the basis of a power of attorney issued by the bodies of legal entities.

As noted above, legal personality is closely related to the characteristics that individualize a particular subject of law. In the case of legal entities, its individualizing features are its location and name.

Location of a legal entity, as a rule, is determined by the place of its state registration (unless otherwise specified in the constituent documents of a legal entity). Determining the exact location of a legal entity is important for the correct application of acts of local authorities to it, filing claims, fulfilling obligations against it and solving many other issues.

Name of the legal entity must necessarily include an indication of its organizational and legal form. All non-profit, as well as some commercial organizations, must also include in their name an indication of the nature of the activity. You can also mention such a thing as a firm. A firm or trade name is the name of a commercial organization - the personal non-property right of a commercial organization is inseparable from the organization itself and can only be alienated together with it.

At the same time, in civil circulation, it is necessary to individualize not only a legal entity, but also its products. Manufacturing brands, trademarks, service marks and appellations of origin serve these purposes:

Manufacturing brand- a descriptive way of individualizing a product. A production mark must be placed on the product itself or its packaging and must include the manufacturer's business name and address, the name of the product, a list of consumer properties of the product, etc. A production mark can be applied without special registration, but at the same time it does not enjoy legal protection;

Trademark - emblem or logo... Used to distinguish from similar products from other manufacturers. The use of a trademark is a subjective right of the manufacturer and is possible only after the registration of the mark with the Patent Office. Unlike a production mark, as a rule, it does not contain specific information about the product (manufacturer, consumer qualities, etc.) .;

Service mark- equated to a trademark and is used by organizations that do not produce goods, but are engaged in the provision of services;

Place of origin- is determined by the conditions of a particular area (natural conditions, human factors). The right to use such a name is not exclusive and therefore can be assigned to any person who produces a similar product in the same area.

Legal entities, depending on the nature of the participation of state bodies in their registration, can be formed in several ways:

Permissive procedure for the formation of a legal entity assumes that the establishment of the organization is authorized by one or another competent authority;

Regulatory procedure for creating a legal entity does not require the consent of any third parties, including government agencies. The registration body only checks the compliance with the law of the constituent documents of the organization and the observance of the procedure for its formation. This procedure for the formation of legal entities is the most common both in Russia and abroad;

Regulatory (surrender) order characterized by the fact that a legal entity appears on the basis of only one order of the founder, without requiring special state registration. However, Article 51 of the current Civil Code does not provide for any exceptions to the general rule on the need for state registration of legal entities. Therefore, we can assume that now this procedure for registering legal entities is not applied.

Along with legislation, the legal basis for the activities of any legal entity is its constituent documents. For different types of legal entities, the composition of the constituent documents is different. Thus, limited or additional liability companies, associations and unions operate on the basis of a memorandum of association and charter. The legal basis for the activities of business partnerships (full and limited) is the foundation agreement. For other legal entities, the only constituent document is their charter.

Memorandum of Association can be considered a type of joint venture agreement. It regulates the relationship between the founders in the process of creating and operating a legal entity. Unlike the memorandum of association, the charter is not concluded, but approved by the founders. The difference between the charter and the constituent agreement is not of a fundamental nature and consists only in the procedure for adopting the document. A number of non-profit organizations can also act on the basis of a general regulation on organizations of this type or the general charter of a public association to which they belong.

As noted above, each legal entity must be registered in accordance with the law. State registration is the final stage of the formation of a legal entity, at which the competent authority checks the compliance with the conditions necessary for the creation of a new subject of law, and decides on the recognition of the organization as a legal entity, after which the basic data about the organization are included in the unified state register of legal entities and become available to general familiarization. Registration of legal entities in the Russian Federation is carried out by various authorities, although in accordance with Article 51 of the Civil Code, the registration is entrusted to the justice authorities. However, at the moment, the justice authorities do not have the necessary capabilities for this. Therefore, at the moment the registration of legal entities is carried out by:

• The Ministry of Justice of the Russian Federation and its local administrations - in relation to public and religious institutions;
• Local governments (district administrations) - in relation to homeowners' associations, consumer cooperatives and their enterprises;
• The State Registration Chamber and its local branches - in relation to enterprises with foreign investment;
• Central Bank - in relation to commercial banks.

In addition to the procedures for registering legal entities, the law also stipulates the termination of the activities of legal entities.

The termination of the activity of a legal entity occurs as a result of its reorganization (except for cases of separation from the legal entity of another organization) or liquidation and, as a rule, is of a final nature. However, the law also provides for the possibility of suspension (temporary termination) of the activities of a number of organizations. This measure can be applied in relation to public associations as a sanction for violation of the Constitution and the legislation of the Russian Federation only by a court decision for up to six months.

During the reorganization of legal entities, all the rights and obligations of the reorganized entity or part of them are transferred to other subjects of law, that is, legal succession occurs. Reorganization of legal entities can be carried out:

By merging several organizations into one new one;

By dividing the legal entity into several new organizations;

By joining a legal entity to another;

By separating other legal entities from the organization;

By transformation, that is, by changing the organizational and legal form of a legal entity.

As a rule, the reorganization is carried out by the decision of the participants of the legal entity or the owner of its property, i.e. voluntarily. However, with regard to commercial organizations, the law also provides for such cases when reorganization can be carried out forcibly (for example, this possibility is provided for by Article 19 of the RSFSR Law “On Competition and Restriction of Monopolistic Activity in Commodity Markets”).

When several organizations are separated, divided or merged, at least one new subject of law arises, therefore, in such cases, the reorganization is considered complete at the time of state registration of the newly created legal entities. When new legal entities are merged, it does not arise, therefore, the reorganization is completed at the moment the affiliated organization is excluded from the unified state register.

In many cases, reorganization can lead to negative consequences in the form of restricting competition in the market, therefore, in order to prevent such consequences, paragraph 1 of Article 17 of the RSFSR Law "On Competition and Restricting Monopolistic Activities in Commodity Markets" establishes a mandatory procedure for obtaining the consent of the federal antimonopoly body for a merger or affiliation of commercial organizations, the amount of assets of which exceeds 100,000 times the minimum wage, as well as mergers and acquisitions of unions or associations of commercial organizations.

Since the reorganization of a legal entity can significantly affect the interests of creditors, its prerequisite is the prior notification of creditors, who in this case have the right to demand termination or early fulfillment of the obligations of the reorganized legal entity and compensation for losses.

Liquidation of a legal entity provides for the termination of its activities without the transfer of rights and obligations by way of succession to other persons. By decision of the participants or the body of a legal entity authorized by the constituent documents, it can be liquidated voluntarily, due to the inexpediency of the further existence of such a legal entity, the expiration of the period for which it was created, or for other reasons. Compulsory liquidation is carried out by a court decision, in cases where the activity of a legal entity is carried out without an appropriate permit (license), or such activity is directly prohibited by law, or is associated with repeated or gross violations of the law.

For certain types of legal entities, the law establishes additional grounds for liquidation. For example, commercial organizations (with the exception of state-owned enterprises), consumer cooperatives and funds can be liquidated due to their insolvency (bankruptcy). For business entities and unitary enterprises, such a basis for liquidation is provided as the loss of property, i.e. decrease in the value of the company's net assets below the level of the minimum authorized capital. In both of these cases, liquidation can be carried out both voluntarily and involuntarily.

The procedure for the liquidation of a legal entity consists of several stages and is regulated by Articles 61-64 of the Civil Code. These stages are as follows:

Based on the organizational, functional and other qualities and differences of legal entities, all of them can be classified according to various criteria.

Depending on the form of ownership underlying the legal entity, state and private (non-state) legal entities can be distinguished. All unitary enterprises, as well as some institutions, are among the state ones (which, in this regard, should pursue national interests, which determines the specificity of their legal regulation).

Depending on the purpose of their activity, legal entities can be subdivided into commercial and non-commercial. Commercial organizations include those whose purpose is to generate profit and distribute it among the participants in such an organization. Non-commercial, although they have the right to carry out entrepreneurial activities, but only to the extent necessary to achieve their statutory goals. At the same time, they are not entitled to distribute the received profit between their participants (in accordance with paragraph 1 of Article 50 of the Civil Code).

The composition of the founders can also be attributed to the number of criteria by which legal entities should be classified. Here we can single out legal entities, the founders of which can only be legal entities. Such organizations are called unions and associations. Unitary enterprises are established by the state. All other legal entities can be established by any (with some exceptions) legal entities.

The different nature of the rights of participants in relation to a legal entity makes it possible to classify: organizations to whose property the founders have ownership or other property rights (state and municipal unitary enterprises, as well as institutions); organizations in respect of which their participants have rights of obligation (business partnerships and societies, cooperatives); organizations in respect of which their participants do not have property rights (public associations and religious organizations, foundations and associations of legal entities).

Depending on the volume of property rights (the rights of the legal entity itself to the property it uses), one can distinguish: legal entities that have the right to operational management of property (institutions and state-owned enterprises); legal entities with the right of economic management of property (state and municipal unitary enterprises); legal entities that own the property (all other legal entities).

Business partnerships and companies can also be classified according to what is more important for their participants: the pooling of their personal efforts to achieve business goals (partnerships, personal participation) or the pooling of capitals (companies, property participation).

The previously mentioned procedure for the formation of legal entities can also act as a classification criterion: those formed in a permissive or regulatory manner.

According to the composition of the constituent documents, contractual legal entities are distinguished - business partnerships, contractual and charter - limited or additional liability companies, associations and unions, as well as statutory legal entities.

And, finally, another criterion for the classification of legal entities, traditional for the doctrine of pandectoral law (say, in Germany), but practically not used in our country, is the difference between corporations or unions characterized by the presence of membership, a common goal for many participants, the independence of their existence. from the change of participants, and institutions. Institutions, as opposed to corporations (unions), are usually created by a single founder, who himself determines both the goals of the legal entity and the composition of the property necessary to achieve them. The meaning of this classification is that in this case there is a difference of interests, in the first case these are collective interests, in the second - personal.

All legal entities can be divided into four broad categories: business partnerships and societies, production cooperatives, state and municipal enterprises, and, finally, non-profit organizations. You can also mention the branches and representative offices of legal entities.

Business partnerships- contractual associations of several persons for joint business activities under a common name. Business companies differ from partnerships in that several persons combine their property to conduct business. Certain types of business partnerships and companies have the following features:

• Full partnership... Participants of such an organization bear subsidiary (additional) liability for its obligation with all their property.
• Fellowship on Faith... This partnership consists of two categories of participants: general partners (or otherwise - complements), jointly bearing subsidiary liability for its obligations with all their property, and fellow contributors (partners) who are not liable for the obligations of the enterprise.
• Limited liability company... This company is a commercial organization, the authorized capital of which is divided into shares of predetermined sizes, formed by one or more persons who are not liable for its obligations.
• Additional liability company... This commercial organization has an authorized capital, divided into shares of predetermined sizes. One or more persons who formed it bear subsidiary liability for its obligations in an amount that is a multiple of the value of their contributions to the authorized capital.
• Joint-stock company- a commercial organization formed by one or more persons not liable for its obligations, with the authorized capital divided into equal shares, the rights to which are certified by securities - shares.

Production cooperatives- another type of legal entity. Production cooperatives are associations of persons for joint entrepreneurial activities on the basis of their personal labor or other participation, the initial property of which consists of the shares of the members of the association.

A special kind of commercial organization are state and municipal enterprises... The specificity of these subjects of civil legal relations lies in the fact that their property is, respectively, in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management.

We will also briefly consider certain types of legal entities such as non-profit organizations- organizations that do not pursue the goal of making a profit as the main goal of their activities and do not distribute profits among their participants. Such organizations can be subdivided into:

• Consumer cooperatives... A consumer cooperative is an association of persons on the basis of membership in order to meet their own needs for goods and services, the initial property of which consists of shares.
• Public associations- a non-profit association of individuals based on their community of interests for the implementation of common goals. There are such types of public associations as public organizations, social movements, public funds and some others.
• Religious organizations... An association of citizens with the main goal of the joint confession and dissemination of faith and possessing characteristics corresponding to these goals.
• Foundations... The foundation is a non-profit organization founded to achieve socially useful goals through the use of property transferred to its ownership by the founders.
• An organization created by the owner to carry out functions of a non-profit nature, and financed by him in whole or in part, is called institution.
• Associations of legal entities... It is a non-profit organization formed by several legal entities to conduct activities in their interests.

In view of the large amount of information on the topic I am considering, I decided to limit myself to brief characteristics of certain types of legal entities.

State and state (municipal) formations as subjects of civil law

Bearing in mind the large amount of material available on the topic I am considering, I will allow myself to briefly dwell on such a subject of civil legal relations as the state and state (municipal) formations.

The state, like other subjects of civil law, can participate in civil law relations. However, the legal capacity of the state has a number of features associated with the fact that it is also the main subject of public law, the bearer of power.

* The state exercises power and has sovereignty. The sovereignty of the state distinguishes it from the background of other subjects of civil law. Here are some (main) of the properties of the state, which turn it into a special subject of civil relations:

* The state itself adopts laws, which should be guided by all other subjects of civil law;

* The state can adopt administrative acts, from which civil law relations arise, regardless of the will of the other party;

* The state retains power functions even when it enters into civil law relations built on the basis of equality;

* The state enjoys immunity.

The listed properties do not express all the features of the state as a participant in civil law relations, but even what is named allows us to speak about the special position of the state in civil law.

With regard to the legal capacity of the state, one cannot fail to note the fact that the legal capacity of the state cannot be identical to the legal capacity of various individuals and legal entities, in some ways it is broader, in something narrower. In many respects, the scope of the state's legal capacity is determined by the fact that the state participates in civil circulation not in its own private interests, but in order to most effectively exercise public power. Therefore, the state, entering into civil circulation, must follow its purpose, and the legal capacity of the state can be called target.

Since the state participates in civil circulation not as an indivisible whole, but as a set of subjects of different levels, all these subjects act independently as participants in civil law relations. Three categories of subjects are involved in civil law relations: the Russian Federation; constituent entities of the Russian Federation - republics, krais, oblasts, cities of federal significance, autonomous oblasts, autonomous okrugs; municipalities.

Conclusion

In this course work, I examined the most important aspects of the civil status of various subjects of civil relations; features that distinguish the status of individuals from the status of legal entities, as well as all of them from the state and its subjects in the civil law system.

Of course, it is very difficult to cover all aspects of the properties of various subjects of civil law with the volume of coursework. However, I tried to note all the main points that characterize and classify the participants in civil legal relations. Unfortunately, less attention had to be paid to the peculiarities of the civil status of such a subject as the state and state (municipal) formations. This is primarily due to the fact that the specified subject of law has multiple differences in its status from other participants in civil legal relations due to its special position in the legal system. Therefore, I paid more attention to the other two subjects - individuals and legal entities.

Bibliography

1. The Constitution of the Russian Federation;
2. Civil Code of the Russian Federation, 1994;
3. Civil Procedure Code of the RSFSR;
4. “Fundamentals of Civil Legislation of the USSR”, 1991;
5. Law of the RSFSR “On Competition and Restriction of Monopolistic Activity in Commodity Markets”;
6. Law of the Russian Federation “On Copyright and Related Rights”.
7. Civil law, (edited by Yu.K. Tolstoy and A.P. Sergeev). S.-P. 1996;
8. S.S. Alekseev. "State and Law". Moscow, 1996;
9. Lecture book on civil law.