The Civil Code of the Russian Federation (Chapter 3) understands all categories of individuals as citizens: citizens of the Russian Federation, foreigners, and stateless persons (stateless persons). A citizen acquires and exercises rights and obligations under his own name, including the surname and first name, as well as patronymic, unless otherwise follows from the law or national custom. The acquisition of rights and obligations under the name of another person is not allowed. Pseudonyms in civil law relations can only be used by the authors of works.

Civil capacity(i.e. the ability to have civil rights) arises from the moment of birth and ceases at the moment of death. At the same time, the Civil Code provides for the possibility of declaring a citizen missing or dead by virtue of a court decision. If during the year at the place of residence of a citizen there is no information about the place of his stay, the court, at the request of interested persons, may decide to declare him missing. In this case, the property of a citizen, if necessary, permanent management of it, is transferred on the basis of a court decision to a person who is determined by the body of guardianship and guardianship. This person acts on the basis of a trust management agreement concluded with this guardianship body.

From this property maintenance is issued to citizens whom the missing person is obliged to support, and the debt on other obligations of the missing person is repaid. The body of guardianship and guardianship may, even before the expiration of a year from the date of receipt of information about the place of stay of an absent citizen, appoint a manager of his property. This manager has the right to conclude on his own behalf any transactions in the interests of the absent owner, including making the necessary expenses at the expense of income from the property. The trust management agreement determines the amount of remuneration of the manager for his work.

The court may also declare a citizen dead if there is no information about the place of his stay in the place of his permanent residence:

a) within five years under normal conditions;

b) within six months, if the citizen disappeared under circumstances that threatened his life or gave grounds to assume an accident;

c) within two years after the end of hostilities, if he was at war and was in the theater of operations (Article 45 of the Civil Code of the Russian Federation).

Declaring a citizen dead entails legal consequences similar to natural death, i.e., an inheritance is opened, the marriage is considered terminated, and a corresponding entry is made in the register of civil status. If a citizen declares himself or his place of residence is discovered, then the court cancels its decision, the property received by the heirs is returned, if it has been preserved, the persons who bought his property, but knew that he was alive, return this property free of charge. Money and bearer securities are not returned.

“Citizens can have property on the right of ownership; inherit and bequeath property; engage in entrepreneurial and any other activities not prohibited by law; create legal entities independently or jointly with other citizens and legal entities; make any transactions that do not contradict the law and participate in obligations; choose a place of residence; have the rights of authors of works of science, literature and art, inventions and other legally protected results of intellectual activity; have other property and personal property rights". Obviously, this content is determined by the nature of civil law relations, which were discussed above.

It is also obvious that the ability of a citizen by his actions to acquire and exercise civil rights, create for himself civil duties and fulfill them (civil capacity) cannot arise from the moment of birth.

In this regard, the Civil Code of the Russian Federation establishes the incomplete legal capacity of minors (children from 6 to 14 years old), who can make small everyday transactions, for example, buy ice cream for themselves, as well as participate in donation transactions (receive a bicycle as a gift). Incomplete legal capacity of adolescents (from 14 to 18 years old) means that they can independently manage their income (a scholarship, for example), but they can make transactions with their property only with the consent of their parents (for more details, see Article 26 of the Civil Code of the Russian Federation). Full legal capacity comes from the age of 18, but in cases of marriage registration upon reaching the age of 16, emancipation from the will of the parents of a teenager with labor or entrepreneurial income, the Civil Code allows full legal capacity from this age. Only a court can recognize a mentally ill person as incompetent, and an alcoholic or drug addict as partially incapacitated (Articles 29.30 of the Civil Code of the Russian Federation). The legal capacity of a legally incompetent person is exercised by his actions by the guardian appointed to him.

Legal entities(this is also an invention of ancient Roman lawyers) - these are organizations that, like individuals, are endowed with individual properties that allow them to be subjects (participants) of civil law relations.

The relevant features of a legal entity are formulated in Article 48 of the Civil Code of the Russian Federation. legal entity an organization is recognized that has separate property in ownership, economic management or operational management and is liable for its obligations with this property and money, can acquire and exercise property and personal non-property rights on its own behalf, perform duties, be a plaintiff and defendant in court. Legal entities must have an independent balance sheet or estimate.

All legal entities can be divided into commercial, the purpose of which is to make a profit, and non-commercial, the purpose of which is to satisfy intangible benefits. Wherein non-profit organizations may also engage in commercial activities, but only to achieve their statutory goals and should not share profits among their members. A more specific idea of ​​the existing organizational and legal forms of legal entities is given by the following table:

Table 1

Business partnerships are associations of individuals for entrepreneurial activities, while the founders of the partnership not only jointly manage it, but also bear joint and several liability for its obligations.

Business companies- this is an association not of persons, but of capitals. Limited liability companies differ from partnerships not only in a more complex structure of management bodies, but also in the fact that its founders are not liable for the obligations of an LLC.

Joint stock companies Depending on the nature of the placement of shares and the level of publicity of reports on their activities, they are divided into closed (CJSC) and open (OJSC).

An open joint stock company conducts a free sale of its shares, and a closed joint stock company, in which the number of shareholders should not exceed 50, obliges its members to sell their shares primarily to its other shareholders.

Authorized capital unitary enterprises is not divided into shares, contributions, shares, as in partnerships and companies, because the owner of the property of SUEs and MUPs is the state or municipalities, which, as founders, determine the statutory goals of their activities and approve the composition of their management bodies.

Production cooperatives- these are associations of employees who are at the same time co-owners of the property of their organization, therefore they are entitled to a part of the profits of their cooperative and choose its management bodies based on the principle “one person, one vote”, and not based on the number of shares, as in JSC.

Public associations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical education and sports, meeting the spiritual and other non-material needs of citizens, protecting the rights and legitimate interests of citizens and organizations. They exist in various organizational and legal forms: social movements, organizations, bodies of public amateur performance, religious societies, trade unions, political parties.

institution- this is an organization created by the owner (private, state or municipal) to carry out functions of a non-commercial nature. Institutions (scientific, educational, cultural) are financed by the founder in whole or in part. With a lack of own funds, their debts are paid by the founder (subsidiary, i.e. additional liability).

Charitable Foundation is a non-membership non-profit organization founded to achieve socially beneficial goals through the use of property transferred to its ownership by the founders. Having formed a foundation and transferred certain property to it, the founders lose all property rights in relation to it. The supreme body of the fund is its board of trustees, acting on a voluntary basis, guided only by the goals that the founders have determined for it in the charter, and the provisions of the law.

A non-profit organization formed by several legal entities to conduct activities in their interests is called an association of legal entities ( association or union). Citizens or the state cannot act as participants in such an association.

The association of persons on the basis of membership in order to satisfy their own needs for goods and services, the initial property of which consists of shares, is called consumer cooperative. The legal status of a consumer cooperative is in many ways similar to a production cooperative both in terms of organizational structure and in terms of the rights of participants. However, members of a consumer cooperative are not required to take personal labor participation in its activities and, as a general rule, are not liable for its debts.

The list of organizational and legal forms of non-commercial legal entities, provided for by Art. 116-123 of the Civil Code of the Russian Federation, is not exhaustive. It has already significantly expanded due to special regulations governing the activities of certain types of non-profit organizations - state corporations, non-profit partnerships, autonomous institutions, etc.

An analysis of various forms of legal entities also makes it possible to clarify the content of rights in rem and their difference from rights of obligations. The matter is that economic partnerships and societies are owners of the property belonging to them. At the same time, their founders do not have real rights, but they have the right to distribute profits and participate in the management of their organization, with which they are in a binding relationship.

The founders of unitary enterprises are the owners of their property, which is transferred to the economic management of this enterprise. Right of economic management property, as a kind of property right, is disclosed in Articles 294 - 295 of the Civil Code of the Russian Federation.

The owner of property under economic management, in accordance with the law, decides on the establishment of an enterprise, determines the subject and goals of its activities, reorganizes it and liquidates it. He appoints the director (manager) of the enterprise, exercises control over the intended use and safety of the property belonging to the enterprise, has the right to receive part of the profit from the use of property under the economic management of the enterprise.

An enterprise is not entitled to sell real estate belonging to it under the right of economic management, lease it, give it as a pledge, make a contribution to the authorized (reserve) capital of economic companies and partnerships, or otherwise dispose of this property without the consent of the owner.

The rest of the property belonging to the enterprise, including manufactured products, it disposes of independently, except for cases established by law or other legal acts;

State-owned enterprises and institutions dispose of their property on a different real right - the right to operational management of property(Article 296 of the Civil Code). This means that they own, use and dispose of this property within the limits established by law, in accordance with the goals of their activities, the tasks of the owner of this property and the purpose of this property. State-owned enterprises and institutions have much less independence than unitary enterprises that own property under the right of economic management, the procedure for distributing income received from their activities is determined by the founder-owner. Institutions are the only type of non-profit organizations that do not have the right of ownership, but only the right of operational management of property. However, the founders of public and religious organizations, foundations, associations of legal entities do not have real rights in relation to the property transferred to the legal entity, and do not have rights of obligation in relation to the legal entities themselves.

To complete the list of basic rights in rem, we mention here another right in rem - servitude. easement- limited right to use someone else's thing An example of a personal servitude may be the right of the tenant's family members to use the tenant's housing. If an easement is established in the interests of an indefinite circle of persons, then it is formalized by a legal norm and is called a public easement. A land easement is understood as the right of limited use of a neighboring land plot in order to ensure passage and passage through it, laying and operating communication lines (pipelines, water supply, power lines, sewerage, etc.), as well as other needs of the owner of real estate that cannot be provided without establishing an easement (Article 274 of the Civil Code of the Russian Federation). An easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot and is subject to registration in the manner established for registration of rights to immovable property. In case of failure to reach an agreement on the establishment or terms of the servitude, the dispute is resolved by the court at the suit of the person demanding the establishment of the servitude. In addition to land, there are housing and forest easements. But we emphasize once again that all the rights in rem listed above are derived from the basic right of ownership, more detailed analysis which will be held in the fourth section of this topic.

a) the concept and types of subjects of legal relations

No legal relationship is possible if there are no participants. Participants of civil legal relations are called their subjects.

According to paragraph 1 of Art. 2 of the Civil Code of the Russian Federation, participants in relations regulated by civil law are citizens and legal entities (not only Russian, but also foreign).

The Russian Federation, subjects of the Russian Federation and municipalities may also participate in relations regulated by civil law (clause 1, article 2 of the Civil Code of the Russian Federation).

The concept of "person" refers to all subjects of civil rights. Subsection 2 of the Civil Code is called "Persons" and includes chapters with the title "Citizens" and "Legal entities".

The subjects of civil legal relations can be:

1. Citizens of Russia, foreign citizens and stateless persons.

2. Russian and foreign legal entities.

3. Russian Federation, subjects of the Russian Federation, municipalities.

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

Thus, the subjects of civil legal relations are people and their associations (legal entities and individuals) acting as bearers of the rights and obligations provided for by law.

It should be noted, however, that in some cases, not only people or their community can be the subject of a legal relationship. In some countries, in particular, in England, there are a number of rules in which animals are the subjects of legal relations.

In a legal relationship, several or even an unlimited number of subjects are possible, but from a legal point of view, two opposite sides are still visible in it - empowered and legally bound. One or more persons (subjects) can act both on the authorized and on the obligated side.

Active independent activity of subjects of civil legal relations is possible only if they have the constituent elements of civil legal personality (the ability of a person to be a participant in civil legal relations with all the ensuing consequences):

Legal capacity (the ability of the subject to have civil rights and obligations) (clause 1, article 17 of the Civil Code of the Russian Federation). It should be noted that the content of civil legal capacity is not the rights themselves, but only the opportunity to have them (Article 18 of the Civil Code of the Russian Federation).

· Capacities (the ability of the subject to exercise rights and bear obligations by his actions) (Article 21 of the Civil Code of the Russian Federation). Legal capacity also includes tort capacity - the ability to independently bear responsibility for committed civil offenses.

Tort capacity (ability to answer for civil offenses).

Sanity (which is a condition of criminal liability).

Legal entities and adult citizens have all the elements of civil legal personality. In general, legal personality is one of the mandatory legal prerequisites for legal relations.

Legal capacity arises from the moment of birth of a person (registration of a legal entity) and terminates with the death of a person (liquidation of a legal entity).

Sometimes the law recognizes the possibility of having civil rights for an unborn child.

So, for example, any person conceived before the death of the testator and born after his death can be a legal heir.

Separation of legal capacity from legal capacity can take place in relation to citizens, since they have the ability to grow up and gradually acquire certain volitional and mental qualities. b) Individuals

A person is a subject of many rights and obligations, including civil ones. However, civil law uses a different concept of "citizen" to designate a person as a subject of civil rights and obligations. The Civil Code of the Russian Federation also uses the concept of "individuals", which is unambiguous to the concept of "citizens" (clause 2, article 1).

According to Art. 17 of the Civil Code of the Russian Federation legal capacity, i.e. the ability to have any right or duty provided for or permitted by law is recognized equally for all citizens and is inseparable from a person who has legal capacity throughout his life, regardless of age and state of health - physical or mental. A newborn, mentally ill or feeble-minded person has civil capacity to the same extent as an adult healthy person; just like him, they can become subjects of various civil rights.

The equality of the civil legal capacity of all people to whom the Russian legislation applies follows from the proclaimed and guaranteed ch. 2 of the Constitution of the Russian Federation of the rights and freedoms of man and citizen and is designed to promote the implementation constitutional rights and freedoms of citizens. Chapter 2 of the Constitution of the Russian Federation predetermines the content of civil legal capacity and directly lists many of its elements.

Article 18 of the Civil Code of the Russian Federation lists only the main, most significant civil rights, which include: the right to own property; the right of inheritance and testament; the right to engage in entrepreneurial and any other activities not prohibited by law; create legal entities; make any transactions that do not contradict the law and participate in obligations. This list is not exhaustive. The listed rights are regulated and protected by the norms of the Civil Code of the Russian Federation, special sections or chapters are devoted to them.

The legal capacity of a citizen is terminated only by his death, i.e. termination of the existence of a citizen as a subject of law.

Legal capacity cannot be waived and cannot be restricted by anyone. Transactions aimed at restricting legal capacity are void (part 3 of article 22 of the Civil Code of the Russian Federation). However, limitation of legal capacity is allowed "in cases and in the manner prescribed by law" (part 1 of article 22 of the Civil Code of the Russian Federation). So, the legal capacity for a particular citizen can be limited on the basis of a rule of law in a judicial or administrative order, for example, by a court sentence condemning him to imprisonment or a decision on administrative arrest. There may be such restrictions on the legal capacity of convicts as a ban on holding certain positions (for example, in law enforcement agencies) or engaging in certain (for example, entrepreneurial) activities. There is also the possibility of some restrictions on the legal capacity of foreign citizens in comparison with Russian ones. For example, only Russian citizens can be part of the crew of aircraft and ships or carry out private detective work. Special restrictions on civil legal capacity may be introduced as a retaliatory measure for citizens of those states that have such restrictions for Russian citizens.

Compulsory restriction of legal capacity cannot be confused with the deprivation of a citizen of certain subjective rights. Thus, confiscation of property by a court verdict means depriving a citizen of the right of ownership of certain things and values, but is not associated with a restriction of legal capacity.

Legal capacity, as well as legal capacity, is a subjective right by its legal nature. The content of the legal capacity of citizens is closely related to the content of their legal capacity - we can say that legal capacity is the opportunity given to a citizen to exercise his legal capacity by his own actions.

The most essential elements of the content of civil legal capacity are the ability to independently conclude transactions (dealability), and the ability to bear independent responsibility for illegal actions (tortiousness). As its element, the possibility of a citizen to engage in individual entrepreneurial activity is singled out, for which he must undergo state registration.

According to Art. 22 of the Civil Code of the Russian Federation, no one can be limited in legal capacity except in cases and in the manner established by law. Thus, legal capacity, as well as legal capacity, is inalienable and cannot be limited by anyone, including by the will of the citizen himself.

However, legal capacity, in contrast to legal capacity, is associated with the commission of volitional actions by a citizen, which implies that he has certain qualities: the ability to understand the meaning of his actions, manage them and foresee the consequences of their commission, which depend on his age and state of mind.

There are the following types of legal capacity: 1) full 2) legal capacity of minors aged 14 to 18 years, 3) legal capacity of minors aged 6 to 14 years.

Full legal capacity - the ability of a citizen to acquire and exercise any property and personal non-property rights allowed by law, to assume and perform any duties, i.e. to exercise his legal capacity in full. Full legal capacity is recognized for adult citizens, that is, those who have reached the age of 18. Sometimes the Civil Code of the Russian Federation allows the onset of full legal capacity even before a person reaches the age of 18 (for example, when entering into marriage).

Minors from 6 to 18 years of age and incapacitated adult citizens are endowed with incomplete (partial) legal capacity, in which a citizen is recognized the right to acquire and exercise by his actions not any, but only some of the rights and obligations expressly provided for by law.

So, minors aged 6 to 14 years have the right to make: small household transactions; transactions aimed at gratuitous receipt of benefits, if they do not require a special form; transactions for the disposal of funds specially provided to a minor with the consent of the parents or guardian for a specific purpose or for free disposal (Article 28 of the Civil Code of the Russian Federation).

Although, upon reaching the age of 18, a citizen acquires full legal capacity, the court may also declare incompetent an adult citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them (Article 29 of the Civil Code of the Russian Federation), who in this case loses the right to make any transactions, even small household ones. A guardian is appointed to such a citizen, who makes transactions on his behalf, and is also responsible both for these transactions and for the harm caused by the incapacitated.

In contrast to insanity (Article 21 of the Criminal Code of the Russian Federation), when a person at the time of the commission of a crime (i.e. in the past) could not be aware of his actions (inaction) or manage them due to a mental disorder (according to which the Criminal Code of the Russian Federation also implies a temporary disorder , and other morbid state of mind), civil incapacity is established in case of persistent mental illness or dementia at the time of consideration of the case in court and to assess future actions.

The Civil Code of the Russian Federation also provides for such a concept as limited legal capacity, the basis for the application of which by the court may be the abuse of alcohol or drugs by a citizen, which entailed the difficult financial situation of his family (Article 30 of the Civil Code of the Russian Federation). That is, if a citizen lives alone (does not have a family), this rule cannot be applied to him. A guardian shall be appointed to a person with limited legal capacity. The amount of legal capacity in this case is limited even in comparison with 14-year-olds: such citizens have the right to make only small household transactions. At the same time, the restriction in legal capacity does not affect the independence of the property liability of such persons: they themselves are liable for the obligations arising from contracts and other transactions made by them, and are also responsible for the harm caused by them.

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

The individualization of each individual citizen is carried out, first of all, by his name. A citizen receives a name at birth. A citizen has the right to acquire all civil rights only under his own name. However, the law provides for cases where a citizen has the right to act under a fictitious name (pseudonym), or not to use a name at all, for example, when publishing works of literature or art. The harm caused to a citizen as a result of the unlawful use of his name is subject to compensation (clause 5, article 19 of the Civil Code of the Russian Federation). According to the law, a citizen has the right to change his name. Such a change does not affect his civil rights and obligations and is not a basis for their termination or change, however, a citizen has the right to demand that appropriate changes be made to documents drawn up in his former name, and is obliged to notify his debtors and creditors about this.

Also, for the implementation of the civil legal capacity of a citizen, the determination of his place of residence is important. So, as a general rule, a monetary obligation is fulfilled at the place of residence of the creditor, the place of opening of the inheritance is determined by last place residence of the testator, the jurisdiction of civil cases is determined by the place of residence of the parties (Articles 117,118 Code of Civil Procedure of the Russian Federation). Citizens have the right to choose their own place of residence, with the exception of cases provided for by law and concerning the determination of the place of residence of minors.

The position of a citizen as a subject of civil law is certified by acts of civil status, which are attributed by law to the facts that determine the civil status of a citizen (birth, marriage and dissolution, adoption, death, and others). Due to the special importance of these facts, the law establishes a special procedure for their registration in a special state body - the civil registry office (ZAGS). Based on the records made, citizens are issued a special document - a certificate by which a citizen certifies his condition in everyday life.

In the event that at the place of residence of a citizen during the period established by law there is no information about the place of his stay, he may be recognized by the court as missing or declared dead (Articles 42, 45 of the Civil Code of the Russian Federation). Declaring a citizen dead is legally equated to his physical death - the death is registered in the registry office and the same consequences occur (all his rights and obligations terminate, inheritance opens, etc.). However, if a citizen declared dead has performed legal actions, they are considered valid, because. the declaration of death does not affect the subjective rights of a citizen acquired in the place where it was not known that he was declared dead, since the legal capacity of a citizen declared dead ceases only from the moment of his actual death. c) Legal entities

The structure of a legal entity is the main legal form of the collective participation of people in civil circulation, which at the same time pursue different goals: pooling efforts and capital to achieve common interests or fulfillment of a common task, capital management, more flexible and targeted use of financial resources, limiting entrepreneurial risk.

Any legal entity, in order to be recognized as a subject of civil legal relations, must have certain characteristics, i.e. such properties inherent in it, each of which is necessary, and all together are sufficient for the organization to be recognized as a subject of civil law.

There are four fundamental features of a legal entity:

Organizational unity is a certain hierarchy of governing bodies (individual or collective) that make up its structure, as a result of which it becomes possible to turn the desires of many participants into a single will of a legal entity, and also to express this will. This unity is fixed in the constituent documents of a legal entity and regulations regulating the legal status of a particular type of legal entity;

Property isolation - the union of the material base (cash, equipment, etc.) into a single property complex belonging to this legal entity, and its delimitation from the property of other persons;

Independent civil liability (Article 56 of the Civil Code of the Russian Federation) - a legal entity itself bears civil liability for its obligations, participants or owners of its property are not liable for the obligations of a legal entity that is not liable for their obligations. A necessary prerequisite for such liability is the existence of property, which, if necessary, can serve as an object of claims of creditors;

Speaking in civil circulation on one's own behalf - the ability to acquire and exercise civil rights and bear obligations on one's own behalf, as well as to act as a plaintiff and defendant in court. The use by a legal entity of its own name makes it possible to distinguish it from all other entities and, therefore, is a necessary prerequisite for the participation of a legal entity in civil legal relations.

In the Russian Federation, all legal entities undergo state registration.

Thus, a legal entity is an organization recognized by the state as a subject of law, which has separate property, is independently responsible for its obligations with this property and acts in civil circulation on its own behalf.

Depending on the form of ownership, state and private (non-state) legal entities are distinguished. State (in the broad sense, that is, including municipal) include all unitary enterprises, as well as some institutions. In this classification, one can see a direct analogy with the division of organizations into legal entities of public and private law adopted abroad.

According to the main goals of activity, commercial and non-commercial organizations are divided. Commercial organizations include those whose purpose of activity is to extract profit and distribute it among the participants (business partnerships: general partnership, limited partnership; business companies: limited liability company, additional liability company, joint-stock company, production cooperative).

Non-profit organizations have the right to carry out entrepreneurial activities only to the extent necessary to achieve their statutory goals (consumer cooperatives, public associations, religious organizations, foundations, institutions, associations of legal entities). At the same time, they are not entitled to distribute the profits received among their participants (paragraph 1 of Article 50 of the Civil Code of the Russian Federation).

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

According to the degree of increase in the entrepreneurial risk of the participants, business partnerships are divided into: general partnership, limited partnership, additional liability company, limited liability company, joint-stock company.

Depending on the composition of the founders, it is possible to distinguish: legal entities whose founders can be only legal entities (unions and associations), only the state (unitary enterprises), or any, with certain exceptions, subjects of law (all other legal entities).

By the nature of the rights of participants in relation to a legal entity, the following are distinguished:

Organizations on whose property the founders have the right of ownership or other real right: state and municipal unitary enterprises, as well as institutions;

Organizations in respect of which their participants have rights of obligation: business partnerships and companies, cooperatives;

Organizations in respect of which their members do not have property rights: public associations and religious organizations, foundations and associations of legal entities.

Depending on the scope of the rights of the legal entity itself to the property used by it, legal entities can be distinguished:

Possessing the right of operational management: institutions and state-owned enterprises.

Possessing the right of economic management: state and municipal unitary enterprises.

Owners of property - all the rest.

Depending on the procedure for the creation of a legal entity, they are divided into those formed in a permissive or regulatory order.

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

Unlike citizens, legal entities (with the exception of private commercial organizations) do not have a general (universal) legal capacity (which implies the possibility for a subject of law to have any rights and obligations necessary to carry out any type of activity), but a special one, which implies that a person has only such rights and obligations that correspond to the goals of its activities and are directly fixed in its constituent documents.

The volume of legal capacity of a legal entity is determined not only by its nature. 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.

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

To participate in civil circulation, a legal entity must not only have legal capacity, but also legal capacity. But unlike citizens, in legal entities legal capacity and legal capacity arise and cease at the same time.

In accordance with Article 53 of the Civil Code of the Russian Federation, a legal entity acquires civil rights and assumes obligations through its bodies (sole and / or collegial), representing the interests of this person without special powers. Therefore, the actions of such bodies are considered as the actions of the legal entity itself. Legal entities can simultaneously have one such body (director, board) or several, the bodies can be appointed by the founder or elected (if there are several founders). Also, legal entities may acquire civil rights and obligations through representatives acting on the basis of a power of attorney issued by their bodies.

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

The location of a legal entity, as a rule, is determined by the place of its state registration (unless otherwise provided in the constituent documents of the legal entity). The name of a legal entity must necessarily include an indication of its organizational and legal form. All non-profit organizations, as well as some commercial organizations, must also include an indication of the nature of the activity in their name. A firm or trade name, which is the name of a commercial organization, is a personal non-property right that is inseparable from the organization itself and can only be alienated together with it. The purposes of individualization in civil circulation not only of a legal entity, but also of its products, are production marks, trademarks, service marks and appellations of origin.

In the science of civil law, the following ways of forming legal entities are traditionally distinguished:

1. Managerial. A legal entity arises on the basis of only one order of the founder, its state registration is not required. Since Art. 51 of the Civil Code of the Russian Federation does not provide for exceptions to the requirement for state registration of legal entities, it can be concluded that this procedure does not work in Russia today;

2. Permissive. To create a legal entity, the permission of one or another competent authority is required. Currently, this procedure for the formation of a legal entity is provided, for example, for the formation of insurance companies and banks.

3. Regulatory and attendant. For the formation of a legal entity, the consent of any persons, including state bodies, is not required, but the registering authority checks whether the constituent documents of the organization comply with the law and whether the established procedure for its formation is observed, after which it is obliged to register the legal entity. This procedure for the formation of legal entities is currently the most common both in Russia and abroad.

Along with the legislation, the legal basis for the activities of any legal entity is its constituent documents. At the same time, for different types legal entities, the composition of constituent documents may be different, for example, limited liability companies operate on the basis of a constituent agreement and charter, and the legal basis for the activities of business partnerships is a constituent agreement (Article 52 of the Civil Code of the Russian Federation). For other legal entities, their charter is considered the only constituent document. A number of non-profit organizations may also act on the basis of a general regulation on organizations of this type or a general charter of the public association to which they are members.

Memorandum of Association is a civil law agreement that regulates relations between the founders in the process of creating and operating a legal entity. It is concluded only in writing and comes into force, as a rule, from the moment of conclusion. The difference between the charter and the memorandum of association is not of a fundamental nature and lies only in the procedure for adopting the document. The charter, unlike the constituent agreement, is not concluded, but is established by the founders and comes into force from the moment of registration of the legal entity itself. The charter can be signed not by all the founders, but by persons specially authorized by them.

To register a legal entity, the following documents are usually submitted:

Application of the founders for registration;

Articles of association;

Memorandum of association or decision of the founders on the creation of a legal entity (in the form of minutes of the meeting of founders);

Certificate of payment of the registration fee.

After registration of a legal entity by the competent state body, the main data about it are included in the unified state register of legal entities and become available for public review.

Termination of the activities of a legal entity occurs as a result of its reorganization (with the exception of cases of separation from the legal entity of another organization) or liquidation (voluntary or by a court decision) and, as a rule, is final.

However, the law also provides for the suspension (temporary termination) of the activities of a person - a public association as a sanction for violating the Constitution and legislation of the Russian Federation (only by a court decision for up to 6 months).

During the reorganization, all rights and obligations of the reorganized legal entity or part of them are transferred to other subjects of law, i.e. there is a universal succession. Reorganization can be carried out by:

Merger of several organizations into one new one,

Joining one legal entity to another,

Separation of a legal entity into several new organizations,

Separation from the organization of other legal entities

Transformations, i.e. change of organizational and legal form of a legal entity.

Reorganization, as a rule, is carried out by decision of the participants in the legal entity (or the owner of its property), i.e. voluntarily.

When separating, separating or merging several organizations, at least one new legal entity arises, therefore, in such cases, the reorganization is considered completed at the time of state registration of newly created legal entities. When joining new legal entities, it does not arise, therefore, the reorganization is completed at the time the affiliated organization is excluded from the unified state register.

Since the reorganization of a legal entity may significantly affect the interests of creditors, a prerequisite for it is their prior notification.

The 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.

The liquidation of a legal entity on a voluntary basis is carried out by decision of its participants or an authorized body.

A legal entity can be liquidated forcibly by a court decision (Articles 61-64 of the Civil Code of the Russian Federation), in case of carrying out activities without an appropriate permit (license), or when such activities are expressly prohibited by law or are associated with repeated or gross violations of Russian legislation.

For certain types of legal entities, the law establishes additional grounds for liquidation: insolvency (bankruptcy) - for commercial organizations (with the exception of state-owned enterprises), consumer cooperatives and funds; loss of property, i.e. decrease in the value of the net assets of the enterprise below the level of the minimum amount of the authorized capital - for business companies and unitary enterprises. 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.

State and state (municipal) formations as subjects of civil law. 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 related to the fact that it is also the main subject of public law, the bearer of power.

The main properties of the state, turning it into a special subject of civil legal relations:

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

· · The state may 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 principles of equality;

· · The state enjoys immunity.

All this allows us to talk about the special position of the state in civil law.

In many ways, the scope of the legal capacity of the state 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 these goals, and the legal capacity of the state can be called target.

Since the state participates in civil circulation as a set of subjects of different levels (the Russian Federation; subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous region, autonomous regions; municipal formations), these entities act independently as participants in civil law relations. 3. Objects of civil legal relations concepts and types.

The specificity of civil property legal relations lies in the fact that the object of all these relations is material and intangible goods in the economic form of goods, and these relations themselves are of a commodity-money nature. However, phenomena (objects) that are recognized as such by the state act as objects of legal relations.

Article 128 of the Civil Code of the Russian Federation refers to the objects of civil rights:

Things, including money and securities,

Other property, including property rights;

Works and services;

information;

Results of intellectual activity, including exclusive rights to them (intellectual property);

intangible benefits.

It should be emphasized that the legal understanding of things does not coincide with the ordinary idea of ​​them as material objects of the surrounding world. The most important feature of things, thanks to which they become objects of civil rights, lies in their ability to satisfy certain needs of people. Items that do not have useful qualities or whose useful properties are inaccessible to people are not objects of civil law relations and do not acquire the status of things. Things are only material values: both products of human labor and objects created by nature - land, minerals, plants, etc., that is, material goods, the useful properties of which are recognized and used by people.

From the point of view of the current legislation, living beings (wild and domestic animals), complex material objects (industrial structures, railways etc.), various types of energy (thermal, electrical, atomic, etc.), liquid and gaseous substances, etc.

Thus, under things the science of civil law understands the values ​​of the material world given by nature and created by man, acting as objects of civil rights.

The Civil Code of the Russian Federation uses several bases to classify things. According to their turnover (Article 129 of the Civil Code of the Russian Federation), things, like other objects of civil rights, are divided into free in circulation, limited circulation and withdrawn from circulation.

Transferability is understood as the ability to freely dispose of objects of civil rights by transferring them to other persons. The limitation of turnover is expressed in the fact that the relevant types of objects can either belong only to state organizations or only Russian citizens and legal entities, or be in circulation only with special permits. Things withdrawn from circulation cannot at all be objects of rights and obligations in the field of property relations and the subject of civil law transactions.

On the basis of connection with the land, things are divided into movable and immovable (Article 130 of the Civil Code of the Russian Federation).

The main feature of most properties is their inextricable connection with the land, which is why they usually have an increased value, as well as the impossibility of moving them without disproportionate damage to the purpose. As a rule, immovable things (real estate) include the land plots themselves, subsoil plots, isolated water bodies and everything that is firmly connected with the land, including forests, perennial plantations, buildings, etc. Outside the connection with the land, the relevant objects, such as trees intended for planting, building materials, etc., are not considered immovable things.

In addition to objects that are inextricably linked with the land, Art. 130 of the Civil Code of the Russian Federation also includes aircraft and sea vessels, inland navigation vessels and space objects (artificial satellites, space ships, etc.) as real estate. Other property (for example, elements of engineering infrastructure) can also be classified as real estate by law. A special kind of immovable things is an enterprise as a single property complex, which includes all types of property intended for its activities (Article 132 of the Civil Code of the Russian Federation). The recognition of these objects as real estate, which is typical for the civil legislation of many countries, is due to their high cost and the associated need for increased reliability of the rules for their civil circulation.

All other things that, by direct indication of the law, are not classified as immovable, are recognized as movable property. This division is important due to the different legal regime applicable to movable and immovable things. The main specificity of the legal regime of real estate is that the emergence, transfer, restriction and termination of ownership and other rights to it occurs in a special manner, which usually requires their mandatory state registration. Moreover, things, although falling in their own physical features under the concept of real estate, but not registered as such in the prescribed manner, are not considered real estate.

The body that carries out state registration of rights to real estate and transactions with it is obliged, at the request of the right holder, to certify the registration by issuing a document on the registered right or transaction, as well as provide information about the registration and registered rights to any person. This ensures public access to information about the rights to real estate.

On the basis of divisibility, things are divided into divisible and indivisible (Article 133 of the Civil Code of the Russian Federation). An indivisible thing is a thing, the division of which in nature is impossible without changing its purpose. Divisibility acquires legal significance mainly in relation to the division of common property.

Article 134 of the Civil Code of the Russian Federation also divides things into simple and complex. A complex thing is heterogeneous things that form a single whole, involving their use for a general purpose (as one thing). The effect of a transaction concluded in connection with a complex thing shall apply to all its constituent parts, unless otherwise provided by the contract.

On the basis of a functional relationship, things are divided into the main thing and belonging (Article 135 of the Civil Code of the Russian Federation). An accessory serves the main thing, is connected with it by a general purpose, and follows its fate, unless otherwise provided by the contract.

The Civil Code of the Russian Federation also distinguishes things depending on their purpose and purpose of use. These signs are one of the criteria for distinguishing between a contract of retail sale and delivery, as well as the conditions for applying the rules on compensation for damage caused by goods of inadequate quality, and in other cases.

As things stand out separately: fruits; products; income (Article 136 of the Civil Code of the Russian Federation). Fruits are the material form of what a thing brings from its economic use. Production is the result of the processing of raw materials, the productive use of things. Income - cash and other receipts from a thing, due to its participation in civil circulation. Art. 128 of the Civil Code of the Russian Federation also refers to things as money and securities (bonds, shares, bills, etc.). A security is a document certifying, in compliance with the established form and obligatory details, property rights, the exercise or transfer of which is possible only upon its presentation. Securities become a means of payment, replacing money.

In addition to things, the concept of "property" in civil law in a broad sense also covers property rights and property obligations that have a monetary value.

Along with things, the objects of civil legal relations are the result of actions (work). Thus, the contractor must transfer the result of the work to the customer under the contract. This result can be separated from the actions themselves, as a result of which it is considered as an independent object of civil legal relations. Services are actions, the results of which are inseparable from the activity itself and are consumed in the course of this activity. Intermediary, informational, legal, medical, educational, socio-cultural and other services have become widespread.

V modern world information has long acquired a commercial character and acts as an object of contractual relations related to its collection, storage, processing, distribution and use. As a special object of civil rights, information is characterized by the following features: a) intangibility (information is not limited to those physical objects that act as its carriers); b) non-consumable (subjected only to moral, but not physical aging); c) the possibility of almost unlimited replication, distribution and change in the forms of its fixation; d) the absence of a monopoly on the use of information and the possession of it by the law (excluding objects of intellectual property or official and commercial secrets).

Official and commercial secrets (Article 139 of the Civil Code of the Russian Federation) - a special kind of information that has actual or potential value due to its unknown to third parties, provided that it is not freely accessible on a legal basis and the owner of the information takes measures to protect it. Entrepreneurs usually include data on property status, negotiations, counterparties, transactions, as well as applied technologies, technical solutions, methods of organizing production, and everything that is usually covered by the concept of production secret (“know-how”) to this information.

Intellectual property is a conditional concept used in a number of international conventions and in the legislation of many countries, including Russia, to denote a set of exclusive rights to the results of intellectual and, above all, creative activity, as well as means of individualization of legal entities, products equated to them in the legal regime. , works and services (company name, trademark, etc.). The results of intellectual activity are intangible, but they become objects of civil legal relations only when they are clothed in some kind of objective form that ensures their perception by other people. A material carrier (manuscript, drawing, etc.) acts as a thing and can be transferred to the ownership of other persons, but the result of intellectual activity itself is retained by its creator and can be used by other persons only in agreement with him, except for the cases specified in law.

Intangible benefits are usually understood as having no economic content and inseparable from the personality of their carriers of the benefits and freedoms recognized and protected by the current legislation. These include life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secret, the right to a name, the right of authorship and other intangible benefits.

Individuals and legal entities are equal subjects or parties to civil law relations. Individuals (citizens) can enter into civil law relations both among themselves and with legal entities, and accordingly, on the contrary, legal entities enter into civil law relations between themselves and with individuals. At the same time, the legal status of individuals and legal entities in civil law relations is the same.

In order to enter into civil law relations, individuals and legal entities have legal capacity and legal capacity. The content of these concepts is similar to that in legal relations in general.

At the same time, the Civil Code of the Russian Federation in Art. 17 specifies the concept civil capacity individuals and defines it as the ability to have civil rights and bear obligations. It also states that civil legal capacity is equally recognized for all citizens, arises at the time of the birth of a citizen and ends with his death.

The content of the civil legal capacity of individuals includes the possibility of citizens to have property on the right of ownership; inherit and bequeath property; engage in entrepreneurial and any other activities not prohibited by law; create legal entities independently or jointly with other citizens and legal entities; make any transactions that do not contradict the law and participate in obligations; choose a place of residence; have the rights of authors of works of science, literature and art, inventions and other legally protected results of intellectual activity; have other property and personal non-property rights.

The exercise of one's civil rights is possible if an individual has legal capacity, those. the ability of the subject, established (recognized) by law, to exercise rights and fulfill legal obligations by his actions.

The legal capacity of an individual depends on factors such as:

1) The age of a legally capable subject, since the subject can fully use his legal capacity only after reaching a certain age, when full legal capacity occurs.

In accordance with Art. 21 of the Civil Code of the Russian Federation, full legal capacity comes from the moment a person reaches 18 years of age. A subject who has not reached this age enjoys the rights granted to him with restrictions, i.e. he has limited capacity. The degree of limitation of legal capacity also depends on age, according to which, in civil law, the limited legal capacity of minors (i.e. persons from 6 to 14 years old) and minors (i.e. persons from 14 to 18 years old) are distinguished. Persons under the age of 6 are considered incompetent. Minors between the ages of fourteen and eighteen have the right to independently, without the consent of their parents, adoptive parents and guardian:

- dispose of their earnings, scholarships and other income;

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

- make small household and some other transactions that do not require notarization or state registration.

The law does not fully disclose the concept of a small household transaction, however, an analysis of the norms of the Civil Code of the Russian Federation allows us to assert that small household transactions are those that:

Aimed at meeting the elementary material and cultural needs of the perpetrators or their family members;

Executed, as a general rule, at the very time of their commission and correspond to the age of minors or the interests of other persons admitted to the commission of such transactions;

They are strictly consumer in nature;

They are committed with funds provided by their legal representative or with the consent of the latter by a third party;

Minor in amount;

All other transactions of minors are considered legal upon written consent with them or subsequent approval by their legal representatives of minors - parents, adoptive parents or guardians.

Upon reaching the age of sixteen, minors also have the right to be members of cooperatives.

At the same time, in some cases, for example, when entering into marriage before the age of 18 in the manner prescribed by law, a minor acquires legal capacity in full. In addition, the current legislation of the Russian Federation allows for emancipation, i.e. declaring a minor fully capable by decision of the guardianship and guardianship authority - with the consent of both parents, adoptive parents or trustees, and in the absence of such - by a court decision.

Juveniles aged six to fourteen years have the right to independently commit:

- small household transactions;

- transactions aimed at gratuitous receipt of benefits that do not require notarization or state registration;

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.

All other transactions for minors can only be made by their parents, adoptive parents or guardians, with restrictions aimed at protecting the interests of the minor (Article 37 of the Civil Code of the Russian Federation). They also bear property liability for transactions of a minor (including those committed by him independently), unless they prove that the obligation was violated through no fault of theirs, and are also responsible for the harm caused to them.

Health status a person that affects his conscious-volitional sphere. Persons who cannot understand the meaning of their actions and manage them due to mental illness, dementia, may be recognized by the court as incompetent. The civil rights and obligations of such persons are exercised by their legal representatives - parents, adoptive parents, guardians, trustees.

Limitation of legal capacity and legal capacity is possible only in cases and in the manner prescribed by law. Failure to comply with these conditions entails the invalidity of the act of the state or other body establishing such a restriction.

Limited in capacity can be both a person with partial capacity (from 14 to 18 years old) and a person with full capacity. A minor from 14 to 18 years of age may be limited in the right to independently manage wages, stipends, other income, or even deprived of this right. The law in this case takes into account that minors still have insufficient life experience and that there may be cases of unreasonable spending by them of earnings, scholarships, incomes (Article 26 of the Civil Code of the Russian Federation).

Restriction of partial legal capacity of minors is carried out by the court at the request of parents, adoptive parents, trustees or guardianship and guardianship authority.

The legislator explicitly stated that the restriction or deprivation of a minor's right to dispose of earnings or scholarships is possible "if there are sufficient grounds", which include spending money for purposes that are contrary to the law and moral standards (purchase of alcoholic beverages, drugs, gambling, etc.). ), or their unreasonable spending, without taking into account the needs for food and clothing.

On the basis of a court decision, the earnings (stipend) of a minor, in whole or in part, must be given not to him, but to the persons indicated in this decision - his parents, adoptive parents, guardian. If the court decision indicated a period for restricting or depriving a minor of the right to dispose of earnings, then after this period the legal capacity of the minor is restored to the same extent. If the period of validity of the decision was not specified, it is valid until the minor reaches the age of 18 or the cancellation of such a decision. Such a measure as limiting or depriving a minor of the right to independently dispose of his income cannot be applied to a minor who has acquired full legal capacity as a result of marriage or emancipation.

Adult citizens may be limited in legal capacity on the basis of a court decision and a guardian is appointed to them. The basis for limiting the legal capacity of a citizen is: the abuse of alcohol or drugs, if at the same time he puts his family in a difficult financial situation (Article 30 of the Civil Code of the Russian Federation). This rule contains two legal facts that must be available simultaneously:

A citizen abuses alcohol or drugs;

A citizen puts his family in a difficult financial situation.

For example, if a citizen lives alone and abuses alcohol, he cannot be limited in capacity. From the moment the court decision on the restriction of a citizen's legal capacity comes into force, he can make transactions on the disposal of property, as well as receive a salary, pension or other types of income and dispose of them only with the consent of the trustee, and a citizen with limited legal capacity has the right to make small household transactions independently.

In the event that a citizen ceases to abuse alcohol or drugs, or when the family of a person recognized as having limited legal capacity ceases to exist (divorce, death, separation of the family) and, therefore, the obligation of this person to provide funds for its maintenance has ceased, the court cancels the restriction of his legal capacity.

Full or partial waiver of legal capacity or capacity of a natural person, as well as transactions aimed at limiting legal capacity or capacity, are void, unless such transactions are permitted by law. So, in Art. 1007 of the Civil Code of the Russian Federation provides for the possibility of restricting the agency agreement of the right of the agent and the principal to conclude similar agency agreements and the rights of the principal to engage in independent activities in a certain territory.

Another quality of the subjects of legal relations is inextricably linked with legal capacity and legal capacity - the ability of a person to be responsible for his actions.

Established (recognized) by law, the ability of a person to bear responsibility for their own unlawful acts is called delictual capacity (from lat. delictum- violation, guilt). Since only legally capable and capable persons can perform legally significant actions, only such persons can and will be responsible for these actions and their consequences.

Thus, only a legally capable person can be delinquent. For the actions of incapacitated persons, in cases and to the extent determined by law, parents, adoptive parents, guardians and trustees are responsible.

The concept of a legal entity is contained in Article 48 of the Civil Code of the Russian Federation. According to him, a legal entity an organization is recognized that owns, manages or manages separate property and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, incur obligations, be a plaintiff and defendant in court. Legal entities must have an independent balance sheet or estimate.

From this definition, the following main features of a legal entity can be deduced:

1) organizational unity, those. organization of a legal entity as a single entity with a certain internal structure designed to manage it and achieve the goals of its activities.

2) Property isolation. Entity
to participate in civil circulation must have the right
property, the right of economic management or the right of operational management of a separate, i.e. belonging only to him, property. The presence and composition of property is reflected in the balance sheet or estimate of the legal entity.

3) Independence , that the legal entity itself has the right acquire rights and bear obligations in civil relations, sue and be sued in court.

4) Independent property liability. As a general rule, a legal entity is liable for its obligations with all its property (with the exception of institutions financed by the owner - Article 120 of the Civil Code of the Russian Federation).

Legal entities, participating in civil circulation, may pursue the goals of making profit - commercial organizations , or not have such a goal - non-profit organizations .

To commercial organizations include business partnerships and companies, production cooperatives, state and municipal unitary enterprises. Non-profit organizations are consumer cooperatives, public and religious organizations (associations), foundations, associations of legal entities (associations and unions).

In order to effectively fulfill their goals and objectives, as well as for tax purposes, all legal entities must be individualized, i.e. separated from others like them. Individualization of legal entities is carried out by their name, location of the legal entity, taxpayer identification number and by means of individualization of goods and services of the legal entity (trademark, production mark, service mark). The name of the legal entity must contain an indication of its organizational and legal form and the name itself, for example, Malachite Limited Liability Company.

The location of a legal entity is determined by the place of its state registration, unless otherwise provided in the constituent documents of the legal entity in accordance with the law. In accordance with Art. 5 of the Federal Law of August 8, 2001 No. 129-FZ "On State Registration of Legal Entities", the location of a legal entity is understood as the location of its permanent executive body, and in the absence of a permanent executive body of a legal entity - another body or person who have the right to act on behalf of a legal entity without a power of attorney. This address is used to contact the legal entity.

Based on Art. 84 tax code RF (hereinafter referred to as the NCRF), each taxpayer is assigned a taxpayer identification number that is unified for all types of taxes and fees, including those payable in connection with the movement of goods across the customs border of the Russian Federation, and is valid throughout the Russian Federation. This number is a ten-digit numeric code containing information about the location of the taxpayer and other data that facilitates its search for tax purposes.

Legal entities are created (established) by participants (founders), who can be both citizens and legal entities and state bodies. The established legal entity is subject to state registration.

From the moment of state registration, legal entities acquire legal capacity, which coincides with their legal capacity. The legal capacity of a legal entity terminates with its liquidation, i.e. complete termination of a legal entity without transferring its rights and obligations to anyone.
Civil law distinguishes between general and special legal capacity of legal entities.

The general legal capacity of legal entities implies the ability to have the rights and bear the obligations necessary to conduct any type of activity that is not prohibited by law. Such legal capacity is typical for most commercial legal entities - business partnerships and companies, production cooperatives.

Special legal capacity allows legal entities to have civil rights corresponding to the goals of its activity, provided for in its constituent documents, as well as to bear the corresponding obligations. Special legal capacity is typical for unitary enterprises and non-profit organizations.

In addition, some types of activities, the list of which is determined by the Federal Law of August 8, 2001 No. 128-FZ "On Licensing Certain Types of Activities", legal entities can only be engaged on the basis of a special permit (license). In the absence of a license, a legal entity is incapable of carrying out the licensed activity.

To manage the activities of a legal entity and exercise its legal capacity, when a legal entity is established, its bodies are created, which can be collective (general meeting of participants, management board, board of directors) and sole ( general manager, president, etc.). The procedure for the formation and competence of the bodies of a legal entity are determined in its constituent documents. The bodies of a legal entity, within their competence, represent it in various legal relations without a special power of attorney. Other representatives acting on behalf of and in the interests of a legal entity must be authorized to do so by a special power of attorney.

If it is necessary to carry out activities outside the location of a legal entity, separate subdivisions of legal entities - representative offices and branches can be created .

Representation is a separate subdivision of a legal entity located outside its location, which represents the interests of the legal entity and protects them.

Branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

Heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney.

Representative offices and branches are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it. Representative offices and branches are not legal entities.

3. Ownership: concept, types and methods of protection

Before talking about the right to property, it is necessary to understand what property itself is: is it a special kind of economic relationship that really exists, or is it just an economic and legal category?

Property is the first type of social relations that objectively appears simultaneously with society. Its objects are the tool fund (permanently preserved tools of labor), the economically developed territory, and the extracted (and then produced) products. Having appeared once, the property relation itself becomes a forming and regulating factor for other social relations, first of all, relations in the sphere of material production; the latter, in turn, appears with the first artificial tools.

Only with the development of the technologies of cattle breeding and agriculture, with the selection of productive breeds of domestic animals and plant varieties, specific societies living in the subtropical zone begin to receive a surplus product steadily. Only now the social property, which has dominated since the beginning of human history, is being replaced by private ownership of the means of production and the product produced. With the advent of the surplus product, society had to solve a task of historical importance: to protect the surplus product from its daily expenditure, to create a mechanism for its concentration and accumulation. This task was solved with the help of private property, the economically dominant class and the state.

Thus, property as an economic category can be defined as the attitude of an individual or a collective to the thing that belongs to him as to his own. At the same time, persons who are not the owners of this thing treat it as someone else's.

Property as a social relation rests on the concepts of "mine" and "thine". This applies to any type and form of ownership.

It is necessary to distinguish private property from the personal property of citizens. The difference is that private property has economic essence: concentration of surplus product for the further development of society, as well as for profit. Personal property, on the other hand, has a different task: it is a condition for the individual to consume the necessary material goods (the necessary product). If personal property is used for profit, from a theoretical point of view it is correct to call it private property, for example, a personal car - as vehicle for passengers and cargo.

Thus, property is the first and basic type of social relations. We can say that society begins with the relation of property and the economic relations of distribution, consumption and, later, the production of material goods based on it. With the development of material production as a condition, the relation of property also develops, taking various forms: private, state, municipal and other forms of ownership.

Property as an objective reality has always been in the history of society, and the right of property appears only at a certain stage of historical development, and the main object of its regulation for many centuries becomes private property and all other property based on it. economic relations. It should not be assumed that the right of property appeared later than property and that it simply formally legally reflected it in its norms and even enshrined it in a separate legal institution. In fact, law did not consolidate the former property relations. On the contrary, it was needed in order to protect the newly emerged relations based on private property from the influence of old relations based on tribal property, or in other words, public property.

Therefore, when they say “property right”, one must understand “private property right” (in the broadest sense of the word). Ownership is always someone else's, there is no one's own property.

In paragraph 1 of Article 209 of the Civil Code, the powers of the owner are revealed using the “triad” of powers traditional for Russian civil law: possession, use and disposal. The right of possession is understood as a legally based (i.e., legally secured) opportunity to own this property, keep it in your household (actually own it, list it on your balance sheet, etc.). The right to use is the possibility, based on the law, of exploitation, economic or other use of property by extracting from it useful properties, its consumption. It is closely connected with the right of possession, because in most cases it is possible to use property only by actually owning it. The authority to dispose means the possibility of determining the legal fate of a thing by changing its ownership, state or purpose (alienation by contract, inheritance, destruction, etc.).

Taken together, these powers, as well as others that do not contradict the law, at first glance, exhaust all the possibilities provided to the owner (including the ability to eliminate the interference of other persons). However, here one should apply the understanding of property rights in a broad (objective) sense: it does not matter who exactly currently owns, uses and disposes of a thing, what is important is that it has one "absolute" owner - the owner.

The powers of possession, use and disposal are elements of all real-law institutions, and not just property rights, they constitute the legal content of real-law relations.

Now we can define ownership. In an objective sense the right of ownership appears as the historical necessity of the economic domination of the owner (class of owners) over the thing belonging to him, dictated by the objective logic of the development of society, expressed in legal norms and protected by the power of the state .

In a subjective sense - a legally expressed possibility of the owner's economic dominance over a certain thing (to own, use and dispose of).

In economic terms, the owner, at his own discretion, to perform any actions in relation to it that do not contradict the law, as well as the ability to eliminate the interference of other persons of a thing, not only the owner can be its user and manager. Life itself makes it necessary to allocate appropriate powers in the right of ownership: the right to own, use and dispose.

The existence of private property and the modern society based on it already fundamentally implies the need for its own protection, since private property inevitably clashes the interests of individual owners, but mainly it obliges the latter to protect it, to protect it from a large number of people who want to join their ranks. The right to private property is the privilege of the few, the latter being the result and at the same time the condition for the existence of private property itself.

Property is established not by the force of a legal norm, but by the force of objective historical development, and therefore the protection of property rights is not so much of a legal, as of a socio-historical nature. Therefore, the protection of property rights in general view there is a social necessity realized through state-legal institutions.

The main guarantor in the issue of protecting the right of private property in Russia is the Constitution, which provides that “private, state, municipal and other forms of property are recognized and protected in the same way”. The Constitution guarantees equal protection for all forms of ownership.

The right to property (in the sense of a certain state of ownership of material goods fixed by law) is protected by the norms of almost all branches of law: criminal, administrative, labor, land, family and others. But the central place, of course, is occupied by civil law and within its framework - the institution of protection of property rights and other real rights, to which Ch. 20 of the Civil Code of the Russian Federation.

The means of protection of property rights include: a claim for the recovery of property from someone else's illegal possession (vindication claim) and a claim for the elimination of violations not related to deprivation of possession (negatorial claim), in scientific literature they are also called "property remedies".

A vindication claim (Article 301 of the Civil Code of the Russian Federation) states that the owner has the right to reclaim his property from someone else's illegal possession, that is, this claim is defined as a claim by a non-owning owner against a possessing non-owner. When filing a vindication claim, first of all, it is necessary to establish whether the property was acquired by the illegal owner in good faith or in bad faith. A bona fide purchaser is one who did not know and could not know that the property was acquired from a person who did not have the right to alienate it. On the contrary, if the acquirer knew or should have assumed that the alienator is not the owner of the property and has no other authority to transfer the property of the owner to him, then he is considered to be in bad faith.

From an unscrupulous purchaser, the owner has the right to claim property always, in all cases. As for a bona fide purchaser, the owner has the right to demand from him and receive back his property in the following two cases: 1) if the property was acquired by this person free of charge (for example, presented to him); 2) if the property was lost by the owner or by the person to whom the owner transferred this property into possession, or stolen from one or the other, or left their possession in another way against their will. However, this general rule does not apply to property such as money and bearer securities; paragraph 3 of Art. 302 indicates that money and bearer securities cannot be claimed from a bona fide purchaser.

A negatory claim is a claim by the owner who owns the thing to a third party to remove obstacles that interfere with the normal exercise of ownership (Article 304 of the Civil Code of the Russian Federation: “The owner may demand the elimination of any violations of his right, even if these violations were not connected with deprivation of possession”) .

If during vindication the plaintiff at the time of bringing the claim does not own the thing that is in the unlawful possession of the defendant, then in the case of a negatory claim the plaintiff owns the thing, but the defendant, by his unlawful behavior, prevents the plaintiff from exercising his right of ownership normally. For example, the use of residential premises by tenants of an apartment building was hindered due to illegal storage of building materials by a construction company in the immediate vicinity of the entrance. Since such warehousing was of a lengthy nature, the residents of the house collectively filed a negative claim against the construction company. The plaintiff's claim may be aimed not only at prohibiting the defendant by his unlawful behavior from interfering with the normal exercise of property rights, but also at eliminating the consequences of the offense, while the plaintiff may demand compensation for damages. This claim is not subject to the statute of limitations.

Not only the owners, but also other holders of property rights have the right to bring the above claims. So, the owner of the right of economic management can file a negatory claim both against a third party and against the owner himself (Article 305 of the Civil Code of the Russian Federation).

It is necessary to distinguish between the protection of property rights and other rights in rem and the protection of the property interests of the owner or possessor of property from their violations that are not related to any infringement of property rights. It is possible to use property-law remedies only in cases when the right of ownership and other property rights are called into question, a dispute arises around them. In other words, they can be used only when the actions of the offender are directly connected with the change legal status property. So, for example, damage to property is not directly associated with a violation of property rights, there is an indirect connection here: the owner will not be able to exercise his right to use this property (for example, a damaged vehicle). In such cases, it is impossible to demand the elimination of a violation of the right to use and, accordingly, use a negatory claim, since no one directly prevents the owner from using his property. In order to protect the infringed right of the owner, it is necessary to use the legal remedy of obligations to protect the property interest, that is, to file a claim for compensation for the damage caused to the owner.

Therefore, in addition to the obligations-legal remedies for protecting property rights mentioned in the scientific literature, other civil-law remedies should be called remedies for protecting property interests.

Civil legal relations- these are relations in society that appear between subjects of civil law, depend on the freedom and will of the subjects of these legal relations, are based on observance of civil duties and rights and comply with the legislation of the Russian Federation.

Civil legal relations are usually governed by the rules of civil law. The participants in these relations have an equal relationship to tangible and intangible goods and certain rights and obligations through which this equality is expressed. Civil law is often compared to administrative law. The main difference between these rights is that in administrative legal relations the subjects are not equal to each other. since one of the participants has a large number of rights and powers. These often include the relationship between authorities and citizens. In civil law, the participants are equal among themselves, one person cannot obey another person. This type includes various transactions, drafting contracts, relations regarding property, and so on.

Classification and types of civil legal relations

If the main criterion is the object of civil legal relations, then the following types are distinguished:

• Property relations are relations related to the economy, which are coordinated with the help of civil law norms and have a legal basis. Usually arise about property.
• Non-property relations are relations that do not concern property.

Property relations are preferred to be divided into the following types:

Real- attitudes that relate to the relationship to material goods.

obligatory- relationships that arise regarding intellectual property rights or the provision of services.

If the main classification criterion is the nature of the relationship, then the following types are distinguished:

Absolute- this is a relationship in which an authorized person usually enters into a relationship with an indefinite binding person or circle of persons.

relative- these are relations in which relations arise between the authorized and certain obligatory persons.

Real legal relations are usually referred to as absolute relations, and obligations are referred to as relative ones.

The concept of an object of civil legal relations

The objects of civil legal relations are certain benefits that cause the emergence of these legal relations between subjects.

In the Civil Code, these items are designated as objects of civil rights.

In article 128 of the Civil Code of the Russian Federation, objects include securities, shares, rights to property, services, creations of intellectual labor, money, information and other benefits.

These types of objects, in turn, differ in manifestations and characteristics. Some of them can be felt, others are manifested in actions, others can only be understood at the level of emotions and consciousness.

In the Civil Code, these items are allocated in different categories to ensure the regime in which leading role plays right. This regime determines the value of objects in human activity and contributes to the drafting of legal norms in relation to them.

The legal regime is a certain set of rules, which is established with the help of norms. It helps to find out whether a certain subject can serve as an object of legal relations, under what conditions these relations can be canceled and how much rights this or that subject has. Most states set themselves the goal of protecting the rights and freedoms of a citizen, therefore, they enshrine certain types of behavior and norms in a separate set of rules and laws. For example, the Constitution of the Russian Federation has the highest legal force and provides for the protection of human rights.

Types of civil legal relations

Specialists distinguish material and intangible objects of legal relations. Material objects include services, things, objects and works.

Civil law, in turn, provides for various classifications of things. These items can be movable and immovable, simple and complex, divisible and indivisible, consumable and inconsumable, animate and inanimate, with the possibility of participation in circulation and without the possibility of participation, main things and accessories, divisible and indivisible.

Negotiable things include such objects of legal relations that can pass from the possession of one entity to another.

Items that may be in the possession of one subject without the possibility of transfer do not have the opportunity to participate in circulation. Participation in the turnover is allowed only with a special document.

Things that cannot participate in circulation are called withdrawn from circulation.

Groups of immovables, in turn, consist of the following objects:

• land;
• water objects;
• subsoil plots;
• forests;
• perennial plantations;
• buildings and structures.

Many people prefer to classify things that are mandatory for registration by the state as immovable things. These include space objects, inland navigation vessels, air and sea vessels.

Specialists also include things that are not related to real estate as movable things. These include various types of securities and money.

Information is data that is unique. They do not belong to other people and are protected by the norms of the Civil Law. Such information includes trade secrets and official secrets. Such information is of value only when the information is not in the public domain and the person in possession of it tries not to destroy the violation of its confidentiality.

Intangible goods can never participate in turnover. The right to these benefits is determined when a person is born.

Intangible benefits include physical condition, life, health, personality, privacy and its inviolability, family secrets, the right to authorship, and so on.

These objects are generalized among themselves due to the lack of materiality and possible involvement in property legal relations. Civil Legislation is fully aimed at protecting certain rights and preventing violations.

Abstract of lectures on jurisprudence Ablezgova Olesya Viktorovna

3.3 Subjects of civil legal relations

The subjects of civil legal relations are:

– individuals (citizens, foreign citizens, stateless persons)

– legal entities – collective subjects of civil legal relations (Russian, foreign)

– The Russian Federation, constituent entities of the Russian Federation, and municipalities, in cases where they are participants in civil circulation.

In order to be the subject of a legal relationship, its participant must have legal personality, that is, the ability to be a subject of law. It consists of legal capacity and capacity.

In order to be the subject of a legal relationship, its participant must have legal personality, i.e., the ability to be a subject of law. It is made up of legal capacity and capability.

Legal capacity- the ability to have civil rights and bear obligations.

Civil legal capacity is recognized equally for all citizens, arises from the moment of birth and ends with death (Article 17 of the Civil Code of the Russian Federation). The scope of legal capacity is defined in Art. 18 of the Civil Code of the Russian Federation, which includes the main, most significant civil rights. The list is not exhaustive.

legal capacity- means the ability to acquire and exercise civil rights by one's actions, to create civil obligations for oneself and fulfill them.

Unlike legal capacity, legal capacity is associated with the commission of volitional actions by a citizen, which implies the achievement of a certain level of mental maturity. From here it arises in full with the onset of adulthood (18 years).

Limitation of legal capacity and recognition as incapacitated is possible only in cases and in the manner prescribed by law. Thus, a citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared legally incompetent by a court. Guardianship is established over him (Article 29 of the Civil Code of the Russian Federation)

The law allows for the restriction of the legal capacity of citizens who abuse alcohol or drugs (Article 30 of the Civil Code of the Russian Federation). Such a restriction is intended to protect the property interests of the family and is allowed only if the citizen, by his actions, puts his family in a difficult financial situation. Guardianship is established over him. He has the right to independently make only small household transactions (the rest with the consent of the trustee). However, such a citizen bears independent property responsibility.

A legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.

Depending on the objectives of the activity, the law distinguishes the following types of legal entities:

– commercial- the main purpose of whose activities is to make a profit (their list in the law is exhaustive):

> business companies (open and closed joint stock companies, limited liability companies, additional liability companies)

> business partnerships (general partnerships, limited partnerships)

> production cooperatives

> unitary enterprises

– non-commercial- do not aim to make a profit (an indicative list in the law):

> religious and public associations

> consumer cooperatives

> homeowners associations

> institutions

> associations and unions of legal entities, etc.

A legal entity is subject to state registration with the authorized state body in the manner determined by the law on state registration of legal entities. State registration data are included in the unified state register of legal entities, open to the public (clause 1, article 51 of the Civil Code of the Russian Federation).

Paragraph 2 of Art. 54 of the Civil Code of the Russian Federation determines the location of a legal entity by the place of its state registration, unless otherwise provided in the constituent documents of the legal entity in accordance with the law.

According to paragraph 2 of Art. 8 of the Federal Law of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” (as amended on July 2, 2005), state registration of a legal entity is carried out at the location of the permanent executive body, in the absence of such an executive body - at the location of another body or person entitled to act on behalf of a legal entity without a power of attorney.

Individualization of a legal entity- i.e., its selection from the mass of other organizations is carried out by locating and assigning a name to it.

Each legal entity has its own name, indicating the organizational and legal form. All non-profit organizations, as well as some commercial ones, must also include an indication of the nature of the activity in their name.

If a legal entity is a commercial organization, then it must have a company name registered in the prescribed manner and belonging only to it (Article 54 of the Civil Code of the Russian Federation) A legal entity whose company name is registered in the prescribed manner has the exclusive right to use it. It is inseparable from the organization itself and can only transmit together with it.

Additional requirements are imposed on the company names of legal entities of specific organizational and legal forms, in particular, the company name of an LLC must include the name of the company and the words “limited liability” (clause 2 of article 87 of the Civil Code of the Russian Federation), etc.

There are also ways to individualize the results of the activities of a legal entity - trademarks, service marks, appellation of origin, production marks.

This text is an introductory piece.

§ 3 Subjects of inheritance legal relations

§ 6. Subjects and objects of investment legal relations The subjects of investment legal relations can be individuals and legal entities, including foreign ones, as well as states and international

§ 9.2. Subjects of legal relations These are participants in legal relations who have subjective rights and legal obligations. These include individuals and organizations. Individuals are citizens of the respective state, as well as foreign citizens and stateless persons

67. Participants and subjects of land legal relations Land and other natural resources are used and protected as the basis of life and activity of the peoples living in the respective territory, and may be in private, state, municipal and other forms

8. Subjects and objects of environmental legal relations Subjects of environmental law are persons who have the rights and obligations provided for by environmental legislation.

10. Subjects of civil procedural legal relations Subjects of civil procedural legal relations are individuals and legal entities endowed by law with certain procedural rights and obligations in accordance with their position in the case. V

The composition of legal relations. Objects and subjects of legal relations The composition of any legal relationship is the totality of the object and subject, its subjective rights and obligations. The object of the legal relationship is the phenomenon that gives rise to the rights and obligations of participants

Individuals (citizens) as subjects of civil legal relations and their types Individuals include both citizens of the Russian Federation and foreign citizens entering into civil legal relations on the territory of the Russian Federation, as well as stateless persons. Individuals

§ 4 Subjects of civil procedural legal relations Subjects of civil procedural legal relations can be divided into three groups: - court, judge; - persons participating in the case; - persons contributing to the implementation of justice. The court is an obligatory subject

15. Subjects of civil procedural legal relations Civil procedural legal relations can arise only between bearers of civil procedural rights and obligations in the

4. Subjects of civil procedural legal relations The subjects of civil procedural legal relations are individuals and legal entities endowed by law with certain procedural rights and obligations in accordance with their position in the case. V

17. Objects of civil legal relations Objects of civil legal relations - those benefits, about which the subjects of law enter into legal relations among themselves, or what their subjective rights and obligations are aimed at. There are no objectless relationships. All good

11. Subjects of corporate legal relations

8. Subjects of inheritance legal relations The range of subjects of inheritance legal relations can be determined both by means of a will and on the basis of a law. The heir does not have to have full legal capacity or reach a certain age. Heirs may