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The rights to the submitted objects by the subject. Other objects of civil rights. Property of individuals and legal entities

The objects of civil rights are understood as those benefits (both tangible and intangible), about which civil legal relations are formed.

Legal regulation of objects of civil rights is carried out by subsection 3 of section 1 of the Civil Code of the Russian Federation.

In accordance with Article 128 of the Civil Code of the Russian Federation, the following types of objects of civil rights are distinguished:

1) property - things, including money and securities, as well as property rights;

2) works and services (actions);

3) protected results of intellectual activity and equivalent means of individualization (intellectual property);

4) intangible benefits.

The legislator, using the term "property" in legal regulation, puts into it a different content. In some cases, property is understood as individual things or their combination (for example, in obligations from causing damage to property - clause 1 of article 1064 of the Civil Code of the Russian Federation). In other cases, things and property rights (for example, a legal entity is liable with all its property - clause 1, article 56 of the Civil Code of the Russian Federation).

In third cases - things, property rights and obligations of the subject, including exclusive rights (for example, the composition of the inheritance includes things belonging to the testator on the day the inheritance was opened, other property, including property rights and obligations - Articles 1110, 1112 of the Civil Code of the Russian Federation ).

Works and services are a fairly common object of legal obligations and can be characterized through the category of "action". The difference between them is traditionally made according to the criterion of providing a materialized result: the person performing the work is obliged not only to perform the actions provided for by the contract, but also to hand over to the customer their material result (created, processed thing). If the result is not achieved, the work is not considered completed. The service provider performs only certain actions and is not obliged to provide any material result. At the same time, the provision of services is not ineffective, the consumer is interested in a certain effect from the service. However, in most cases, the achievement of such a result, the effect of the service is completely independent of its performer, so its failure does not affect the performance of the obligation (for example, educational, legal, medical services).

The objects of civil legal relations are also protected results of intellectual activity and equivalent means of individualization. The objects of exclusive rights are:

1) the results of creative activity, among which are works of literature, science, art (objects of copyright); phonograms, performances, productions, broadcasts of on-air or cable broadcasting organizations (objects of related rights); inventions, utility models, industrial designs (objects of patent law);

2) means of individualization of legal entities, individualization of enterprises, products, work performed or services (company name, commercial designation, trademark, service mark, etc.), equated in the legal regime to the results of creative activity.

The essence of exclusive rights is that only their owner has the right to use the object of intellectual property and dispose of it. Third parties can use it only with the consent of the copyright holder, except as otherwise provided by law (for example, it is allowed without the consent of the author and without paying royalties, but with the obligatory indication of the name of the author whose work is used and the source of borrowing: quoting to the extent justified by the purpose citation, scientific, research, polemical, critical and informational purposes).

Things. Things in civil law are recognized as material objects of the outside world both in their natural state and as the result of human labor, having a certain value and acting as objects of civil rights.

Things are characterized by the following features.

1. The material nature of things. These are physically tangible objects materialized in one form or another. For example, a work of literature as an original form of presenting the author's intention is not a thing, it is an intangible good.

A thing is a material carrier on which a literary work (book, manuscript) is presented. The legal regime of things has various substances extracted by human labor (oil, gas in pipelines), energy resources (electricity, thermal energy).

Things, as a rule, are the result of human labor. The exception is land and other natural resources, which, being created by nature, are actively used by man.

Animated objects (animals) are also considered by civil law as things - objects of subjective civil rights.

2. An important feature of things is their ability to satisfy certain human needs (both material and spiritual). Things are created to satisfy human needs.

Things are classified on various grounds. Classifications of things are of great legal importance.

Depending on turnover(opportunities for free disposal of a thing) distinguish things that are allowed in circulation, limited in circulation and withdrawn from circulation (Article 129 of the Civil Code of the Russian Federation). At the same time, turnover means a set of transactions and other legal facts that entail the transfer of ownership of property.

As a general rule, things are freely tradable, unless otherwise expressly provided by law. They can be freely alienated or transferred from one person to any other person in the order of universal succession (inheritance, reorganization of a legal entity) or in another way without any restrictions (clause 1 of article 129 of the Civil Code of the Russian Federation).

Restricted tradable items are those that can belong only to certain participants in the circulation or whose presence in circulation is allowed by special permission. For example, weapons can only be sold to a person who has the appropriate license.

Items withdrawn from circulation are items that are not allowed to be in circulation. Basically, these are things that are in the exclusive state ownership, which cannot be alienated to other subjects. Items prohibited by applicable law (for example, pornographic publications, fake documents, etc.) have been withdrawn from circulation.

Things are divided into immovable and movable (Article 130 of the Civil Code of the Russian Federation). The concept of real estate is collective and combines two groups of objects.

The first group is distinguished on the basis of the connection of the object with the ground, these are objectively immovable objects. It includes, firstly, objects of natural origin - land plots, subsoil plots, isolated water bodies; secondly, objects that are firmly connected with the land, the movement of which is impossible without disproportionate damage to their purpose (buildings, structures, objects of construction in progress).

A special object of real estate is an enterprise, which is a property complex used for entrepreneurial activities (Article 132 of the Civil Code of the Russian Federation). An enterprise as a property complex is property in the broadest sense, it includes: firstly, things (both immovable and movable) intended for its activities, including land, buildings, structures, equipment, inventory, raw materials, products; secondly, the rights of claim; thirdly, debts; fourthly, the rights to designations that individualize the enterprise, its products, works and services (trademarks, service marks), and other exclusive rights, unless otherwise provided by law or contract. In the case of a transaction with an enterprise as a whole as a property complex, all the named property is subject to transfer, unless exceptions to this rule are established in the law or the contract.

The second group includes property that is not related to land, however, is directly related by law to immovable things.

In particular, paragraph 2 of paragraph 1 of Art. 130 of the Civil Code of the Russian Federation classifies as real estate aircraft and sea vessels subject to state registration, inland navigation vessels, space objects, i.e. objects objectively intended for movement in space. The extension of the legal regime of real estate to them is due to their high cost and the need to take into account the rights to these objects.

The legal significance of this classification is that the rights to real estate arise, transfer and terminate from the moment of their state registration. In addition, transactions with these objects directly specified in the law (for example, a contract for the sale of an apartment) are also subject to state registration.

State registration of the emergence, transfer and termination of the right of ownership and other real rights to immovable things of the first group, restrictions of these rights is carried out in accordance with the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It ". State registration is carried out at the location of real estate within the registration district by the competent registration authority (Rosreestr and its territorial bodies). Information on state registration is entered in the Unified State Register of Rights to Real Estate and Transactions with It, which is open for interested persons to familiarize themselves with it.

Registration of immovable objects of the second group is carried out in special registers, which are maintained for each of their types, and are regulated by the Air Code of the Russian Federation, the Code of Inland Water Transport of the Russian Federation, the Merchant Shipping Code of the Russian Federation and legal acts adopted in accordance with them (Federal Law of March 14 2009 No. 31-FZ "On state registration of rights to aircraft and transactions with them", Rules for the registration of ships and rights to them in commercial sea ports, approved by Order of the Ministry of Transport of the Russian Federation dated July 21, 2006 No. 87).

Things not related to real estate, including money and securities, are recognized as movable property. Registration of rights to movable things and transactions with them is not required, except in cases specified in the law. For example, according to Article 10 of the Federal Law of May 26, 1996 No. 54-FZ “On the Museum Fund of the Russian Federation and Museums in the Russian Federation”, transactions with museum objects and museum collections included in the specified Museum Fund are registered in the State Catalog of the Museum Fund Russian Federation.

Distinguish things individually-defined and certain generic features. Individually defined things are considered things that differ in specific, only inherent characteristics. These may be things that are one of a kind; things that are identified by location, number or otherwise. Generic things are things that are determined by common characteristics (number, weight, brand, etc.). This classification is important, firstly, for the qualification of a legal relationship (for example, only individually defined things can be the subject of storage, lease agreements, and generic things can be the subject of a loan agreement); secondly, to fulfill the obligation. Individually-defined things can be forcibly claimed (Article 398 of the Civil Code of the Russian Federation). They are recognized as legally irreplaceable; in case of loss or damage to such a thing, one cannot demand from the obligated person to provide similar things. Things defined by generic characteristics are recognized as legally replaceable, therefore their death does not release the obligated person from the performance of the obligation, he must provide similar things.

Items can be consumable or non-consumable. Consumables are things that, in the process of their use, cease to exist (for example, food) or change their properties (for example, building materials, processed raw materials). Non-consumable are things that do not lose their natural properties in the process of their use for a sufficiently long time (equipment, buildings, vehicles, etc.). This classification must be taken into account when qualifying contractual relations (for example, only a non-consumable thing can be leased).

There are also divisible and indivisible things (Article 133 of the Civil Code of the Russian Federation). Divisible is a thing that, as a result of the division, does not change its purpose, any part of it can perform the same function as the thing as a whole (for example, food).

An indivisible thing is a thing, the division of which in kind is impossible without changing its purpose. This classification is important in the division of objects of common property (Article 252 of the Civil Code of the Russian Federation), in determining the nature of the obligations arising from such things (clause 1 of Article 322 of the Civil Code of the Russian Federation).

If heterogeneous things form a single whole, which implies their use for a common purpose, they are considered as one thing (complex thing). Complex things include a headset, a service, a library, a collection, etc.

Things can be correlated as the main thing and belonging (Article 135 of the Civil Code of the Russian Federation). An accessory is a thing intended to serve another, main, thing and associated with it by a general purpose (for example, a musical instrument and a case). As a general rule, ownership follows the fate of the main thing, unless otherwise provided by the contract.

Things are divided into animate (animals) and inanimate. Animals are subject to civil rights along with inanimate things. In relation to animals, the general rules on property are applied insofar as otherwise is not established by law or other legal acts. However, the legislation establishes a requirement according to which, in the exercise of rights, cruelty to animals, which is contrary to the principles of humanity, is not allowed.

Fruits, products and incomes are specially allocated (Article 136 of the Civil Code of the Russian Federation)- income received as a result of the use of the main thing. As a general rule, they belong to the person who uses this property legally (for example, a thing belonging to the owner is used by the lessee, who acquires the right to the fruits, products and incomes received as a result of using the thing).

Money. Securities. Money (currency) and securities are a special object of civil rights, since their value is determined not by their natural properties, but by the amount of money expressed in a banknote or coin and the property rights certified by the security.

The main function of money is to serve as a means of payment. Legal tender, obligatory for acceptance at face value throughout the Russian Federation, is the ruble, which consists of 100 kopecks.

In addition, money can act as an independent subject of some transactions (loan, credit). Money can be cash (banknotes and coins) and non-cash - cash in bank accounts and bank deposits. Accordingly, cash and non-cash payments are distinguished. The Central Bank of the Russian Federation sets the maximum amount of cash settlements between legal entities for one transaction, which is periodically reviewed and increased due to inflation. In accordance with Directive No. 1843-U dated June 20, 2007 “On the maximum amount of cash settlements and spending cash received at the cash desk of a legal entity or the cash desk of an individual entrepreneur”, cash settlements in the Russian Federation between legal entities, as well as between legal by a person and a citizen engaged in entrepreneurial activities without forming a legal entity, between individual entrepreneurs, related to their entrepreneurial activities, within the framework of one agreement concluded between these persons, can be made in an amount not exceeding 100 thousand rubles.

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.

A security is characterized by the following features.

1. This is a strictly formal document. The types of securities are determined by law, which specifies the form of the security and its mandatory details. For example, article 913 of the Civil Code of the Russian Federation contains a list of mandatory details of a double warehouse receipt. The absence of obligatory details of a security or non-compliance of a security with the form established for it shall entail its nullity.

Article 143 of the Civil Code of the Russian Federation establishes a list of types of securities, which can be expanded by law or in the manner prescribed by it. These include a government bond, a bond, a bill of exchange, a check, a deposit and savings certificate, a bank savings book to bearer, a bill of lading, a share, privatization securities.

2. A security certifies the property rights of its holder. The types of rights certified by securities are determined by normative acts. For example, a bill of lading certifies the right to receive a sum of money, a bill of lading - the right to cargo transported under a contract of carriage by sea. With the transfer of a security, all the rights certified by it are transferred in aggregate. It is impossible to transfer only a part of the rights certified by the security.

3. The sign "beginning of presentation" means that the exercise or transfer of rights is possible only upon presentation (presentation) of the security. Other documents certifying property rights (for example, an IOU) serve as proof of the existence and content of the right, their presentation is not a necessary condition for the exercise of the right.

4. Only a legitimized person, i.e. a person recognized as entitled to a security, can exercise property rights.

5. An obligation embodied in a security is of an abstract nature, since a refusal to fulfill an obligation certified by a security with reference to the absence of a basis for the obligation or its invalidity is not allowed (Clause 2, Article 147 of the Civil Code of the Russian Federation). For example, despite the fact that the contract of sale is declared invalid and the obligation to make payment has disappeared, the check intended to pay for the goods under this contract must still be paid. This rule is aimed at ensuring the reliability of securities.

Depending on the method of legitimation (designation) of the authorized person, securities are divided into bearer, order and registered.

A bearer security is a paper the rights of which can be exercised by any of its holders. Legitimation is based on one fact of presenting the paper to the obligated person. To transfer to another person the rights certified by a bearer security, it is sufficient to hand over the security to this person (Clause 1, Article 146 of the Civil Code of the Russian Federation).

A registered security is a paper, the rights of which belong to the person directly named in it. The way of legitimation is to verify the identity of the owner of the paper with the person indicated on it. The rights secured by a registered security are transferred in the manner established for the assignment of a claim (§ 1, Chapter 24 of the Civil Code of the Russian Federation), except in cases where the transfer of rights under a registered security is prohibited by law (for example, in accordance with paragraph 2 of Article 880 of the Civil Code of the Russian Federation, a nominal check is non-transferable). The person transferring the right under a registered security is not liable for its failure to fulfill it, it is only responsible for the invalidity of the corresponding requirement (clause 2, article 146 of the Civil Code of the Russian Federation).

An order security is a paper, the rights of which belong to the person named in it, who can exercise these rights himself or appoint another authorized person by his order (order).

The rights to order securities are transferred by making an endorsement on this paper - an endorsement, which is usually written on the back (Italian indosso - on the back, on the back). Legitimation is based on the presentation of paper by a person whose name completes a continuous series of endorsements. The person who made the endorsement is called the endorser, the person to whom or to whose order the rights under the security are transferred is called the endorser.

There are three types of endorsement: 1) blank - without specifying the person to whom the performance should be made.

In this case, any holder of the security will be legitimized. He may deliver the paper either by mere delivery or by making an endorsement by warrant; 2) order - an endorsement containing an indication of the person to whom or whose order the execution should be carried out; 3) mandate - an endorsement that instructs to exercise the rights certified by a security without transferring these rights to the endorsee. In this case, the endorsee acts as a representative.

An order security is the most reliable due to the fact that, unlike a registered security, the persons transferring rights from it are responsible not only for the invalidity of the requirement, but also for its non-performance. According to paragraph 1 of Art. 147 of the Civil Code of the Russian Federation, the person who issued the order security, and all the persons who endorsed it, are jointly and severally liable to its legal owner. In this case, the person who has fulfilled the requirements of the legal owner acquires the right of a reverse claim (recourse) to the other persons obligated by the security (responsible to him).

Article 149 of the Civil Code of the Russian Federation provides for the possibility of the existence of book-entry securities. In fact, these are property rights that are recorded not on paper, but in non-documentary form (with the help of electronic computers, etc.). The issue of non-documentary securities is possible only in cases specified by law or in the manner prescribed by it. It is envisaged that the rules established for securities shall apply to the non-documentary form of fixation of rights, unless otherwise follows from the peculiarities of fixation.

Intangible goods and their protection. Intangible benefits and personal non-property rights belonging to a citizen from birth or by virtue of law are recognized as a special object of civil legal relations. Chapter 8 of the Civil Code of the Russian Federation is specially devoted to the protection of intangible benefits. According to Article 150 of the Civil Code of the Russian Federation, the protection of intangible benefits is carried out on the basis of their broad understanding, covering not only the actual intangible benefits (life, health, honor, dignity, etc.), but also personal non-property rights (the right to free movement, choice of place of residence and residence, etc.).

Intangible benefits are characterized by the following features: 1) they do not have a property content and are not subject to an accurate monetary value; 2) are inextricably linked with the personality of their carrier, therefore they cannot be alienated or transferred in any other way; 3) personal non-property rights are absolute, the authorized person is opposed by an indefinite number of obligated persons who must refrain from violating non-material benefits.

The list of intangible benefits protected by civil law methods is not exhaustive. Any violated intangible good is subject to protection if its essence and the nature of the consequences of this violation allow the possibility of using methods of protecting civil rights (Article 12 of the Civil Code of the Russian Federation). Compensation for moral harm is a universal way to protect violated intangible benefits. In addition, the Civil Code of the Russian Federation and other laws may provide for special ways to protect violated intangible benefits.

According to Article 151 of the Civil Code of the Russian Federation, moral harm is understood as the physical and (or) moral suffering of a citizen. Thus, non-pecuniary damage is non-pecuniary damage. Since the restoration of the situation that existed before the violation of intangible benefits is often impossible, compensation for the harm caused in cash is carried out.

A citizen may experience moral suffering in connection with a variety of offenses, but they are compensated only if there is a legal basis. As a general rule, moral damage is subject to compensation in cases where it is caused by actions that violate the personal non-property rights of a citizen or encroach on other non-material benefits belonging to him. Compensation for non-pecuniary damage is carried out in accordance with Article 151 of the Civil Code of the Russian Federation; no special law is required for this.

Moral damage caused by a violation of the property rights of a citizen is subject to compensation only in cases provided for by law. For example, according to Article 15 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”, moral damage caused as a result of violation of consumer rights is subject to compensation.

The basis for compensation for moral harm is the presence, firstly, of the physical and moral suffering of a person whose intangible benefit is violated; secondly, the unlawful action (inaction) of the tortfeasor; thirdly, the causal relationship between the action and the resulting harm; fourthly, the guilt of the tortfeasor. Compensation for moral damage, regardless of guilt, is possible only in cases provided for by Article 1100 of the Civil Code of the Russian Federation and other laws (for example, in the case of dissemination of information discrediting the honor, dignity, business reputation, the moral suffering of this citizen is subject to compensation regardless of the fault of the disseminator of such information).

Compensation for moral damage is made in cash (Articles 151, 1101 of the Civil Code of the Russian Federation). The legislation establishes the following criteria for determining the amount of compensation for moral damage:

1) taking into account the degree of guilt of the offender in cases where guilt is the basis for compensation for harm (Articles 151, 1101 of the Civil Code of the Russian Federation);

2) taking into account the degree of physical and moral suffering associated with the individual characteristics of the victim, as well as the actual circumstances under which the harm was caused (Articles 151, 1101 of the Civil Code of the Russian Federation);

3) taking into account the requirements of reasonableness and fairness (Article 1101 of the Civil Code of the Russian Federation). These criteria are evaluative in nature, so the role of judicial discretion in determining the amount of compensation for moral damage is very large.

Compensation for non-pecuniary damage can be applied both independently and in combination with other methods of protecting civil rights, including compensation for damages, recovery of a penalty and other material claims. In the latter case, the amount of compensation for non-pecuniary damage depends on the amount of property damage subject to compensation, and should also be based on the nature and extent of the moral and physical suffering caused in each specific case.

Article 152 of the Civil Code of the Russian Federation establishes special rules for protecting the honor, dignity of a citizen and the business reputation of a citizen or legal entity.

Honor is a socially significant assessment of a citizen by public opinion; dignity is a citizen's self-assessment of his moral, professional and other qualities. The business reputation of citizens and legal entities is understood as the prevailing public opinion about the professional merits and demerits of a person (citizen or organization).

The basis for the application of the rules of Article 152 of the Civil Code of the Russian Federation is the dissemination of untrue information discrediting the honor, dignity and business reputation of a citizen or the business reputation of a legal entity.

The dissemination of defamatory information should be understood as the publication of such information in the press, broadcast on radio and television, demonstration in newsreel programs and other media, distribution on the Internet, as well as using other means of telecommunications, presentation in official characteristics, public speaking, statements addressed to officials, or a message in one form or another, including oral, to at least one person. The communication of such information to the person to whom they concern cannot be recognized as their dissemination if the person who provided this information has taken sufficient confidentiality measures so that they do not become known to third parties.

Information that does not correspond to reality is statements about facts or events that did not take place in reality at the time to which the disputed information relates.

Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities” and an information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 23, 1999 are devoted to this category of cases. No. 46 "Review of the practice of resolving disputes related to the protection of business reputation by arbitration courts."

Discrediting, in particular, are information containing allegations of a violation by a citizen or legal entity of the current legislation, committing a dishonest act, incorrect, unethical behavior in personal, public or political life, bad faith in the implementation of production, economic and entrepreneurial activities, violation of business ethics or customs business transactions that detract from the honor and dignity of a citizen or the business reputation of a citizen or a legal entity (see paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 No. 3).

In paragraph 1 of Art. 152 of the Civil Code of the Russian Federation establishes the presumption of inconsistency with the reality of information discrediting the honor, dignity or business reputation of a citizen or organization (presumption of integrity). The person who has disseminated such information shall be obliged to prove its conformity with reality.

A special method of civil law protection, aimed directly at restoring the violated intangible benefit - honor, dignity or business reputation, eliminating the consequences of the dissemination of discrediting information, is their refutation. If it is impossible to identify the person who has disseminated information discrediting the honor, dignity or business reputation of a citizen, the person in respect of whom such information is disseminated has the right to apply to the court to recognize the disseminated information as untrue.

The law establishes specific methods of refutation in two cases. If information is disseminated in the media, it must be refuted in the same media. If defamatory information is contained in a document emanating from the organization, such document is subject to replacement or revocation. However, a simple replacement or revocation of a document is not enough; it is necessary that they be accompanied by a message about the discrepancy between the reality of the information contained in them (actually a refutation).

In other cases, the procedure for refutation is established by the court based on the need to maximize the restoration of honor, dignity and business reputation, its compliance with the conditions for the dissemination of information (for example, if discrediting information was reported in a letter to a specific person, sending this person a new letter with a refutation of the previously stated information).

A citizen in respect of whom discrediting information is disseminated, along with the refutation of such information, has the right to demand compensation for losses and moral damage caused by their dissemination, and a legal entity - compensation for losses.

Such demands may be made regardless of the requirement to refute the discrediting information.

Chapter three. STANDARDS OF LAW AND RELATIONSHIPS

3. SUBJECTS OF LAW. OBJECTS OF LAW.

1. What is a "subject of law"?

Subjects of law are persons with legal personality, i.e. citizens, organizations, public entities that may be bearers of rights and obligations, participate in legal relations.
The expressions "subject of law" and "persons with legal personality" are the same. Here the terms "subject" and "person" mean the same thing.
The concept of legal status has a broader meaning. When talking about the legal status of a person, it means that it has both legal personality and a certain range of fundamental rights that determine its legal position in society or in a given area of public life. For example, when it comes to the status of an official, then this also means the fact that such a person has an authoritative administrative legal personality, i.e. occupies positions of power, and the fact that, in accordance with its competence, it has a certain range of imperative powers, on the basis of which it can resolve certain issues.

2. Legal capacity and legal capacity.

Legal personality covers two elements:
legal capacity - the ability to have subjective rights and bear legal obligations, i.e. just have them;
legal capacity - the ability to acquire and exercise rights independently, through their actions, create duties for themselves and fulfill them (Article 21 of the Civil Code of the Russian Federation).
This distinction applies mainly to citizens, since the ability to independently exercise their rights and obligations depends on the age and mental state of the person. Therefore, this or that citizen - a minor, mentally ill, unable to control his actions - is legally capable, but not in all cases capable. In relation to such citizens (so that there are persons who could exercise and protect their rights), guardianship or guardianship is established.

3. Types of subjects.

The main types of entities are as follows:
a) individual subjects. These include citizens, i.e. individuals who have the citizenship of a given country, foreign citizens, as well as stateless persons;
b) organizations. These are collective entities. These include various types of non-profit and commercial organizations - state organizations (state bodies, state enterprises), private firms and public associations; -
c) the state, state and municipal formations. They include the state as a whole as a subject of international law or financial relations according to the budget (treasury), state formations - republics, regions, territories, as well as municipal administrative-territorial formations, such as cities.
It is necessary to see the difference in the legal personality of persons in the field of public law and in the field of private law.
In the field of public law, these are mainly issues of legal subordination and subordination, i.e. issues of the competence of state bodies and officials, on the one hand, and on the other hand, the passive legal personality of subordinate and accountable persons, their duties and responsibilities arising from the power acts of state bodies and officials.
In the field of private law (civil, labor, family) there is a fundamental legal equality of all subjects, regardless of their status. Here all subjects are equally "faces". At the same time, they differ:
individuals (individual subjects - citizens, foreign citizens, stateless persons);
legal entities (organizations). It is necessary to pay attention to the fact that a legal entity is not just any collective entity, but only a collective entity in the field of private law, property, labor and similar relations. In private law relations, the state, state and municipal entities as subjects of ownership, contracts are equated to a legal entity, i.e. in principle, they do not differ from the provisions of other subjects, including individuals, citizens.
According to the new civil legislation of the Russian Federation, a citizen has the right to engage in entrepreneurial activities without forming a legal entity (but with mandatory state registration as an individual entrepreneur). The head of the peasant (farm) economy operates in the same order. According to Art. 23 of the Civil Code of the Russian Federation, in these cases, the rules of the Code on legal entities that are commercial organizations apply, in principle.

4. Objects of law.

This is another (after the "content" and "subjects", the third) element of the legal relationship.
The object of a legal relationship is that object of the surrounding world, a material or non-material good, about which (in relation to which) a legal relationship has developed.
The nature of the object often significantly affects the rights and obligations of persons.
In those cases that were cited at the beginning of the book, it is easy to see, say, that in public transport, legal rights and obligations in public transport directly depend on whether passengers occupy seats over which a sign "for passengers with children and disabled people" is placed, or other places, i.e. in this case, from the object of rights and obligations
The object is very important in property relations, in other property and copyright relations, and in any other legal relations, where the rights and obligations of subjects depend on the nature of this good.

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The objects of law are spiritual and material goods, about which the subjects enter into different relationships. Their circle is very diverse and wide. A list of such benefits is present in Art. 128 GK.

Law: object

The concept of "spiritual and material wealth" is used as a general term. It contains the variety of things, legal possibilities, about which the subjects enter into transactions. In Art. 128 of the Civil Code establishes the following list of objects:

Things. These include, among other things, securities, money, other property, as well as rights in rem.
Services, works.
Information.
Products of intellectual activity and rights to them.
intangible benefits.

Each good can correspond to one or another type of law. An object, for example, it can be in economic management, use (rent), operational management, ownership. The last type is considered the most complete in content.

Material values

Property is an object of law, which is considered in the broad and narrow sense. The content of this category is determined with respect to specific relationships. Property can be a certain thing or a combination of them. For example, Art. 301-303, as well as 305 of the Civil Code, provide for several ways to protect the interests of the owner. In these norms, property reclaimed from illegal possession is considered as one thing or a certain number of them that has left the possession of the owner or entity in which the objects were in operational management, households. management and on other acceptable conditions. Certain legal options may be included in the content of this category. For example, according to Article 63 of the Civil Code (clause 3), both things and rights in rem act as the property of a liquidated legal entity.

Peculiarities

Property in a broad sense, as follows from the above information, are things and rights to them. Moreover, the latter may have a number of specific features. For example, in Art. 132 of the Civil Code are mentioned. Clause 2 of this norm contains a list of values that can participate in various transactions and be used in the activities of the enterprise. Among them are present - plots that are in use, ownership or possession, and the legal possibilities that the subject implements regarding them. The values involved in the turnover include structures, buildings, inventory, products, equipment - individually defined things. The company can enter into transactions with means of individualization - designations by which the company differs from others in the market. Trademarks, trade name - . Special rules apply to them.

Inheritance

The property passing in the order of succession may include things, property rights and obligations of the owner. The exception is goods that are inextricably linked with the personality of the subject. These include, in particular, the right to compensation for damage to life / health, to receive maintenance payments, obligations under the copyright agreement to create works of art, etc.

Money

They also act as object of law. This means that money can participate in different transactions. For example, they can act as the subject of a donation agreement, loan, loan agreements. Typically, money is used as legal tender. The object of law is divisible movable thing. Regarding these values, one nuance should be noted. In some cases, money is understood to mean certain things (banknotes, for example), when it comes to cash payments. In other cases, they are implied when they talk about funds in bank accounts and transactions with them.

security paper

The object of law is a financial instrument that actually exists in circulation. It can be presented in different forms. The Civil Code has a separate chapter dedicated to the circulation of securities. It contains general rules governing transactions with them. Securities are dealt with in more detail in industry laws and regulations. This category of objects of law should include bonds (including state bonds), checks, bills of exchange, savings and deposit certificates, passbook to bearer, shares, bills of lading, etc.

currency values

They also act as object of law. This:

Foreign currency.
Securities, stock values and other debt obligations denominated in foreign money. This includes, in particular, letters of credit, bills of exchange, checks, bonds, shares, etc.
Precious metals. These include silver, gold, platinum, osmium, iridium, rhodium, palladium, and so on.
Gemstones of natural origin. Among them are diamond, sapphire, emerald, ruby, pearl and so on. The group does not include jewelry made from them and scrap.

Services and works

They act as objects of rights along with things. Work is an activity aimed at obtaining a material result. It may consist in creating a thing, processing, processing, its other qualitative change (repair, for example). The result of the work is always known in advance. It is determined by the subject who orders it. As for the method of execution, it is chosen directly by the performer. Unlike work, services are activities that, as a rule, do not have a material result. For example, the subject carries out the storage of the item, performs the function of a commission agent, a carrier, and so on. If the service involves a material result, then it is inseparable from direct action.

Commercial / official secret

It acts as a special object of law. The legislation provides for ways and grounds for its protection. In the Civil Code of the Russian Federation, commercial/official secrets are considered as a special type of a broader object - information. Its definition is given in the Federal Law No. 149. In accordance with the normative act, information is information about objects, persons, events and facts, processes and phenomena, regardless of the form of presentation. is endowed with three features:

The information is not known to third parties.
There is no free legal access.
The data owner takes appropriate measures to ensure confidentiality.

mental products

Objects of intellectual rights have a number of specific features. First of all, they are the results of mental labor and the means of individualization equated to them (in terms of ensuring their protection). The latter may refer directly to the legal entity, its products, works and services that it provides. The law specifically highlights such as a trademark (service mark), company name. The owners of these funds have exclusive rights to the products of intellectual labor.

intangible benefits

They form a special group. Intangible goods should be understood as goods that have no economic content and are inseparable from the individual. Such objects of rights are recognized and protected by the state. This category includes: dignity, life, good name, inviolability, health, family / private secrets, the ability to choose the place of residence / stay, etc. The list is given in Art. 150 GK.

Objects of state law

At the present stage of development of science, there is a wide variety of author's approaches to their definition. Objects ensure the independence of the law of the Russian Federation. The main one is the political organization of society. Other objects of state law include the territory of the country - land. This category also includes real estate, which is located on it. The objects of state rights are bonds and other securities, shares in corporations.

The subject is social relations that develop in the process of establishing and organizing a political system. The formation of the state is considered as one of the elements of the subject of state law. The establishment of a political system is the sphere of social relations that develop in the course of the transformation of the objective structural components of an organized society. The latter are: population, power, territory, legal institutions. At the same time, the state as a political organization of society presupposes a close relationship between these components. Official institutions act as a link in this. They form the legal basis for the establishment and regulation of relations that are developing in society.

The latter, in turn, arise in connection with the exercise by the state of its power, the development of the territory, the formalization of the interaction of the population with authorized bodies in terms of citizenship, citizenship, protection of the interests and freedoms of people living in the country. The political system that is taking shape in society acts as a guarantor of ensuring the stability of relations with the people.

Mandatory procedure

Any object of law has its owner. Affiliation is determined by the relevant documents. To obtain them, you must go through the procedure registration of rights. Objects recorded in the relevant registers. This procedure is a legal act. It involves the recognition and confirmation by the state of the emergence, encumbrance/restriction, termination or transfer of rights to objects. Regulations define specific benefits for which the procedure is mandatory.

In particular, property, permanent use, easements, mortgages, real estate transactions, etc. are subject to state registration. The key task of the procedure is to ensure the protection of the interests of the subjects who own the benefits. In addition, registration guarantees the accuracy of information about objects. The procedure is the only proof that a person has a particular legal opportunity. It can only be challenged in a court of law. Based on the meaning of the norms, it is possible to identify five main groups of goods and actions that go through the procedure. These include:

Ownership.
Real estate transactions.
Restriction of rights.
Items subject to special consideration.
Property rights.

A certificate serves as confirmation of the procedure. It is issued by a body authorized to carry out registration actions on the basis of an application and documents attached to it, provided by the person concerned.

Conclusion

The object of law is the most important category of legal science. It is an integral part of social relations. Objects can be very different. Some of them are quite concrete, really existing things. Other objects cannot be seen or their characteristics described. They are called intangible. The circulation of objects of rights is regulated by the current legislation. The basic rules are present in the Civil Code. In addition, industry regulations apply to specific objects (intellectual rights, for example). They specify general provisions, provide for special modes of use, encumbrances, and so on. Legislation establishes mandatory registration for individual objects of rights. This procedure is carried out by specially authorized bodies.

Property rights extend to finance, objects of a physical and intellectual nature owned by citizens, companies, enterprises or the state.

The interpretation of the concept of "object of property rights" is carried out from a material and legal point of view. In the first case, things are implied, in the second, the behavior of the participants in legal relations.

Basic classification

The legal regime for the protection and regulation of objects of property rights depends on their economic, cultural, historical significance, physical characteristics.

Free, limited and withdrawn from circulation

The things involved in the turnover can be freely transferred between persons, they have universal succession. Most objects fall into this category.

Restricted in circulation are goods that not all participants in legal relations can legally possess, they are used with a specific permit. Typical examples are firearms, psychotropic drugs.

The Civil Code contains direct indications of seized objects that are not involved in circulation - this is unlimited state property (in particular, the bowels of the earth, nuclear weapons).

Movable and immovable

Immovable objects of property right are directly related to the land - plots, structures, construction in progress. They cannot be moved without causing damage. This category includes enterprises, the results of sea, river and air shipbuilding, spacecraft and satellites. Water, land and natural resources have a special status.

Movable things freely pass between persons, are not tied to the land.

Individually defined and generic

Individually defined objects are unique (for example, the results of creativity); even in a homogeneous environment, such things are distinguished by personal characteristics. They, unlike generic ones, serve as an object of property rights and are regulated by the corresponding rights. Generic things are interchangeable, they are calculated by measure, quantity, weight.

In addition to the above normative interpretation of the concept, it is customary to include among the objects:

securities of all varieties;
money in cash and non-cash form;
the fruits of labor activity and the services provided;
the results of mental labor — the whole spectrum of intellectual property;
property rights;
protected means of individualization - logos and trademarks;
various intangible benefits.

Property includes both property rights, for example, intellectual, and existing material phenomena that are difficult to interpret in the form of familiar things. Here you can bring thermal and electrical energy.

Property of individuals and legal entities

Individuals can own any things available in circulation, as well as an extensive list of real estate. Here we mean not only property complexes, houses and apartments, land plots, but also resources related to non-profit structures registered by them. The list of movable things is practically unlimited. Citizens have access to liability rights - claims (bank deposits), corporate - the possibility of joining joint-stock and other business associations.

Legal entities have access to any objects not withdrawn from circulation, not limited by the principles of movable and immovable property. This category includes buildings, transport, household and household utensils, raw materials and equipment. Companies (business, joint-stock, etc.) that have taken part in privatization may receive ownership of the land plot on which the object transferred to them is located.

The object of most civil legal relations is one or another property. The concept of “property” used by the Civil Code is collective. Property can be understood as a thing or a set of things. In addition, this concept may include property rights. In the broadest sense, property is understood as a set of things, property rights and obligations, including exclusive rights. The property of a person can be a single object of civil legal relations (for example, inheritance). But separate parts of property can also be the object of civil rights.

Things- the most common object of civil legal relations. Things are understood as objects of the material world that are in a solid, liquid, gaseous or other physical state (including electrical and thermal energy). The main purpose of things is to satisfy the needs of subjects of civil rights. Things are the result of labor and therefore have a certain material value. These include tools and means of production, various consumer goods, various types of energy resources and raw materials produced or extracted by human labor (electricity, oil, gas, etc.).

Depending on the transferability, things are divided into negotiable, limited in circulation and withdrawn from circulation (Article 129 of the Civil Code of the Russian Federation). As a general rule, things are considered not limited in circulation, unless otherwise provided by law. Restrictions on circulation may be established for reasons of state or public security, protection of the economic interests of the state, ensuring the health of the population, etc. Such objects include, for example, natural resources, weapons, strong poisons, drugs, currency values, etc. Items withdrawn from circulation are things that cannot be the subject of civil law transactions. These include state-owned objects that are in common use (roads, rivers, national libraries, etc.), things prohibited by law (counterfeit money and payment documents, homemade drugs, etc.).

As far as individualization is possible, things are divided into individually defined and defined generic characteristics. An individually-defined thing differs from other similar things, and generic things represent a certain number of things of the same kind. An individually defined thing is legally irreplaceable, therefore its destruction frees the debtor from transferring it to the creditor. The destruction of generic things does not relieve the debtor of the obligation to present them. For example, the subject of a loan can only be generic things, property - only individually defined.

Things are divided into consumable and non-consumable. Consumable things in the process of their use lose their consumer properties completely or in parts (for example, food). Non-consumable things are not completely destroyed when used and can serve their intended purpose for a long time (buildings, machines, equipment). Some transactions may only be subject to consumable items (for example, rent).

Things are divisible and indivisible. Divisible things as a result of their division do not change their original purpose (sugar, milk, water). Indivisible things, as a result of their division, lose their former purpose. The property of divisibility of a thing matters, for example, when dividing common property. Indivisible things are not subject to division in kind.

By purpose, things can be divided into main and accessories. A thing intended to serve another main thing and connected with it by a general purpose (accessory) follows the fate of the main thing, unless otherwise provided by the contract.

According to the degree of connection with the land, things are divided into movable and immovable. The real estate includes:

a) objects of natural origin (land plots, subsoil plots, isolated water bodies);
b) objects firmly connected with the ground (buildings, structures, perennial plantings);
c) enterprises as property complexes;
d) air, sea, river vessels, space objects subject to state registration;
e) other property established by law.

The specifics of the legal regime of real estate is that:

a) the emergence, transfer, restriction and termination of property rights to it is subject to state registration;
b) the right of ownership to newly created or transferred real estate under the contract arises from the moment of state registration of either this real estate, or the transfer of ownership of it to the buyer;
c) longer periods of acquisitive prescription for immovable property have been established;
d) a special procedure for acquiring the right of ownership of ownerless immovable property has been established.

Money act as a special object of civil law. They can be the subject of various agreements (for example, a loan, a loan agreement). More often than not, money is used as a means of payment. On the territory of the Russian Federation, the legal tender, obligatory for acceptance at face value, is the ruble. This means that rubles can serve as a means of repaying a monetary obligation, regardless of the consent of the creditor to accept them as payment. Cash settlements can be carried out both in cash and non-cash form.

The use of foreign currency, as well as payment documents in foreign currency when making settlements on the territory of the Russian Federation, is allowed in cases, in the manner and under the conditions determined by law or in the manner prescribed by it.

In Art. 317 of the Civil Code of the Russian Federation establishes the possibility of denoting a monetary obligation in foreign currency or conventional monetary units, the so-called currency clause, which makes it possible to eliminate the adverse effects of inflation. In this case, the amount of money to be paid is determined in rubles and calculated at the official exchange rate of the relevant currency on the day of payment.

Securities. In accordance with Art. 142 of the Civil Code of the Russian Federation, a security is a document certifying, in compliance with the established form and mandatory details, property rights, the exercise or transfer of which is possible only upon its presentation. Based on this definition, the following types of securities can be distinguished. right civil property administrative

1. Securities are a document, that is, they are a material object. An exception is the so-called non-documentary securities issued in cases provided for by law.
2. Any security must be drawn up in a form strictly defined by law and must have all the necessary details. The absence of any of the details in the security or the inconsistency of the form established for it shall entail the nullity of the security.
3. A security must satisfy certain property rights (the requirement to pay a specific amount of money, interest, etc.) that the legal owner indicated in the security has in relation to the obligated person. It must also be indicated in the security paper. Securities may not certify any types of property rights, but only those provided for by law or in the manner prescribed by it.
4. For the exercise or transfer of rights certified by a security, it is necessary to present such a document. The loss of a security means the inability to exercise the right indicated in the security.
5. Securities are abstract. This means that the right indicated in the security does not depend on the reason for which it arose (this feature is not inherent in all, but in most securities).
6. A security is characterized by its public authenticity. A security issued in accordance with all the rules cannot be disputed with reference to the absence of obligations or its invalidity. Only the forgery or counterfeiting of a security is grounds for refusing to accept it for execution.

The law provides for the classification of securities. Depending on the method of determining the authorized person, the rights certified in securities are allocated:

a) a bearer security; these include government bonds, bank savings book to bearer, privatization checks, bills of lading, double and simple warehouse certificates, etc. Bearer is such a security, which does not indicate the person who should perform the execution indicated in the paper. Consequently, any of its holders can demand the realization of rights under such a security. Transfer of rights under a bearer security are transferred by its simple transfer to another person;
b) a registered security. This is a security in which the owner of the right concluded in it is indicated (for example, shares). Such paper can be transferred only by concluding an agreement on the assignment of rights of claim. In cases specified by law, it is also required to make records about the holder of the security in a special register (for example, the register of shareholders).
c) an order security (for example, a bill). This is a paper issued to a certain person who can exercise his right under the security himself or appoint another authorized person by his order. Rights under an order security are transferred by making a transfer signature on it - an endorsement.

According to the method of issuance, securities are divided into issuable and non-issuable.

Equity securities are securities issued by a series, which have an equal volume and terms of exercising rights within one issue, depending on the time of purchase of the security. Equity securities include shares, bonds, etc.

Non-equity securities are papers issued in one copy and fixing the individual scope of the rights of its owner (for example, a check, a bill of lading, a double and a simple warehouse certificate, etc.).

Along with things, the Civil Code refers to the objects of civil rights performance of work and provision of services. Works are understood as actions aimed at achieving a material result, which may consist in the creation of a thing, its processing, processing or other qualitative change, such as repair. Moreover, the result of the work is known in advance and is determined by the person who ordered their implementation, but the method, as a general rule, is determined by the performer. A service, unlike work, is an action or activity carried out on order that does not have a material result (for example, the activity of a custodian, commission agent, carrier, etc.). It should be borne in mind that some services may have a material result, but this result is inseparable from the action or activity itself.

The Code (Article 139) defines the signs of official and commercial secrets as a special object of civil rights, and also provides for the grounds and forms of their protection. The Civil Code of the Russian Federation considers official and commercial secrets to be special types of a broader object of civil rights - information. In accordance with the Federal Law of February 20, 1995 “On Information, Informatization and Information Protection”, information is “information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation” (Article 2). Federal Law of July 27, 2006 N 149-FZ "On Information, Information Technologies and Information Protection". Commercial and official secrets as an object of civil law should have three features: the relevant information is unknown to third parties, there is no free access to it on a legal basis, the owner of the information takes measures to protect its confidentiality. In accordance with the law, information as an object of ownership is protected from violations by any participants in the turnover, including the state.

Results of creative activity(intellectual property) as objects of civil rights. In accordance with Art. 138 of the Civil Code of the Russian Federation, the results of creative activity include:

1) works of literature, science, art;
2) inventions, utility models, industrial designs;
3) means of individualization of legal entities, products, works and services (company names, trademarks, trademarks, service marks).

The results of creative activity, unlike things, are intangible benefits. The result of creative activity is understood as such an intangible result of the work of the author, which is associated with the development of a new scientific idea, concept, conclusion, technical solution, the creation of an artistic image, a computer program, etc. But they become objects of civil legal relations only when they are clothed in a form accessible to their perception by other people, that is, as soon as this result is realized (manuscript, picture, model, drawing).

The spiritual nature of such objects determines the main features of the legal regulation of relations arising from their use. The material carrier of the creative result acts as a thing and can be transferred to the ownership of other persons, can be destroyed, etc. But the very result of creative activity is kept by its creator and can be agreed with him, except for the cases specified in the law.

intangible benefits. These are non-property benefits. They are devoid of economic content, that is, they have no value expression. In accordance with Art. 150 of the Civil Code of the Russian Federation, these include: name, life and health, personal dignity, personal integrity, honor, business reputation, privacy, the right to free movement and choice of place of residence and stay, etc. This list is exemplary and contains only the most important intangible goods that belong to the citizen. Most of these benefits belong to individuals from birth, others are established by law.

Intangible goods are inseparable from the individual, therefore, they cannot be alienated from their carriers. Only in certain cases provided for by law, these subjective rights can be exercised and protected by other persons, including the heirs of the right holder. For example, by virtue of Art. 151 of the Civil Code of the Russian Federation, the good name, honor and dignity of a deceased person, his business reputation can be protected.

Legal relations regarding personal intangible benefits are among the absolute ones. A person empowered in such legal relations is opposed by an unlimited circle of persons who are obliged to refrain from violating the non-property rights of another person.