Items withdrawn from circulation are classified as prohibited by federal law for free sale to consumers due to the existence of grounds. This feature is emphasized by the Civil Code of the Russian Federation in article 129. The “thing” in civil law is a loose concept, as well as applicable methods. The Romans of the classical period widely used the term, using it for different purposes - in material, property, legal relations. Lawyers of modern law are more likely to use the word “object”, “subject”, “element” in its various branches, according to special signs it becomes clear that these are things that have been withdrawn from circulation, or that they can be freely sold and bought, after having dealt with restrictive parameters.
What does the ancient term mean?
Without things, it is impossible to imagine our life. Everywhere they surround a person: in household goods, at work, on the road. If viewed from the legal side, it is necessary to turn to:
- the material world;
- property rights;
- legal relations.
To understand what things are withdrawn from circulation will help the order of their separation into various types. These can be various objects belonging to the sacred, saints, religious in the form of:
- temples;
- land;
- tombs;
- sculptures.
Distinctive features are things of the right of ownership:
- public - which includes the buildings of theaters, stadium squares, river spills;
- private - objects owned by individuals.
Private property also has different multifunctional branches and features.
General properties separation
So many different and special in their own way products that people built, invented, require classification. If we turn to history, it left a legacy of the division of material inventions into categories:
- items withdrawn from circulation, a restriction is established on them and allowed for free sale;
- mannered and unmanaged - the saying passed from the Italian vocabulary, denotes products valuable in economic use, they are alienated according to special rules;
- simple and complex;
- consumed, unused;
- divisible, indivisible;
- mostly secondary;
- with generic characteristics, individual;
- movable, immovable;
- bodily, incorporeal.
Things can be major and secondary. The main element is the one to which others are attached. For example, a diamond is instructed in a simple and not valuable frame. An independent product, but dependent on the main thing, is recognized as an accessory subject. Objects exist separately from each other, and can also be obtained as derivatives in the form of milk, fruit, wool. They are included in the circulation and obey the laws in a general manner.
Along with technological progress, so many different devices have appeared in the everyday life of a person that legal regulation of commodity circulation has been established for them. Many of them are dangerous to society as a whole or threaten individuals. Some things taken out of civil circulation require such an attitude that people are not hurt.
Right to appeal
The turnover of the object is its main feature. With the presence of a similar criterion, the product can be freely handled:
- sell;
- buy;
- to give;
- inherit.
If an item is subject to a restriction for trade, it means that it has its owner and only he is allowed to dispose at his discretion, or special permission is required. Things withdrawn from circulation in civil law mean that no operations with individuals are possible with them. These include vehicles from the category of aircraft and ships. Do not forget about money, securities, movable property of special purpose.
Concepts of turnover
Turnover gives the right to dispose of the subject:
- free;
- limited;
- with a ban on turnover.
Under the turnover should be understood as a transaction with the transfer of ownership of property. General rules allow the free handling of products unless otherwise provided by law. Objects are alienated, transferred to persons by universal succession. Weapons can only be sold with a license, which means that such a product has limitations. Items withdrawn from circulation include objects from the category of state property. They are not allowed to carry out the procedure of alienation to other entities. You can not trade:
- literature prohibited by law with extremist trends;
- pornographic postcards, magazines;
- fake documents.
The legislator has established a limited circulation of materials in order to:
- ensuring civil legal relations, when access to the purchase and sale is possible with a special permit;
- maintaining safety for society;
- compliance with public order;
- protect citizens and the environment.
The restriction procedure provides for the receipt of a license or certificate for a thing, documents allow them to be implemented.
Forbidden Events
An exception is things taken out of circulation, an example of this:
- drugs and medicines manufactured by handicrafts;
- weapons owned by military and combat units;
- secret archives;
- roads;
- preparations containing toxic substances;
- award marks;
- accessories made from unique gemstones in jewelry;
- special types of precious metals.
The requirement for dividing objects into their ability to turn around arose to establish a regimen for a procedure based on specific characteristics.
Characteristics
You can describe for a long time various objects that freely pass from hand to hand. But here we are talking about a special product, where things that are withdrawn from circulation are items with which you can not make transactions:
- Natural resources;
- minerals;
- water bodies;
- source with healing properties.
Article 9 of the Constitution of the Russian Federation recognizes the right of citizens to own private lands and natural resources. But in the main law of the country it is emphasized that operations can be performed within the framework provided for by civil law regulation, as the legislative act recognizes a specific object according to the criteria of turnover. The list of items withdrawn from circulation must be indicated in federal law. The comments on article 129 in paragraph 3 say that there is no common list of such objects. It is recommended to pay attention to the existence of prohibitive provisions in the Federal Law:
- No. 76 - on chemical weapons;
- No. 109 - on the handling of agronomic chemicals and pesticides;
- No. 150 - a ban on the circulation of firearms was approved, as well as in the form of brushes, brass knuckles, meerkens, boomerangs.
Legislative statements speak of their control over the turnover of goods in the order of limitation, seizure or free distribution.
Where are the product listings?
Things withdrawn from circulation in the Russian Federation are not considered as subjects of transactions. They include:
- special weapons;
- nuclear power;
- secret technical developments.
In the legislation on industries, warning lists are published, strict regulation is established in them, the level of responsibility for violations of the provisions is indicated.
Methods of transferring goods
The material world is in constant motion. Values, real estate pass from one subject to another. In order to prevent chaos, the state subordinated processes to laws and monitors their compliance. Citizens freely transfer some things, sell and give them without legislative conditions, for others there are prohibitions. Such provisions have been encountered by people even far from jurisprudence. Much has been said about the conduct of illegal manipulations in the media. Some elements belong to dangerous things, with them not only the turnover, even the state refuses storage, they are destroyed. Special conditions and requirements:
- the state owns all the subsoil located on the territory of the Russian Federation;
- the land of the Russian Federation can not be bought by foreigners;
- legal entities with a license are allowed transportation, production and sale of narcotic, psychotropic, toxic substances;
- pharmacies can sell medicines in accordance with legal regulations;
- persons with a permit can have weapons, and in emergency situations to use duty.
If the patient had narcotic drugs and prescription substances, after his death they should be taken to a medical institution.
Special Item Inheritance
A person’s death can be expected if he is seriously ill, and sudden. In a dream, the heart stopped, and from which it will be determined by a pathologist. When people leave a will, a notary public is required to divide property into categories. Suppose a testator transfers a weapons collection, and for its storage there are a number of restrictive measures. Accept such property is possible through law enforcement. If a person has died, and a service pistol remains in his house, relatives are obliged to hand over illegally stored weapons to the duty station.
How to make jewelry?
Federal law strictly distributes civil treatment of values. Precious metals and stones, circulation with them, are controlled by special competent authorities. They are used by citizens in everyday life, in the form of jewelry. When objects of this kind are passed by will, they are notarized, sharing:
- gold;
- silver;
- platinum;
- amber.
Values must be registered, made an inventory, sent by copy:
- to a financial institution that stores jewelry;
- leave it with the notary to file to the inheritance case;
- pass to the heir.
The successor must keep an inventory along with documents that confirm the reception and storage of jewelry. Only following the laws will save the heir from the adverse consequences.