The Civil Code is the most important regulatory act in force on the territory of the Russian Federation. This document strengthens civil law relations. The history and content of the Civil and Civil Procedure Codes of the Russian Federation will be discussed in detail in this article.
On the adoption of the Civil Code of the Russian Federation
On October 21, 1994, the first version of the Russian Civil Code was formed and adopted by the State Duma. In the same year, she received approval from the upper house of the Federal Assembly and the president, who signed the document on November 30, 1994. The first edition of the Civil Code entered into force in 1995. After that, the considered normative act was repeatedly subjected to changes and modernization: in 1996, 2002 and 2008.
It is worth a little more to talk about the reform of the Civil Code, carried out on July 18, 2008. It was then that the head of state signed Decree No. 1108, which indicated the following goals for improving the document:
- continuation of the development processes of the principles established by the Civil Code of the Russian Federation, corresponding to the level of constant modernization of market relations;
- reflection in the document of the experience of its interpretation and application by the courts;
- convergence of the provisions of the Code with the norms of the European Union;
- the use in the Civil Code of the norms enshrined in the codes of European countries;
- reflection of support in the Civil Code of the CIS member countries.
In autumn 2010, all the changes introduced were introduced into the Civil Code.
Part I of the Civil Code of the Russian Federation: general description
It is necessary to talk about the content of the Civil Code. The document itself is divided into four parts, entered into the information bank in the form of separate documents. Part one of the Civil Code is a set of rules testifying to the emergence of civil rights and obligations, the concepts of power of attorney, representation, legal entities, property rights, statute of limitations, security for transactions, property rights and much more. Simply put, the first volume of the normative act under consideration contains information on the so-called property law.
Section 1 of Part 1 of the Civil Code of the Russian Federation provides general provisions. It describes individuals and legal entities, types of transactions, as well as objects of such transactions. In the second part, ownership is disclosed in a little more detail. Here are the rules on its acquisition, as well as on the most important element of any property law - on the obligation. Since the right of ownership is formalized by law, the document sets forth the rules in accordance with which special agreements should be formed.
Part II of the Civil Code of the Russian Federation
The second volume of the Russian Civil Code establishes the rules according to which the obligations and powers of the parties concluding civil law contracts are established. Most of the norms enshrined here are of a dispositive, that is, free nature. Here are the types of obligations that are worth highlighting here:
- purchase and sale processes;
- exchange agreement;
- giving;
- annuity and dependent maintenance processes;
- conclusion of a lease;
- renting premises of a residential type;
- free use;
- conclusion of a contract;
- the provision of services on a reimbursable basis;
- implementation of transportation;
- credits and loans;
- transport expeditions;
- bank deposits and accounts;
- storage and insurance processes;
- trust commission, agency and property management;
- competitions, games and betting;
- indemnification.
Thus, the second part of the Civil Code is a kind of list of obligations under a particular contract.
On inheritance: part III of the Civil Code of the Russian Federation
Inheritance is a very complex and extensive legal process, which should be regulated by law. There are no federal laws enshrining the rules that relate to this process. All the main provisions are presented in section 5 of part 3 of the Civil Code of the Russian Federation.
Chapter 62 of the normative act in question refers to probate succession, and the next chapter discusses inheritance in the manner prescribed by law. The remaining norms enshrined the provisions on the legal acquisition of property, on the inheritance of land, enterprises, farms, state awards and other "special" types of property.
On Private International Law: Part III of the Civil Code of the Russian Federation
Section 6, that is, in the second half of part III of the document under consideration, speaks of the phenomenon of private international law. It regulates the legal status of foreign persons in the Russian Federation, resolves issues of concluding transactions with foreigners, and determines conflicts (contradictions) between national and international types of rights.
Section 6 of the Civil Code of the Russian Federation describes the problems of transferring property to foreigners (Chapter 66 of the Civil Code, Articles 1188-1194), the procedure for implementing trade agreements, the law of succession at the international level, and many other phenomena that could arise in interaction with individuals from other states.
Part Four of the Civil Code of the Russian Federation
What is said in the last volume of the document in question? It contains the rules and regulations that govern related and copyright issues, intellectual property issues, exclusive rights to works, inventions, etc. In short, Part IV of the Civil Code is a collection of rules on property of basically intangible nature. So, here it is worth highlighting the rights:
- to the phonogram;
- cable and terrestrial broadcasting;
- production of an information database;
- creation and publication of works of art, science and literature;
- obtaining and registering a patent;
- selection work;
- integrated circuit topology;
- know-how;
- individualization of work, etc.
The latest Civil Code of the Russian Federation entered into force in 2008.
At the moment, a version of the document has been prepared, which should enter into legal force in the near future. What changes are reflected here? It is worth noting that the new provisions are practically no different from those that supplemented the document in 2008. All the same, we are talking about cooperation with foreign countries, about the principles of combining modernization and stability, about borrowing European experience, etc.
The concept of the Code of Civil Procedure
The Code of Civil Procedure should not be confused with the one described above. This document is a source of norms and rules that apply when considering and resolving civil cases by courts of general jurisdiction of the Russian Federation. Simply put, the Civil Procedure Code establishes the rules for conducting the trial itself.
Code of Civil Procedure of the Russian Federation was adopted in 2002 by parliament and the president, and in 2003 the document entered into force. At the moment, the normative act is often subjected to the introduction of changes and additions, as a result of which prerequisites for instability and inconsistency are created. Nevertheless, it is worth illustrating the contents of the document.
On the content of the Code of Civil Procedure of the Russian Federation
The document consists of seven sections and 47 chapters. The first part provides the main legal provisions: concepts, goals of the law, tasks, legal status of relevant persons, etc. The second and third sections fix the production processes in the courts of first and second (appeal) instances.
The fourth section speaks of the review of cases by way of cassation (when the court order has already entered into legal force), and the fifth section - of the court proceedings with the presence of foreign citizens. The last two chapters fix the rules on arbitration courts and decisions of bodies other than judicial ones.