Where are the rules of civil law adopted? Civil law is in charge. Types of sources of civil law of the Russian Federation: legislative acts and by-laws

The concept of civil legislation. Civil Code Russian Federation. Civil Code and other federal laws. The action of the law in time, space and circle of persons.

1. Civil legislation consists of the Civil Code of the Russian Federation and adopted in accordance with it federal laws.

In accordance with the Constitution of the Russian Federation, civil legislation is under the jurisdiction of the Russian Federation.

This basic principle means that general rule all social relations included in the subject civil law, are regulated by federal laws and regulations.

In exceptional cases, on some issues of joint jurisdiction established by the Constitution, acts of the subjects of the Federation concerning civil legal issues (for example, on housing relations) must be based and structured in accordance with federal regulations.

2. The Civil Code of the Russian Federation occupies a central position among the sources of civil law.

The current Civil Code of the Russian Federation is the first consolidated law on civil law in the entire history of Russia, which is a code of private law (the Civil Code of 1922 and the Civil Code of 1964, which were in force in Soviet society, were built and understood in accordance with the requirement formulated by V. Lenin: “We are nothing We do not recognize private in the field of economy"). The Code has been developed and adopted piecemeal since the mid-1990s. In 2007, the final, fourth part was adopted, which completed the codification of modern civil law in Russia. In preparing the Civil Code, the achievements and best practices were used given time samples of civil legislation (Germany, the Netherlands, the province of Quebec in Canada, etc.), international civil documents. Currently, the Civil Code of the Russian Federation is on a par with the world's leading consolidated documents (codes) on civil law.

The legislator extremely rarely makes changes to the Civil Code, and this confirms the thoroughness, depth and thoughtfulness of its main provisions.

3. The Civil Code of the Russian Federation, being a federal law, has undoubtedly greater significance than other federal laws, even those adopted in development general provisions Code. The Code, occupying the top in the hierarchy of civil legislation, cannot and should not regulate everything without exception. economic relations. Other federal laws in the field of civil law are related to the Code as special and general. The basic rule is that both general and special laws do not contradict each other and are applied simultaneously. And only in exceptional cases does the rule “special law prevail over general law” come into force.

In the below judicial act visible as Plenum Supreme Court The Russian Federation in the Resolution “On the practice of courts considering cases on the protection of consumer rights” explains the interaction of the Civil Code, other federal laws and regulations.

Arbitrage practice

Relations involving consumers are regulated Civil Code of the Russian Federation, the Law of the Russian Federation "On the Protection of Consumer Rights", other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them (Article 9 of the Federal Law "On the entry into force of part two of the Civil Code of the Russian Federation", paragraph 1 Art. 1 of the Law of the Russian Federation "On Protection of Consumer Rights"). Law of the Russian Federation "On the Protection of Consumer Rights", other federal laws and other regulatory legal acts of the Russian Federation apply to relations in the field of consumer rights protection if: this is provided for by the Civil Code of the Russian Federation (for example, paragraph 3 of Article 492, paragraph 3 of Article 730 of the Civil Code of the Russian Federation);

The Civil Code of the Russian Federation does not contain such an indication, however, the above-mentioned Federal laws and regulatory legal acts specify and detail the norms of the Civil Code of the Russian Federation governing these legal relations (for example, Articles 8-10 of the Law of the Russian Federation “On Protection of Consumer Rights”), or when the Civil Code of the Russian Federation does not regulates these relations (for example, Article 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”); these laws and other regulatory legal acts provide for rules other than the Civil Code of the Russian Federation, when the Civil Code of the Russian Federation allows for the possibility of their establishment by other laws and regulatory legal acts (for example, paragraph 1 of Article 394 of the Civil Code of the Russian Federation, paragraph 2 of Article 13 of the Law of the Russian Federation " On the protection of consumer rights").

Federal laws are included in civil legislation as sources of law on the basis of their normativity (the content of a rule common to an indefinite number of persons).

From the history of civil law

Law is the rule emanating from the supreme power that establishes rights. The supreme power itself in this activity is called legislative power. This property of the law, that it regulates rights, can only guide us in distinguishing between laws and other acts of undivided supreme power.

(D.I. Meyer)

4. As a rule, federal laws include not only private law norms, but also public ones.

Example. Federal Law of July 21, 1997 N 122-FZ "On state registration rights to real estate and transactions with it", the adoption of which is provided for by the Civil Code (Article 132), establishes rules primarily public law. The same content (ratio of private and public norms) is typical for most federal laws, including to a certain extent the norms of civil legislation: dated 04/24/1995 N 52-FZ “On the Animal World”, dated 12/13/1996 N 150-FZ “On Weapons”, dated 01/08/98 N 3-FZ “On narcotic drugs and psychotropic substances” and many others.

It is difficult to single out federal laws that contain only private law norms - even in the Civil Code there are many public ones mandatory norms(terms, procedure for withdrawal land plot, will form, etc.). This combination of public and private law in federal law governing a specific area public relations, natural and necessary. The legislator uses the entire arsenal of legal regulation.

The rules of civil law contain Labor Code, Water Code and a number of others. The attribution of a particular norm to civil legislation is made not from the name of the law, but from the essence of the provisions contained in it.

5. In the field of civil law, the general rules of operation of the law in time, space and among persons are applied.

Civil legislation specifically defines the operation of the law in time (Article 4). Here, as in other branches of law, the principle of immediate effect of the law is applied - its immediate extension to relations that arose after the law was put into effect.

Legal act

Paragraph 1 tbsp. 4, art. 6 of the Federal Law of June 14, 1994 N 5-FZ "On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of chambers Federal Assembly".

The retroactive effect of the law (its extension to situations that arose and “ended” before the law was put into effect) is allowed only in cases where this is directly provided for in the law.

The principle that excludes reverse action norms, is recognized not only for civil, but also for a number of other industries. Of particular interest is, in particular, criminal law, which consistently proceeds from the fact that only a criminal law that eliminates the criminality of an act, mitigates punishment or otherwise improves the situation of a person has retroactive force... Unlike the Criminal Code, the Civil Code does not make such a differentiation when deciding on the retroactive force of a law. However, this does not mean that civil law is completely unaware of the possible consequences of applying the retroactive principle.

Procedure for civil proceedings in federal courts general jurisdiction determined by the Constitution of the Russian Federation, federal constitutional and federal laws.

1. Constitution of the Russian Federation. The Constitution of the Russian Federation proclaims the basic principles of legal proceedings in the Russian Federation. The Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the entire territory of the Russian Federation (Part 1, Article 15). This means that everything constitutional norms have supremacy over the laws and by-laws, due to which the courts, when considering cases, must be directly guided by the Constitution of the Russian Federation.

In accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation generally recognized principles and norms international law and international treaties of the Russian Federation are integral part its legal system.

If an international treaty of the Russian Federation establishes other rules of civil proceedings than those provided for by law, the rules of the international treaty apply" (Part 2 of Article 1 of the Code of Civil Procedure of the Russian Federation).

International treaties. The rules of an international treaty of the Russian Federation, and not the norms of domestic legislation that regulate similar legal relations differently than in the treaty, apply if the decision on consent to be bound of this agreement for Russia it was adopted in the form of a federal law.

3. Federal constitutional laws . In accordance with Part 1 of Art. 1 of the Code of Civil Procedure of the Russian Federation, the federal constitutional law that determines the procedure for legal proceedings in federal courts of general jurisdiction is the Federal Code of Law "On judicial system Russian Federation". Relations in the field of civil proceedings are also regulated by the Federal Law "On Courts of General Jurisdiction in the Russian Federation".

4. Civil procedural code RF. Central act of civil procedural legislation is the Civil Procedure Code of the Russian Federation, which came into force on February 1, 2003.

The powers, procedure for the activities of justices of the peace and the procedure for creating positions of justices of the peace are established by the Federal Law "On the Judicial System of the Russian Federation", the Code of Civil Procedure of the Russian Federation, other federal laws, as well as the Federal Law "On Justices of the Peace in the Russian Federation". The procedure for the appointment (election) and activities of justices of the peace is also established by the laws of the constituent entities of the Russian Federation.

The Federal Law “On Justices of the Peace in the Russian Federation” determines the requirements for a justice of the peace, the procedure for appointment (election) to the position, the term of office and competence of a justice of the peace, termination and suspension of his powers, etc.

Other federal laws. There are a significant number of federal laws that can be attributed to sources procedural law. For example, the Federal Law "On enforcement proceedings", Federal Law "On Bailiffs".

The laws of a substantive nature contain procedural rules, which regulate relations related to the jurisdiction of cases in courts of general jurisdiction, the distribution of responsibilities for proof, the admissibility of evidence, etc. This is, for example, the Civil Code of the Russian Federation, Family code RF, Housing Code Russian Federation, Land Code of the Russian Federation, Labor Code of the Russian Federation, Law of the Russian Federation "On the Protection of Consumer Rights", etc.

The provisions of all federal laws may apply to civil proceedings only to the extent that does not contradict the Code of Civil Procedure of the Russian Federation.

Regulations Constitutional Court RF. In science, the question of the legal nature of the decisions of the Constitutional Court of the Russian Federation is debatable. These regulations are not laws, but they are legal status towards current legislation gives grounds to consider such acts in relation to the problem of sources of civil procedural law.

Judicial precedent- entered into legal force a court decision on a specific dispute.

However, it cannot be said that in modern science of civil procedural law, proposals are put forward to recognize the right judicial precedents. According to some authors, in Russia there is a need and possibility of transition to the law of judicial precedents, which means (for courts of general jurisdiction) decisions of the Supreme Court of the Russian Federation on specific cases, which would greatly contribute to ensuring the correct and uniform application of federal legislation by all courts of the Russian Federation. Federation and would make their work easier.

Civil legislation is under the jurisdiction of the Russian Federation.

2. Civil legislation consists of this Code and other federal laws adopted in accordance with it (hereinafter referred to as laws) regulating the relations specified in paragraphs 1 and 2 of Article 2 of this Code.

The rules of civil law contained in other laws must comply with this Code.

2.1. Amendments to this Code, as well as suspension or invalidation of the provisions of this Code are carried out by separate laws. Provisions providing for amendments to this Code, suspension or invalidation of the provisions of this Code cannot be included in the texts of laws amending (suspending or invalidating) other legislative acts of the Russian Federation or containing an independent subject of legal regulation.

3. The relations specified in paragraphs 1 and 2 of Article 2 of this Code may also be regulated by decrees of the President of the Russian Federation, which should not contradict this Code and other laws.

4. On the basis of and in pursuance of this Code and other laws, decrees of the President of the Russian Federation, the Government of the Russian Federation has the right to adopt resolutions containing norms of civil law.

5. If a decree of the President of the Russian Federation or a resolution of the Government of the Russian Federation conflicts with this Code or another law, this Code or the relevant law shall apply.

6. The validity and application of civil law norms contained in decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation (hereinafter referred to as other legal acts) are determined by the rules of this chapter.

7. Ministries and other federal bodies executive power may issue acts containing civil law norms in cases and within the limits provided for by this Code, other laws and other legal acts.

Commentary to Art. 3 Civil Code of the Russian Federation

1. Concept. Civil legislation (in a broad sense) is the entire system of state-recognized sources containing civil law norms in force in the Russian Federation. In addition to laws and regulations, sources of civil law also include:

Generally recognized principles and norms of international law and international treaties of the Russian Federation;

Literally, in accordance with the commented article, civil legislation includes only:

a) Civil Code;

b) federal laws adopted in accordance with it.

2. Basic principle. According to the Constitution of the Russian Federation, civil legislation is under the jurisdiction of the Russian Federation. This means that issues of civil law are determined and mainly regulated by federal legal acts.

3. The Civil Code of the Russian Federation occupies a central position among the sources of civil law. The Code was prepared and adopted in the mid-1990s - early 2000s. in three parts and covers the main content of civil law (except intellectual property), meeting modern world standards. In connection with the content of the Civil Code of the Russian Federation and the place it occupies in the entire system of sources of civil law, all other regulations in civil law must be adopted in accordance with the Civil Code of the Russian Federation.

4. Legal acts in accordance with the commented article can be presented in the form of the following diagram (in descending order of legal force):

│ Laws │

│(Constitution, Civil Code,│

│ federal laws) │

┌──────────────────────────────────┐

│ By-laws │

└──────────────────────────────────┘

┌──────────────────────┐┌───────────────────────────┐

│ Presidential Decrees ││Government Decrees│

└──────────────────────┘└───────────────────────────┘

┌──────────────────────────────────┐

│ Departmental regulations │

└──────────────────────────────────┘

Arbitrage practice.

A normative act issued by a subject of the Russian Federation or its body on mandatory state registration of contracts for which such state registration is not established by federal law is not applied by the arbitration court as contrary to the norms of the Civil Code of the Russian Federation ( information mail Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 N 59).

There are also problems regarding civil legislation in our country that require further development and solution. One such issue is judicial precedents. Highly qualified work of lawyers is an activity strictly based on the law and at the same time taking into account the experience (practice) of applying the law. It is generally accepted that this experience is expressed in legal provisions, enshrined, as a rule, in acts of higher authorities. courts(in particular, in the decisions of the Constitutional Court of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation, the Plenum of the Supreme Arbitration Court RF). At the same time, perhaps, in accordance with international experience, there are grounds for recognizing judicial precedents as such - samples - as a source of civil law. legal decision unique cases of life, which are taken as the basis for solving similar life cases other ships.

Another problematic issue- these are contracts. In accordance with the principle of dispositivity, contracts in civil law are not only legal fact, but also a source of rights and obligations for these subjects. In this respect, they are categories close to the sources of law. In a number of cases, contracts may continue to be valid even in situations where a law is passed on the relevant issue (if, of course, the law does not specifically concern these specific relationships -).

Another comment on Art. 3 of the Civil Code of the Russian Federation

1. The commented Article 3 of the Civil Code of the Russian Federation determines the composition of the legislation regulating the relations specified in, establishes a clear hierarchy of the regulatory legal acts included in it. Civil legislation itself is under the exclusive jurisdiction of the Russian Federation.

2. In the field of civil law regulation, the Civil Code is an act of the highest legal force.

Federal laws must comply with the Civil Code, and in the event of conflicts between laws and the Civil Code, preference should be given to the norms of the Civil Code.

Decrees of the President of the Russian Federation, which can also regulate civil law relations, should not contradict the Civil Code and federal laws.

Acts of the Government of the Russian Federation, which may establish norms of civil law, can only take the form of resolutions adopted on the basis and in pursuance of the Civil Code, federal laws and decrees of the President of the Russian Federation. The Government of the Russian Federation has no right to issue such acts on its own initiative.

Most limited competence federal bodies executive power, the structure of which is determined by decrees of the President of the Russian Federation. They have the right to issue acts containing norms of civil law only in cases and within the limits provided for by other legal acts from those mentioned in paragraphs 2 - 6 of Art. 3 of the Civil Code of Russia.

Civil relations are also addressed in a number of other articles of the Constitution. So, in accordance with Art. 53 everyone has the right to compensation from the state for damage caused illegal actions(or inaction) of government authorities or their officials. This provision is developed in Art. 1069-1071 GK.

3. The key act regulating civil relations is, of course, the Civil Code, which consists of four parts, two of which were adopted in the 20th century. (in 1994 and 1995), and two - in the 21st century. (in 2001 and 2007). Changes and additions were made to them.

4. There are a lot of other federal laws containing civil law norms. They can be classified on different grounds.

You can name federal laws directly indicated in the text of the Code: Law on Acts civil status(Article 47), Law on Limited Liability Companies (Article 87), Law on State Registration of Legal Entities and Individual Entrepreneurs (Article 51), etc.

In addition, civil law norms are often found in federal laws, the adoption of which was not “planned” in the Civil Code, primarily because these are normative legal acts of public law. For example, Art. 76 of the Law on Enforcement Proceedings defines the rules for foreclosure on “ accounts receivable" Essentially, these provisions establish special grounds and procedures for the transfer of the creditor's rights to a third party, i.e., of course, they are norms of civil law.

The possibility of the existence of such provisions follows from Art. 387 of the Civil Code, which contains a non-closed list of cases of transfer of the rights of a creditor to another person on the basis of law.

Particular attention should be paid to codified acts containing civil law norms. These are Land, Housing, Family, Labor, Forest, Air, Water, Town planning codes, Merchant Shipping Code, Inland Code water transport and some others.

5. By virtue of the rule established in paragraph. 2 p. 2 art. 3 of the Civil Code, civil law provisions contained in other laws must comply with the Civil Code. Obviously, there are grounds to consider this rule as a presumption of the supremacy of the Civil Code over other laws containing civil law norms. The relationship between the norms of civil law contained in the Civil Code and other laws is emphasized by E.A. Sukhanov.

Discussing the significance of the Housing Code in regulation civil relations, he notes that there is no reason to consider this Code as special in relation to the Civil Code, since the Housing Code was not adopted “in accordance with the Civil Code”, it has its own subject and principles, therefore “the Housing Code has priority in application over other laws containing norms housing legislation (clause 8 of article 5 of the Housing Code), but must yield to the Civil Code in the sphere of regulation of housing relations, which are also civil law. With a different approach, not only Housing and Land codes, but also transport codes that summarize laws in the field of insurance, banking etc., which will lead to the collapse of civil legislation that is uniform in its legal (sectoral) nature and the corresponding codification.”

In order to prevent cases of introducing changes and additions of a non-systematic and fragmentary nature to Art. 3 of the Civil Code of the Russian Federation, amendments were made that exclude the possibility of introducing amendments along with changes to other legislative acts. A norm has been established (clause 2.1), on the basis of which amendments to the Civil Code are possible only by a separate (special law)2.

Other legal acts containing civil law norms

1. Civil relations can be regulated not only by legislative acts, but also by decrees of the President of the Russian Federation and Decrees of the Government of the Russian Federation. Acts of the President of the Russian Federation and the Government of the Russian Federation containing norms of civil law are called other legal acts (clause 6 of Article 3 of the Civil Code). Such acts must be adopted on the basis of the Code and other federal laws and not contradict them.

According to the general rule, based on Art. 6 of the said Federal Law, federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of their official publication, however, the article itself contains a clause: “... unless the laws themselves or acts of both chambers establish a different procedure for their entry into force.” Often the text of the law states that it will come into force from the moment of publication, sometimes the date is indicated.

Part one of the Civil Code was published in " Rossiyskaya newspaper» December 8, 1994, however, by virtue of the instructions of the Law on the enactment of part one of the Civil Code, it came into force on January 1, 1995, with the exception of Ch. 4, dedicated to legal entities (came into force on December 8, 1994), and Ch. 17 on land ownership (came into force on April 23, 2001). Part two of the Civil Code was published on January 29, 1996, however, by virtue of the instructions of the Law on the implementation of part two of the Civil Code, it came into force on March 1, 1996. Part three of the Civil Code was published on November 28, 2001, however, by virtue of the instructions of the Law on the implementation of part three of the Civil Code came into force on March 1, 2002. Part four of the Civil Code was published on December 21, 2006, but by virtue of the instructions of the Law on the entry into force of part four of the Civil Code, it came into effect on January 1, 2008.

It is necessary to pay attention to the fact that the clarifications of the Supreme Courts USSR, RSFSR and the Russian Federation, data before the adoption of the Constitution of the Russian Federation and legislative acts adopted on its basis, are applied in parts that do not contradict them.

Custom. Analogy. The effect of civil legislation on a circle of persons and in space

2. An analogy of civil legislation is possible, and sometimes simply necessary, since all situations in economic circulation and in privacy settle legal entities. Thus, the Civil Code contains special rules regarding participation in civil circulation partially and partially capable, as well as incapacitated citizens.

The second factor is due to the fact that the territory of Russian diplomatic missions, as well as ships assigned to a port of the Russian Federation located in open water or airspace outside the Russian Federation, fall under the jurisdiction of Russia. Accordingly, actions civil laws subject to this legislation.

4. Action civil law as a general rule, it is limited to the territory of the Russian Federation. The territory of the Russian Federation should be added to the territory of the Russian Federation diplomatic missions, as well as ships registered to a port of the Russian Federation located in open water or air space outside the Russian Federation.

Exceptions to the general rule may be specified in federal law. For example, Federal Law No. 310-FZ of December 1, 2007 “On the organization and holding of the XXII Olympic winter games..." amendments were made to the Law on the entry into force of part one of the Civil Code and it was established that the withdrawal land plots for government or municipal needs, alienation real estate in connection with the seizure of the land plot on which it is located in connection with the organization and holding of the XXII Olympic Winter Games is regulated by the Civil Code, unless otherwise provided by the said Law.

1. In accordance with the Constitution of the Russian Federation, civil legislation is under the jurisdiction of the Russian Federation.

The rules of civil law contained in other laws must comply with this Code.

7. Ministries and other federal executive authorities may issue acts containing civil law norms in cases and within the limits provided for by this Code, other laws and other legal acts.

Expert comment:

The third article of the Civil Code of the Russian Federation establishes that civil legislation is under the jurisdiction of the Russian Federation and is regulated by the code itself, as well as the Federal Laws adopted on its basis, decrees of the President of the Russian Federation and government regulations. Acts containing norms of civil law can be issued by ministries, as well as federal executive authorities

Comments to Art. 3 Civil Code of the Russian Federation

1. The provisions of paragraph 1 of the article are based on paragraph “o” of Art. 71 of the Constitution, according to which civil legislation is under the jurisdiction of the Russian Federation, and the subjects of the Federation do not have the right to adopt legislative acts containing civil law norms.

However, according to the previously in force legislation, such acts were issued by the constituent entities of the Russian Federation, and according to paragraph 3 of the Resolution of the Plenums of the RF Armed Forces and the Supreme Arbitration Court of the Russian Federation No. 6/8, the norms of civil law contained in acts of the constituent entities of the Russian Federation, issued before the entry into force of the Constitution, can be applied by the courts when resolution of disputes, if they do not contradict the Constitution and the Civil Code.

2. By virtue of paragraph "k" of Art. 72 of the Constitution housing legislation, as well as land, water, forestry legislation, legislation on subsoil and on protection environment belong to the joint jurisdiction of the Russian Federation and its constituent entities. Consequently, on these issues, it is possible for the subjects of the Federation to adopt legislative acts containing norms of a civil law nature that relate to the subject of these legislative areas.

3. Provisions of paragraph 2 of Art. 3 of the Civil Code, according to which civil legislation consists of the Civil Code and other federal laws, was introduced to facilitate the formulation of subsequent provisions of the Civil Code. Such a definition should not exclude the use of the term “civil legislation” in a broad sense as the totality of all acts and norms of civil law.

In such a broad sense, civil law is spoken of in paragraph 1 of Art. 3, as well as in many subsequent articles of the Civil Code (Articles 4, 6, 7, 8, 127, etc.). In these cases, the exclusion from civil legislation of acts of the President of the Russian Federation, the Government of the Russian Federation and federal executive bodies would create an obvious vacuum in legal regulation, which is unacceptable.

In some articles of the Civil Code, other terms are used to describe legislation: legislation (clause 2 of article 1, clause 2 of article 5) and regulations (clause 3 of article 125). These terms, as follows from the content of the named articles of the Civil Code, also mean all the norms of civil law established by the competent state bodies.

4. The main federal laws of civil law to be published are named in subsequent articles of the Civil Code (Articles 47, 51, 65, 87, 96, 107, 113, 116, 127, 131, 141, 143, 217, 291, 334, 358 , 525, 768, 784, 788, 801, 968, 970). This list is not exhaustive; federal laws may be issued on other issues that require regulation at this level.

5. The Civil Code does not establish any special legal and technical requirements for federal laws in the field of civil law. They may have some differences in their structure and form, for example, whether or not they contain a preamble, a list of the main concepts used, etc.

However, in para. 2, paragraph 2 of the article enshrines and emphasizes the decisive importance of the Civil Code in the system of other civil law laws, which must comply with the norms of the Civil Code both in their content and in their wording. Such compliance ensures the unity and consistency of the system of civil laws in force in the Russian Federation, the number of which is significant.

6. Clauses 3 and 4 of the article establish the principle of hierarchy in relation to decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. These acts must comply with the Civil Code and other laws of civil law, and acts of the Government of the Russian Federation must also comply with decrees of the President of the Russian Federation. By virtue of paragraph 5 of the article, in case of violation this requirement The Civil Code or the relevant law applies.

7. The instructions in paragraph 4 of the article on the adoption by the Government of the Russian Federation of decrees containing civil law norms are subject to broad interpretation. According to Part 1 of Art. 115 of the Constitution, the Government of the Russian Federation, along with decrees, issues orders, and some of them also contain norms of a civil law nature, usually relating to certain areas National economy(for example, SZ RF. 1997. N 3. Art. 472).

8. Indication of paragraph 6 that the action and application of civil law norms contained in the decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation are determined by the rules of Chapter. 1 of the Civil Code must be considered incomplete and inaccurate. Due to the general nature of the norms of Ch. 1 of the Civil Code, its effect should be applied to all acts of civil legislation in general, and some practically important questions the application of civil law norms is provided not only in Chapter. 1, but also in other chapters of the Civil Code, in particular in Ch. 2.

9. Clause 7 of the article expresses the principle of hierarchy in relation to acts of ministries and other federal executive bodies: they must comply with the norms of the Civil Code, laws and acts of the President of the Russian Federation and the Government of the Russian Federation.

Acts of ministries and other federal executive bodies may take different forms, established by the regulations on these bodies and reflecting current practice. Usually these are orders or instructions, but in practice other forms are also used, such as letters Central Bank RF.

10. On the procedure for the entry into force of acts of civil legislation, see the commentary. to Art. 4 GK.

11. On the effect of the legislation of the former USSR on the territory of the Russian Federation, see Art. 4 of the Introductory Law and commentary. To her.

12. On the principles and norms of international law and international treaties of the Russian Federation as an integral part of the civil legislation of the Russian Federation, see comment. to Art. 7 GK.

13. The practice of application of civil legislation by the courts of the Russian Federation is published in the journals “Bulletin of the Supreme Court of the Russian Federation” and “Bulletin of the Supreme Arbitration Court of the Russian Federation”.