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Can objects withdrawn from civil circulation be considered objects of civil rights? (Gavrilov E.). Property withdrawn from circulation Restriction and withdrawal of real estate from circulation

Withdrawal from circulation of a limited number of objects civil rights motivated for the following reasons. Firstly, by the fact that individual objects of civil rights by their nature cannot be generally alienated from a person’s personality. These are the rights to life, health, personal integrity privacy, honor and dignity, the right to a name and other intangible benefits (Article 150 of the Civil Code). Secondly, individual objects that constitute (are included in) state and municipal property must be in public use (roads, streets, nature reserves, national parks and public gardens, etc.). Thirdly, civil rights in relation to certain objects may be limited in order to protect constitutional order, morality, health, rights and legitimate interests other persons, ensuring the defense of the country and the security of the state (clause 2 of article 1 of the Civil Code).

As stated in paragraph 2 of Article 129 of the Civil Code of the Russian Federation, objects withdrawn from circulation must be directly indicated in the law. So, on the basis of Article 2 Federal Law dated January 8, 1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances” (As amended and supplemented from: July 25, 2002, January 10, June 30, 2003, December 1, 2004, May 9, 2005 ., October 16, 25, 2006, July 19, 24, 2007, July 22, November 25, December 25, 2008, July 17, 18, 2009, May 19, July 27, December 28, 2010, April 6, June 14, November 30, December 3, 2011, March 1, 2012) By resolution of June 30, 1998, the Government of the Russian Federation approved the list of specified substances, the circulation of which is prohibited in the Russian Federation. These include, in particular, hashish, heroin, poison, opium, etc. This group of objects also includes atomic weapons and other heavy weapons.

First of all, objects are withdrawn from circulation state property, which are in public use and cannot, due to public interests, be the subject of civil transactions. List of objects that can be located exclusively in federal property and the privatization of which is prohibited, contains the Program for the Privatization of State and municipal enterprises in the Russian Federation, approved by Decree of the President of the Russian Federation dated December 24, 1993 No. 2284 (as amended by Decrees of the President of the Russian Federation dated October 6, 1997 N 1066, as amended by Decrees of the President of the Russian Federation dated March 14, 1996 N 381). The list, in particular, includes:

subsoil, forest resources, water resources;

protected or specially used natural areas with the real estate objects located on them;

standard and service military property (including arsenals);

special testing grounds for weapons and military equipment;

immovable objects of historical and cultural heritage federal significance according to the list approved by the Government of the Russian Federation;

water management and reclamation systems and structures;

port hydraulic structures and facilities, facilities and structures included in ship traffic control systems;

facilities, enterprises and equipment for the disposal of solid and liquid radioactive and toxic chemical waste, cattle burial grounds;

Atom stations;

stationary social service facilities, including orphanages, children's homes, territorial social service centers, as well as boarding schools for orphans and children without parental care, boarding schools for children with mental and physical disabilities, homes for the elderly, nursing homes, boarding schools, hospitals, sanatoriums, boarding houses for the disabled, children and the elderly;

air traffic control facilities of airports and airlines, federal airfields;

radio-television transmission centers, radio centers;

protected organ objects government controlled, protective structures civil defense;

federal car roads common use;

non-production facilities managed by federal bodies representative power;

crematoria and cemeteries;

deep drilling wells located within mining allotments or areas for which licenses have been issued to mining or other enterprises;

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The privatization of enterprises and facilities of a number of federal ministries and departments: sanitary epidemiological and veterinary service, Service for Plant Protection, Protection and Reproduction of Game Animal Resources, Ministry of Internal Affairs, Federal service counterintelligence, the Ministry of Defense, border troops, the State Customs Committee of the Russian Federation, scientific and experimental production facilities that are part of the Russian Academy of Sciences, the Russian Academy of Agricultural Sciences, the Russian Academy of Medical Sciences, the Russian Academy of Education and the Russian Academy of Arts, transferred to them in in accordance with the established procedure in accordance with decrees of the President of the Russian Federation on lists approved by the Government.

The legal regime of subsoil, forests, and water bodies is largely the subject of the relevant branches of law and is regulated by the Civil Code to the extent permitted by the Subsoil Law, the Water Code and the Labor Code, respectively.

Land plots occupied by federally owned objects have been withdrawn from circulation (clause 4 of Article 27 of the Land Code):

state natural reserves and national parks(except for the cases provided for in Article 95 of the Land Code);

buildings, structures and structures in which the Armed Forces of the Russian Federation and other troops are stationed for permanent activities, military formations and organs;

buildings, structures and structures in which military courts are located;

objects of federal security service organizations;

objects of federal bodies organizations state protection;

objects of use atomic energy, nuclear material storage facilities and radioactive substances;

objects in accordance with the types of activities of which closed administrative-territorial entities have been created;

correctional labor institutions and labor treatment centers of the Ministry of Justice and the Ministry of Internal Affairs of Russia, respectively;

military and civil burials;

engineering structures, communication lines and communications erected in the interests of protection and security State border RF.


Negotiability of objects of civil rights 1. Objects of civil rights can be freely alienated or transferred from one person to another in the order of universal succession (inheritance, reorganization of a legal entity) or in another way, if they are not withdrawn from circulation or are not limited in circulation. 2. Types of objects of civil rights, the presence of which is not allowed in circulation (objects withdrawn from circulation), must be directly indicated in the law. Types of objects of civil rights that can belong only to certain participants in circulation or whose presence in circulation is permitted by special permission (objects with limited negotiability) are determined in the manner prescribed by law. 3.

Objects withdrawn from circulation

Attention

Objects of civil rights can be freely alienated or transferred from one person to another in the order of universal succession (inheritance, reorganization of a legal entity) or in another way, if they are not limited in circulation. (as amended by Federal Law No. 142-FZ dated 02.07.2013) (see the text in the previous edition) 2. The law or in the manner prescribed by law may introduce restrictions on the negotiability of objects of civil rights, in particular, types of objects of civil rights may be provided for, which can belong only to certain participants in the turnover or transactions with which are permitted by special permission.


(Clause 2 as amended by Federal Law dated July 2, 2013 N 142-FZ) (see text in the previous edition) 3.

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The concept of "turnover" land plots» makes it possible to more clearly understand the legal regime of ownership of land by citizens and legal entities, to establish a special legal regime for the privatization of land plots in state or municipal ownership, as one of the grounds for the emergence of ownership rights of citizens and legal entities to land. The concept of “turnover of land plots” can also be used in the classification of privatization objects, which can be carried out depending on the possibility of converting state and municipal property into private property. Some kinds of things in in this regard some were more fortunate, some were less fortunate, but the very question of the essence and basis for the classification of things in civil law in the doctrine, on the contrary, for some reason turned out to be almost unexplored.

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Thus, mining allotments for exploration and development of mineral deposits are state property and can only be provided for possession and use by citizens and legal entities. 129 of the Civil Code of the Russian Federation contains an important provision specifying general ideas that objects of civil rights can be alienated or transferred from one person to another in the order of universal succession (inheritance, reorganization of a legal entity) on the basis of contracts of sale, lease, donation, exchange, will, pledge, as well as on other grounds, provided for by law.

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  • Things in civil law withdrawn from circulation
  • Object of legal relationship
  • Types of objects of civil rights and their negotiability
  • Items not limited in circulation, limited in circulation and withdrawn from circulation
  • TURNOVER is
  • Dictionary legal terms: Things
    • Changes have been made to the provisions Civil Code relating to objects of civil rights
  • The concept of objects of civil rights
    • Things as objects of civil rights, Concept, classification of things and their legal meaning
  • Commentary on Article 129 of the Civil Code
  • Rostechnadzor Department for Kaluga Region

Things in civil law withdrawn from circulation Immovable things also include subjects state registration aircraft, ships, space objects.

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As stated in paragraph 2 of Article 129 of the Civil Code of the Russian Federation, objects withdrawn from circulation must be directly indicated in the law. Thus, on the basis of Article 2 of the Federal Law of January 8, 1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances” (As amended on July 25, 2002, January 10, June 30, 2003, 1 December 2004, May 9, 2005, October 16, 25, 2006, July 19, 24, 2007, July 22, November 25, December 25, 2008, July 17, 18, 2009, May 19, July 27, December 28, 2010, April 6, June 14, November 30, December 3, 2011, March 1, 2012) By resolution of June 30, 1998

The Government of the Russian Federation has approved a list of these substances, the circulation of which is prohibited in the Russian Federation. These include, in particular, hashish, heroin, poison, opium, etc. This group of objects also includes atomic weapons and other heavy weapons.

Go to file download The withdrawal from circulation of a limited number of objects of civil rights is motivated by the following reasons. Firstly, by the fact that individual objects of civil rights by their nature cannot be generally alienated from a person’s personality. These are the rights to life, health, personal privacy, honor and dignity, the right to a name and other intangible benefits (Article 150 of the Civil Code).
Secondly, individual objects that constitute (are included in) state and municipal property must be in public use (roads, streets, nature reserves, national parks and public gardens, etc.). Thirdly, civil rights in relation to certain objects can be limited in order to protect the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state (clause 2 of Article 1 of the Civil Code).

Article 129. negotiability of objects of civil rights

After all, it is hardly justified to consider the mostly scattered and laconic statements of some authors on this matter, which occasionally appear in the literature, as a serious theoretical development. It seems best to start with historical aspect formation process legal regime things in civil law. NEGOTIABILITY is Article 129 of the Civil Code of the Russian Federation divides the objects of civil rights into three groups, taking O. as the basis for dividing them.


The first includes freely circulating objects, the second - limited in circulation, and the third - completely withdrawn from circulation. Free circulation of objects of civil rights is the general rule, and restriction of rights, and even more so complete withdrawal from circulation, is an exception. Limit O.

Other objects, limited in their circulation, can be acquired as a property, but only with special permissions. These, in particular, include weapons, potent poisons, narcotic drugs, etc. On the territory of the Russian Federation, the circulation of currency assets - foreign currency and foreign securities - is limited.

Finally, the acquisition of a number of things does not require special permission, but the conditions provided by law must be met. For example, the alienation and acquisition of historical and cultural monuments are carried out in compliance with current rules O priority right their purchase by the state. 4. Clause 3 of Art. 129, dedicated to the circulation of land and other natural resources, is of a referential nature.

The limits of participation of these objects in civil circulation are determined not by civil, but by land and natural resource legislation.

These classifications, depending on their tasks, are very diverse. These can be doctrinal, i.e. scientific, not enshrined in law, and legal, i.e. enshrined in legislation, classifications. This paragraph of the textbook is devoted to individual classifications, which, given their importance, are established as legal, but are not discussed in other paragraphs of this chapter and other chapters of the textbook.

Property turnover. The negotiability of property objects (property) is understood as their legal ability to be alienated, to transfer in the prescribed manner permanently or temporarily from one subject of law to another. The turnover of property as objects of civil rights is a legal form of economic turnover of goods as a necessary side of a market economy.

Depending on its turnover capacity, the Civil Code divides property into negotiable, withdrawn from circulation And limited circulation(Art. 116 GK).

Personal benefits and rights, as non-property ones, are inalienable and non-transferable in any other way, except in cases established by legislative acts, and therefore are non-negotiable.

Negotiable property is recognized that can be freely alienated or transferred from one person to another in the order of universal legal succession (inheritance, reorganization of a legal entity). All property benefits and rights are negotiable, with the exception of those that are recognized by legislative acts as withdrawn from circulation or limited in circulation. The alienation of objects of civil rights in this case means the transfer of property into ownership (economic management, operational management) from one entity to another, as well as the transfer of property for temporary use or possession under transactions.

Types of property the alienation of which by civil law is not permitted (i.e. property withdrawn from circulation), must be expressly specified in legislative acts. The withdrawal of things and other property from circulation by regulatory legal acts other than legislative ones is not allowed. The number of types of property withdrawn from circulation in a market economy is extremely limited. These are mainly natural resources that can only be owned by the state. They are included in civil circulation when this is expressly stated in the legislation. Sometimes the ban on the inclusion of natural resources in circulation is expressly stipulated in legislation. For example, transactions regarding land use rights on public lands, lands provided for defense and certain other lands are not allowed ( clause 3 art. 39 Decree on Land). These lands can be provided for use not on the basis of civil law transactions, but on the basis of administrative acts.

Orders, medals and badges for the honorary title have been withdrawn from civil circulation ( Art. 43 Decree of the President of the Republic of Kazakhstan, having the force of Law, “On State Awards of the Republic of Kazakhstan” dated December 12, 1995). Items whose very existence is prohibited by law (for example, pornographic products, counterfeit banknotes) cannot be in circulation.

TO limited circulation property includes things and other property, which, firstly, can belong only to certain participants in the turnover and, secondly, property, the acquisition and alienation of which is permitted only with the permission (license) of the competent state authorities. The range of types of property that can be sold by entrepreneurs only under licenses has been determined By decree about licensing. This is, for example, the sale of weapons and ammunition, products containing radioactive substances, hunting and sporting firearms, work on disinfection and deodorization of industrial and residential buildings, and the practice of medical and medical activities. The circulation of a number of other things, works and services is licensed.

Real estate And movable property. Things are divided into immovable and movable. TO immovable These include things firmly connected to the land, such as: land plots, buildings, structures, perennial plantings and other property, the movement of which is impossible without disproportionate damage to its purpose. Real estate also includes enterprises as objects of law. Air and sea vessels, inland water vessels, river-sea vessels, and space objects subject to state registration are considered real estate.

Property other than real estate, including money and securities, is recognized movable property(Art. 117 GK).

The legal regime of real estate and movable property is different. For rights to not movable property more stringent rules have been established for their origin, existence, transfer and termination due to the fact that real estate, as a rule, has greater social significance and value. Thus, real estate transactions are concluded in written and sometimes notarial form. Rights to real estate, their origin, transfer and termination are subject to state registration ( Art. 118 GK).

State registration- this is a procedure carried out by the registration authority for recording rights and encumbrances on real estate and property equivalent to real estate.

The following rights to real estate are subject to state registration: right of ownership, right economic management, the right of operational management, the right of land use and other use rights for a period of more than a year, mortgage of real estate, rent on real estate, the right of trust management. All these rights arise from the moment of state registration ( clause 2 art. 118 GK).

The procedure for state registration of real estate is determined by a special legislative act - By decree on state registration of rights to real estate. The bodies registering rights to real estate are the bodies of the Ministry of Justice of the Republic of Kazakhstan. However, the mentioned Decree does not apply to property equivalent to real estate, the state registration of which is carried out not by the Ministry of Justice, but by other authorized bodies.

An important duty of the body carrying out state registration of real estate and transactions with it is the duty to certify the registration record by issuing, at the request of the copyright holder, a special document on the registered right or transaction, or by making an appropriate inscription on the document submitted for registration.

State registration of real estate and transactions with it is public. This means that any person can obtain information about the registration and registered rights to real estate.

Refusal of state registration of rights to real estate or unjustified evasion of registration may be appealed in judicial procedure.

Registration of rights to movable property is not required, except in cases provided for by legislative acts. Such special cases include, for example, registration of a pledge in accordance with by law RK dated June 30, 1998 “On registration of a pledge of movable property”, registration of the issue of securities provided for Art. 18 Law on securities, registration of cars and motorcycles with authorized government bodies.

Dividend And indivisible property. Property can be divisible and indivisible ( Art. 120 GK). Divisible - This is property that, as a result of division, does not change its economic purpose (economic function). Indivisible- property that, from a legal point of view, loses its former economic significance upon division. For example, a bag of potatoes is a divisible thing, and a motorcycle or a car are indivisible things, since in the first case, for example, the division of a bag of potatoes does not change its economic purpose, and the division of a motorcycle or car, although physically possible by disassembling into parts, is such disassembly eliminates the possibility of using them for their intended purpose.

The concepts of divisible and indivisible property are relative. For example, a land plot can be divisible and indivisible property. A divisible land plot is one that, without changing its intended purpose and without violating fire, sanitary, environmental, urban planning and other mandatory rules, can be divided into parts, each of which, after division, forms an independent land plot. All other land plots that do not have signs of a divisible plot are recognized as indivisible ( clause 1 art. 17 Decree on Land).

A number of important legal consequences are associated with the division of property into divisible and indivisible. For example, unless otherwise provided by the agreement on the alienation of a building, the acquirer receives the right of ownership or permanent land use of that part of the divisible land plot that is occupied by the building and necessary for its operation. If the specified plot is indivisible or is specifically intended for servicing the real estate located on it, then it passes to the purchaser of the real estate in full ( clause 2 art. 18 Decree on Land). The divisibility or indivisibility of a thing is taken into account when dividing property that is in common ownership and isolating a share from it (Art. 218 And 222 Civil Code), as well as when determining the shared or joint nature of the obligation ( clause 1 art. 287 GK).

Close to the concept of an indivisible thing is the concept complicated thing, which, although legally indivisible, consists of several things united only by purpose. A complex thing is understood as a thing consisting of heterogeneous things that form a single whole, allowing this whole to be used for its purpose, determined by the essence of the connection ( Art. 121 GK). A complex thing is characterized by the unity of the following characteristics: firstly, it is a thing that includes heterogeneous things, i.e. things that differ from each other in their properties; secondly, these heterogeneous things form a single whole according to their purpose; thirdly, its purpose is determined by the essence of the connection of things that make up a complex thing into a single whole.

The number of heterogeneous things in a complex thing cannot be less than two. These are, first of all, the so-called paired items (a pair of shoes, a pair of skates, a pair of gloves, etc.). Complex items also include things that consist of more than two things, for example, an enterprise as an object of law, sets, furniture sets, sets of equipment, etc.

The peculiarity of the legal regime of a complex thing is that it is legally regarded as a single thing, and transactions concluded in relation to a complex thing apply to all its components, unless otherwise established by the contract.

The main thing and belonging. Things can be connected for a common economic purpose in such a way that one of them (the accessory) is designed to serve the other (the main thing). Ownership legally follows the fate of the main thing, unless otherwise established by law or contract ( Art. 122 GK).

Accessory is always a separate item or items intended to serve the main thing. For example, a spare tire and tools included with the car as the main thing, a key or keys to a lock, etc.

The question of whether a given thing (things) is an accessory is decided in normative legal acts, price lists, contracts, which determine the types and number of things that follow the fate of the main thing and are its accessory. When making transactions, the accessory must be transferred to the acquirer of the main thing without special payment.

Legislation or an agreement may provide for other conditions for the transfer of accessory to the acquirer of the main thing or stipulate that the accessory is not transferred to the acquirer of the main thing at all.

Responsibility for violation of the obligation to transfer the property to the acquirer of the main thing arises according to the general rules of civil law, unless otherwise provided by the contract.

In accordance with Art. 129 of the Civil Code of the Russian Federation, which regulates the negotiability of objects of civil rights, objects of civil rights can be freely alienated or transferred from one person to another in the order of universal succession (inheritance, reorganization of a legal entity) or in another way, if they are not withdrawn from circulation or are not limited in circulation . Those. objects of civil rights can be combined into three groups: 1) negotiable - they can move freely and without restrictions from one person to another; 2) withdrawn from circulation - these are types of objects of civil rights, the presence of which in circulation is not allowed; must be expressly stated in the law; 3) limited turnover - these are types of objects of civil rights that can belong only to certain participants in circulation or whose presence in circulation is permitted with a special permit; determined in the manner prescribed by law. Regulation of issues related to the turnover of land plots is referred to the sphere of land law Withdrawn from circulation - these are land plots classified as lands withdrawn from circulation; cannot be provided as private property, nor can they be the objects of transactions provided for by civil law . Removed from circulation land plots occupied by federally owned next objects: A) state natural reserves and national parks Article 95 of the Land Code of the Russian Federation contains the procedure for regulating the turnover of lands in specially protected natural areas. b) buildings, structures and structures in which the Armed Forces of the Russian Federation, other troops, military formations and bodies are located for permanent activities; V) buildings, structures and structures in which military courts are located ; G) objects of organizations of the Federal Security Service; d) objects of organizations of federal state security bodies; e) facilities for the use of atomic energy, storage facilities for nuclear materials and radioactive substances; and) objects in accordance with the types of activities of which closed administrative-territorial entities have been created; h) objects of institutions and bodies of the Federal Penitentiary Service; And) military and civil burials; To) engineering and technical structures, communication lines and communications erected in the interests of protecting and protecting the State Border of the Russian Federation. According to clause 4 art. 28 Land Code of the Russian Federation It is not permitted to refuse to provide ownership of land plots in state or municipal ownership to citizens and legal entities for construction, with the exception of a number of cases, in particular the withdrawal of land plots from circulation. On the other hand, it also establishes a rule that it is not permitted to refuse to grant ownership to citizens and legal entities of land plots that are limited in circulation and are in state or municipal ownership, if federal law allows them to be provided to citizens and legal entities. According to Art. 22 3K RF , land plots withdrawn from circulation cannot be leased except in cases established by federal laws. According to,

clause 4 art. 35 Land Code of the Russian Federation these are land plots classified as lands with limited circulation; are not provided for private ownership except in cases established by federal laws. The following land plots in state or municipal ownership are limited in circulation: A) within specially protected natural areas not included in the list of land plots withdrawn from circulation. These are natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection. To protect such natural objects, a special legal regime is established, including the creation of specially protected natural areas. b) within the forest fund, except for cases established by federal laws; V) occupied by state or municipally owned water bodies as part of the water fund; G) occupied by especially valuable objects of cultural heritage of the peoples of the Russian Federation, objects included in the World Heritage List, historical and cultural reserves, objects of archaeological heritage; objects of organizations of the Federal Security Service; provided for defense and security, defense industry, customs needs and not indicated as withdrawn from circulation; objects of organizations of federal state security bodies; not included in the number of land plots withdrawn from circulation within the boundaries of closed administrative-territorial entities; facilities for the use of atomic energy, storage facilities for nuclear materials and radioactive substances; provided for the needs of transport organizations, including sea and river ports, train stations, airfields and airports, air traffic and shipping navigation support structures, terminals and terminal complexes in areas where international transport corridors are formed; objects in accordance with the types of activities of which closed administrative-territorial entities have been created; provided for communication needs; objects of institutions and bodies of the Federal Penitentiary Service; occupied by space infrastructure objects; military and civil burials; located under hydraulic structures; k) provided for the production of toxic substances and narcotic drugs; m) contaminated with hazardous waste, radioactive substances, and subjected to biogenic contamination. The Federal Law “On the turnover of agricultural lands” establishes the peculiarities of the turnover of land plots from agricultural lands. This law establishes the following:

When selling a land plot of agricultural land, a subject of the Russian Federation or (in cases established by the law of a subject of the Russian Federation) a municipal entity has a pre-emptive right to purchase such a plot of land at the price for which it is sold, with the exception of cases of sale at public auction. The seller of a land plot of agricultural land is obliged to notify the specified structures in writing of his intention to sell the land plot, indicating the price and other essential conditions agreement.

When selling a land plot in violation of the pre-emptive right of purchase, a subject of the Russian Federation or (in cases established by the law of a subject of the Russian Federation) a municipal entity has the right, within a year from the moment of state registration of the transfer of ownership, to demand in court the transfer of the rights and obligations of the buyer to it; Rent of land plots from agricultural lands. Land plots of agricultural land that have undergone state cadastral registration can be leased, including land plots located in shared ownership

. A land lease agreement is concluded either with the participants in shared ownership, or with a person acting on the basis of powers of attorney issued to him by the participants in shared ownership. This agreement can be concluded for a period not exceeding 49 years. In the event that the acceptance of the inheritance led to a violation of the requirements established by Art. 3 (regulating the rights of foreign citizens, foreign legal entities, stateless persons, as well as legal entities in the authorized (share) capital of which the share of foreign citizens, foreign legal entities, stateless persons is more than 50%, on land plots or shares in the right of common ownership of land plots from agricultural lands), Art. 4 of the law (“On the maximum size and requirements for the location of land plots”), the requirements established by Art. 5 of the law establishing the obligation of a person to alienate a land plot from agricultural lands or a share in the right of common ownership of a land plot from agricultural lands.b

Ilet 16 question 1

The State Cadastral Valuation of Agricultural Land (GKZA) is carried out to obtain for each plot of the agricultural complex the assessment indicators necessary to solve economic planning problems in the economy, organize the rational use of land, develop land management projects, and justify land tax and other purposes established by law.

The subject of the assessment is:

Fertility of agricultural land;

Technological characteristics of the sites;

Location (remoteness) of sites in relation to points of sale of field and farm products and in relation to supply base locations

Determination of the cadastral value of plots as means of production based on economic indicators.

State Committee for Agriculture and Agriculture - a set of administrative and technical measures based on determining the cadastral value of land plots within the boundaries of agricultural organizations and administrative territorial entities as of a certain date;

The State Committee for Agriculture and Agriculture is carried out in accordance with the methodological recommendations for the state cadastral assessment of agricultural lands, approved by Order of the Ministry of Economic Development and Trade of the Russian Federation No. 145 of July 4, 2005.

The State Committee for Agriculture and Agriculture is carried out in six groups of lands, allocated according to their functional purpose and the characteristics of the formation of rental income in agricultural production:

Group I - agricultural land;

Group II - lands occupied by on-farm roads, driveways, cattle runs, communications, shelterbelts, buildings, structures and structures used for production, storage and primary processing of agricultural products, as well as disturbed lands under industrial development of common minerals: clay, sand, crushed stone, etc.;

Group III - lands under closed water bodies;

Group IV - lands under trees and shrubs (with the exception of shelterbelts), swamps, disturbed lands;

Group V - lands under forests that have not been transferred in the manner prescribed by law to the forest fund lands and are owned by landowners (land users) under the right of permanent (perpetual) or free use;

Group VI - lands suitable for reindeer pastures.

Determination of specific indicators of lands classified as the first group is carried out in two stages:

1. The first stage (interregional land assessment) - determination of specific indicators of the cadastral value of agricultural land within the borders of the constituent entities of the Russian Federation and the development of basic standards for the second stage of assessment;

2. Second stage: determination of specific indicators of the cadastral value of agricultural land within the boundaries of administrative districts, land holdings (land uses) is carried out in the following sequence:

determination of the integral characteristics of agricultural land within the boundaries of administrative districts, land tenures (land uses) by soil fertility, technological properties and location;

determination of estimated rental income;

determination of specific indicators of the cadastral value of agricultural land within the boundaries of administrative districts, land holdings (land uses).

Determination of the specific indicators of the SCLC of lands within the boundaries of administrative districts and landholdings is carried out on the basis of:

soil survey data, materials from the IV round and on-farm land assessment;

indicators of the estimated productivity of agricultural land (in terms of yield of feed units and gross production), costs of their use, estimated rental income (differential and absolute) and specific indicators of the cadastral value of agricultural land within the boundaries of the constituent entities of the Russian Federation (first stage) and land assessment areas.

Land assessment information is summarized by administrative districts, land assessment areas and constituent entities of the Russian Federation.

The specific indicator of the cadastral value of agricultural land within the boundaries of administrative districts, land holdings (land uses) is determined multiplying the estimated rental income from 1 hectare of agricultural land within the boundaries of agricultural land within the boundaries of administrative districts, land holdings (land uses) by a capitalization period equal to 33 years.

UPKSZ = P x 33,

The estimated rental income from 1 hectare of agricultural land is determined by the addition of differential and absolute rental income.

Determination of the cadastral value of a land plot as part of agricultural land is carried out by multiplying the specific indicator of the cadastral value of agricultural land assigned to the group corresponding to the functional purpose of the land plot by the area of ​​the land plot.

These are the rights to life, health, personal privacy, honor and dignity, the right to a name and other intangible benefits (Article 150 of the Civil Code). Secondly, individual objects that constitute (are included in) state and municipal property must be in public use (roads, streets, nature reserves, national parks and public gardens, etc.). Thirdly, civil rights in relation to certain objects can be limited in order to protect the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state (clause 2 of Article 1 of the Civil Code).

As stated in paragraph 2 of Article 129 of the Civil Code of the Russian Federation, objects withdrawn from circulation must be directly indicated in the law. Thus, on the basis of Article 2 of the Federal Law of January 8, 1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances” (As amended on July 25, 2002, January 10, June 30, 2003, 1 December 2004, May 9, 2005, October 16, 25, 2006, July 19, 24, 2007, July 22, November 25, December 25, 2008, July 17, 18, 2009, May 19, July 27, December 28, 2010, April 6, June 14, November 30, December 3, 2011, March 1, 2012) By a resolution of June 30, 1998, the Government of the Russian Federation approved the list of specified substances, the circulation of which is prohibited in the Russian Federation. These include, in particular, hashish, heroin, poison, opium, etc. This group of objects also includes atomic weapons and other heavy weapons.

First of all, objects of state property that are in public use and cannot, due to public interests, be the subject of civil transactions are withdrawn from circulation. The list of objects that can be exclusively in federal ownership and the privatization of which is prohibited is contained in the Program for the Privatization of State and Municipal Enterprises in the Russian Federation, approved by Decree of the President of the Russian Federation dated December 24, 1993 No. 2284 (as amended by Decrees of the President of the Russian Federation dated October 6, 1997 N 1066 as amended by Decrees of the President of the Russian Federation dated March 14, 1996 N 381). The list, in particular, includes:


immovable objects of historical and cultural heritage of federal significance according to the list approved by the Government of the Russian Federation;

Free legal advice:


facilities, enterprises and equipment for the disposal of solid and liquid radioactive and toxic chemical waste, cattle burial grounds;

protected facilities of government bodies, protective structures of civil defense;

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crematoria and cemeteries;

The privatization of enterprises and facilities of a number of federal ministries and departments is also prohibited: the sanitary epidemiological and veterinary service, the plant protection service, the protection and reproduction of game animal resources, the Ministry of Internal Affairs, the Federal Counterintelligence Service, the Ministry of Defense, Border Troops, the State Customs Committee of the Russian Federation, scientific and experimental production facilities that are part of the Russian Academy of Sciences, the Russian Academy of Agricultural Sciences, the Russian Academy of Medical Sciences, the Russian Academy of Education and the Russian Academy of Arts, transferred to them in the prescribed manner in accordance with the decrees of the President of the Russian Federation according to the lists approved by the Government.

The legal regime of subsoil, forests, and water bodies is largely the subject of the relevant branches of law and is regulated by the Civil Code to the extent permitted by the Subsoil Law, the Water Code and the Labor Code, respectively.

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Land plots occupied by federally owned objects have been withdrawn from circulation (clause 4 of Article 27 of the Land Code):

state natural reserves and national parks (except for the cases provided for in Article 95 of the Land Code);

buildings, structures and structures in which the Armed Forces of the Russian Federation, other troops, military formations and bodies are located for permanent activities;

buildings, structures and structures in which military courts are located;

objects of federal security service organizations;

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objects of organizations of federal state security bodies;

facilities for the use of atomic energy, storage facilities for nuclear materials and radioactive substances;

objects in accordance with the types of activities of which closed administrative-territorial entities have been created;

correctional labor institutions and labor treatment centers of the Ministry of Justice and the Ministry of Internal Affairs of Russia, respectively;

military and civil burials;

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engineering and technical structures, communication lines and communications erected in the interests of protecting and protecting the State Border of the Russian Federation.

Property withdrawn from circulation

RUSSIAN INSTITUTE OF STATE REGISTRARS UNDER THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

REAL ESTATE: RIGHTS AND TRANSACTIONS

E.A. KINDEEVA, M.G. PISKUNOVA

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Chapter 1. Real estate is a special object of civil rights

1.2. Turnover of objects real estate

2.2. State registration of real estate transactions

Chapter 3. State registration procedure

3.4. Suspension and termination of state registration

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Chapter 4. Common property and the procedure for state registration

4.5. Termination of common ownership

Chapter 5. Features individual species real estate transactions

5.5. Privatization of residential premises

5.8. Registration of rights to a land plot when making a transaction with a building

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Chapter 6. Rights to land plots and transactions with them

6.2. Acquisition of rights to land plots

6.3. State registration of legal relations regarding land plots

Chapter 10. Payments, taxes and benefits when purchasing real estate

Kindeeva Elena Agzamovna - Deputy Head of the Institution of Justice for State Registration of Rights to Real Estate and Transactions with It in the City of Moscow, Head of the Department of State Registration of the Russian Institute of State Registrars under the Ministry of Justice of the Russian Federation (clause 5.5 jointly, clauses 5.7, 5.8 , ch. 7, 11).

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Piskunova Marianna Girfanovna - head of the department legal disciplines Russian Institute of State Registrars under the Ministry of Justice of the Russian Federation, Professor of the Department of Management and Finance of the Institute for the Development of Additional vocational education(introduction, chapters 1 - 4, 6, 12, paragraphs 5.1 - 5.6, paragraph 5.5 together).

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Real estate objects withdrawn from circulation

First of all, objects of state property that are in public use and cannot, due to public interests, be the subject of civil transactions are withdrawn from civil circulation. Such objects include:

1) subsoil, forest resources, water resources;

2) protected or specially used natural areas with real estate located on them;

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3) standard and service military property (including arsenals);

4) special testing grounds for weapons and military equipment;

5) immovable objects of historical and cultural heritage of federal significance according to the list approved by the Government of the Russian Federation;

6) water management and reclamation systems and structures;

7) port hydraulic structures and facilities, facilities and structures included in the ship traffic control systems;

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8) facilities, enterprises and equipment for the disposal of solid and liquid radioactive and toxic chemical waste, cattle burial grounds;

9) nuclear power plants;

10) stationary social service facilities, including orphanages, children's homes, territorial social service centers, as well as boarding schools for orphans and children without parental care, boarding schools for children with mental and physical disabilities, homes for for the elderly, nursing homes, boarding schools, hospitals, sanatoriums, boarding houses for the disabled, children and the elderly;

11) air traffic control facilities of airports and airlines, federal airfields;

12) radio and television transmitting centers, radio centers;

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13) protected facilities of government bodies, protective structures of civil defense;

14) federal public highways;

15) non-production facilities under the jurisdiction of federal bodies of representative power;

16) crematoria and cemeteries;

17) deep drilling wells located within mining allotments or areas for which licenses have been issued to mining or other enterprises;

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Restriction and withdrawal of real estate from circulation

As is known, the legal regime of property means the presence of special rules for the exercise of powers to own, use and dispose of property. The legal regime of certain types of real estate varies significantly.

An important characteristic of the legal regime of objects of civil rights is their negotiability. According to this criterion, things, including real estate, are divided into three categories (Article 129 of the Civil Code):

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  1. objects not limited in circulation, which can be freely alienated and transferred from one person to another in the order of universal succession (inheritance, reorganization of a legal entity) or in another way;
  2. limitedly negotiable objects that can only belong to certain participants in the turnover or whose presence in circulation is allowed under a special permit;
  3. objects withdrawn from civil circulation.

By general rule real estate objects, like other things, are considered not limited in circulation (clauses 1, 2 of Article 129 of the Civil Code). Objects withdrawn from circulation must be expressly specified in the law. Limited negotiable objects are also determined in the manner prescribed by law. In other words, withdrawal or restriction of turnover are exceptions to general rule freedom of circulation. Ordinary real estate objects - buildings, structures, structures, residential and non-residential premises- freely participate in circulation, unless they are excluded from circulation by law.

First of all, objects of state property that are in public use and cannot, due to public interests, be the subject of civil transactions are withdrawn from civil circulation. The list of objects that can be exclusively in federal ownership and the privatization of which is prohibited is contained in the Program for the Privatization of State and Municipal Enterprises in the Russian Federation, approved by Decree of the President of the Russian Federation of December 24, 1993 N 2284 (as amended on March 20, 2008) * (8). The list, in particular, includes:

  1. subsoil, forest resources, water resources;
  2. protected or specially used natural areas with real estate located on them;
  3. standard and service military property (including arsenals);
  4. special testing grounds for weapons and military equipment;
  5. objects of historical and cultural heritage of federal significance according to the list approved by the Government of the Russian Federation;
  6. water management and reclamation systems and structures;
  7. port hydraulic structures and facilities, facilities and structures included in ship traffic control systems;
  8. facilities, enterprises and equipment for the disposal of solid and liquid radioactive and toxic chemical waste (except for organizations of the nuclear energy-industrial complex), cattle burial grounds;
  9. stationary social service facilities, including orphanages, children's homes, territorial social service centers, as well as boarding schools for orphans and children without parental care, boarding schools for children with mental and physical disabilities, homes for the elderly, nursing homes, boarding schools, hospitals, sanatoriums, boarding houses for the disabled, children and the elderly;
  10. air traffic control facilities of airports and airlines, federal airfields;
  11. radio-television transmission centers, radio centers;
  12. protected facilities of government bodies, protective structures of civil defense (except for facilities of enterprises subordinate to the state corporation Rosatom);
  13. federal public highways;
  14. non-production facilities under the jurisdiction of federal bodies of representative power;
  15. crematoria and cemeteries;
  16. deep drilling wells located within mining allotments or areas for which licenses have been issued to mining or other enterprises;
  17. metro

The privatization of enterprises and facilities of a number of federal ministries and departments is also prohibited: sanitary epidemiological and veterinary services, plant protection service, protection and reproduction of game animal resources, Ministry of Internal Affairs of Russia, Federal Security Service, Ministry of Defense of Russia, border troops, Federal Customs Service, scientific facilities and experimental production sphere, which are part of the Russian Academy of Sciences, the Russian Academy of Agricultural Sciences, the Russian Academy of Medical Sciences, the Russian Academy of Education and the Russian Academy of Arts, transferred to them in the prescribed manner in accordance with the decrees of the President of the Russian Federation according to the lists approved by the Government of the Russian Federation.

Clause 1 of Art. 30 of the Law on Privatization of State and municipal property privatization is also prohibited as part of property complex unitary enterprise the following social, cultural and communal facilities used for their intended purpose:

  1. organ objects social protection population, including orphanages, children's homes, nursing homes, boarding schools, hospitals and sanatoriums for the disabled, children and the elderly;
  2. healthcare, educational, and cultural facilities intended to serve residents of the respective settlement;
  3. children's health centers (dachas, camps);
  4. housing stock*(9) and its infrastructure;

Transport and energy facilities intended to serve residents of the corresponding settlement.

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Changing the purpose of these objects is carried out in agreement with the relevant local government bodies.

These provisions do not apply when privatizing federal property railway transport and property of organizations of the nuclear energy industry complex of the Russian Federation (clause 15 of article 43 of the Law on the privatization of state and municipal property).

When regulating the circulation of objects of vital importance to society, the principle of non-renewable natural resources is applied. Land and other natural resources may be alienated and transferred from one person to another by other means to the extent that their circulation is permitted by laws on land and other natural resources(clause 3 of article 129 of the Civil Code).

The legal regulation of civil circulation of land is not limited to the Civil Code, whose norms relate to transactions with land plots, are applied to the extent that their circulation is permitted land legislation(Article 13 of the Federal Law of January 26, 1996 N 15-FZ “On the entry into force of Part Two of the Civil Code of the Russian Federation”). The legal regime of subsoil, forests, and water bodies is largely the subject of the relevant branches of law and is regulated by the Civil Code to the extent permitted by the Subsoil Law, the Water Code and the Labor Code, respectively. For land plots, including forest plots and subsoil plots, the principle applies: these objects are included in circulation by law.

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Principles of housing law

The principle of accessibility for citizens of the conditions for renting residential premises. Content this principle is expressed in the fact that a citizen can exercise his right to housing different ways: based on contract social hiring, becoming a member of a housing or housing-construction cooperative, or by joining various civil legal relations for the purchase of housing, etc. This principle is implemented, first of all, as a result of the wide scope housing construction, allowing the majority of new residential premises to be provided for rent or for other reasons free of charge or for an affordable fee low-income citizens, military personnel, workers budgetary sphere and other categories of citizens specified in the law who need housing.

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How to inherit an item with limited circulation?

How often do heirs expect that, thanks to a will, they miraculously will become the owner of a chic jewelry collection, rare weapon or valuable item that is limited in circulation. You can only rightfully own such things in a legal way, after careful checks and registrations.

What things are called limited in circulation?

The turnover of things is the constant transfer of objects of the material world from one person to another. The state controls such turnover by law. There are things and objects that can be transferred to each other, sold, given or bequeathed without any conditions.

But there are things that, according to Article 129 of the Civil Code of the Russian Federation, are controlled.

What is the turnover capacity? Photo: ppt-online.org

Exists separate list items - things whose circulation is limited both in sale, gift, and inheritance. Article 1180 of the Civil Code and Article 129 of the same code more precisely define those things that have negotiable restrictions.

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These things include:

  1. Weapon. Any operational, military, or sporting weapon requires special permits to carry, a safe for storage, and documents confirming the mental adequacy of the owner and the right to own a weapon. If the weapon has historical value, then it is considered a collector's item and also requires a lot of documents and a security system.
  2. Narcotic, psychotropic substances and precursors.
  3. Poisonous and potent substances.
  4. Honorary titles, titles of Hero of the Russian Federation or the USSR, medals, orders, insignia of the entire historical military past and present of Russia.
  5. Unique precious and jewelry.
  6. Precious stones, including large amber, regardless of whether they are in deposits or in someone else’s property, the state buys and confiscates 8 out of 10 parts. Two parts, under state control, are in free circulation. Nobody really knows how much of it the collectors have.
  7. Precious metals, in addition to gold and silver, also include platinum - palladium, rhodium, iridium, osmium ruthenium.

Who can have restricted items

Things are divided into:

  • in free circulation;
  • withdrawn from civil circulation;
  • limited in circulation.

Read more about how you can inherit escheated property here.

Removal of things (objects) from circulation means that they are so dangerous that they must be destroyed. That is, even the state cannot or does not want to become the owner of such things.

  1. All mineral resources located on the territory of the Russian Federation belong to the state.
  2. Land on the territory of the Russian Federation cannot be owned by foreign citizens.
  3. Only legal entities with the appropriate license.
  4. Pharmacy chains with the appropriate license have the right to sell narcotic and psychotropic substances permitted for sale.
  5. Only persons with the appropriate permit may possess weapons.
  6. Drugs, hard drugs and toxic substances, also require permission to own and use. After the death of a person, all such drugs that were prescribed to him by a doctor must be handed over against signature to the appropriate institution (usually to a hospital, clinic, where they were prescribed and issued against signature).

How to pass on such things by inheritance

As soon as the notary gets acquainted with the will, he must highlight the categories of things indicated for inheritance. If the document contains references to things that are restricted in circulation, then he is obliged to inform the relevant government authorities about this.

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See things as objects of civil rights in this video:

A person can, due to his professional activity, after your death, leave things out of the will. In this case, they must be returned to the organizations and bodies where they are registered.

Weapon Inheritance

You must obtain a certificate of the right to inherit weapons from a notary. Submit a package of documents to the Ministry of Internal Affairs. In this matter, it is better to consult with a specialist, but the following are mandatory:

  • chemical-toxicological certificate and medical certificate. institutions confirming capacity and adequacy. Local authorities The Ministry of Internal Affairs themselves sends them to specialized clinics, so it is better to obtain such certificates after consultation with the authorities;
  • certificate of availability of storage space (exact storage requirements will be provided by the authorities;
  • application form with all passport data and residential address;
  • certificate of the right to inherit weapons.

According to the laws of the Russian Federation, any citizen who wants to own a weapon must pass medical examination and have special permission. You can also use weapons by inheritance if the heir has such permission.

After the death of the owner of the weapon, if the weapon is serviceable, then it must be returned to the authorities that issued it. The following rules apply in 2017:

  1. The heir is obliged to hand over the inherited military or short-barreled weapons to the Ministry of Internal Affairs.
  2. Cold steel award weapons are inherited freely.
  3. Hunting weapons are passed on to the heirs, but only those citizens who have permission to own ownership have the opportunity to use them. That is, the heir, who has barely entered into an inheritance, must either give the weapon to the authorities, or register ownership of the weapon and permission to use it.
  4. Weapons, by law, must be registered with a certain citizen.
  5. Ownership of a weapon presupposes the presence of a safe and inaccessible storage place (often a safe), inaccessible to other people, the keys to which should be kept in a place inaccessible to strangers.
  6. By law, cartridges must be kept in a separate place from the weapon itself.
  7. If the Ministry of Internal Affairs decides not to issue a permit to the heir, the weapon is confiscated, and the heir is paid part of the objective cost of the weapon.
  8. Violation of the law on weapons entails criminal or administrative liability.
  9. Award weapons left over from grandfathers, great-grandfathers and fathers (distant ancestors) have enormous educational value and will remain in families. The only condition is that such weapons must be cleaned at the expense of the owner.

Read here what you need to receive an inheritance.

Inheritance of awards

There is a “Regulation on State Awards” and Article 1185 of the Civil Code of the Russian Federation.

According to these articles, inheritance of awards that are covered by the legislation on state awards is impossible. Such awards are transferred to the Office of the President of the Russian Federation on these issues.

How do awards inherit? Photo: myshared.ru

Those awards that can be inherited and kept in the family cannot be taken out of the country if they are made from precious metals and stones. The heirs have the right by law to transfer the insignia to the museum if it is licensed and equipped with everything necessary for storage.

Heirs do not have the right to sell awards or wear them. Storage for memorial purposes is permitted. Awards made of precious metals inlaid with precious stones are also regulated by the Regulations on Awards.

Receiving Jewels

The Federal Law on Precious Metals and Precious Stones regulates the procedure for civil handling of these valuables. The state strictly controls and regulates all actions related to the circulation of this category of things.

There are products made of precious metals and inlaid with precious stones - both as a luxury item and as a household item. The notary must draw up full list items made of gold, silver, platinum, amber, precious stones, dividing them into groups of use (luxury or household items).

How to properly draw up a will detailed instructions is here.

Enters values ​​into the registration book. The entire inventory list in 5 copies is certified and distributed:

  • Sent to the bank where jewelry will be stored (3 copies);
  • Filed with the inheritance file (1 copy);
  • It is given to the heirs (1 copy) with a document from the bank on the acceptance and storage of valuables, on letterhead and a certificate of inheritance.

How weapons are inherited, watch in this video:

First of all, such regulations are required for the safety of all heirs before they enter into legal inheritance rights. Seize family values, left as an inheritance, according to the law, is possible only in cases where the thing is wanted or poses a danger to the life and health of citizens (radioactive, for example).

Here, the right to inheritance, the right to storage and permission to use must be issued almost simultaneously. This is due to the fact that the main requirement for things limited in circulation is safety. Public policy defines security as the basic postulate of the existence of state law.

Objects withdrawn from circulation: the approach of the Supreme Court of the Russian Federation. Commentary on the Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated February 13, 2015 in case No. 308-ES (Erokhova M.A.)

Article posted date: 04/02/2016

In civil circulation, there is property that, from the point of view of public interest, requires a special legal regime: either the obligations of the private owner to preserve its intended purpose and maintain it in good condition, or, in the case of public distrust of the private owner and an underdeveloped mechanism of sanctions for violation of the rules for handling property , prohibition of certain property being in private ownership.

Despite numerous historical lessons showing that a private owner is a more effective manager, the consciousness of many people in Russia tends to believe in something else, namely in the state as a more reliable owner. Apparently, for this reason, the alienation of property requiring a special legal regime to a private owner with conditions that burden each subsequent right holder, for violation of which sanctions are established, is not developed in the Russian legal order. At the same time, the legislator has not yet gotten around to developing a list of property that cannot be privately owned.<1>. Therefore, disputes periodically appear in judicial practice that give rise to questions to which there are no direct and unambiguous answers in the legislation, namely: 1) what kind of property requires a special legal regime in Russia; 2) what is the essence of this special legal regime - exclusive state property or private property with conditions that burden each copyright holder, violation of which is followed by sanctions in the form of termination of the right.

<1>The famous Resolution of the Supreme Council of the RSFSR dated December 27, 1991 N "On the division of state property in the Russian Federation into federal property, state property of the republics within the Russian Federation, territories, regions, autonomous region, autonomous okrugs, the cities of Moscow and St. Petersburg and municipal property" (with amendments and additions) (hereinafter referred to as Resolution of the Supreme Council of the RSFSR N) is not such a list, since it divides the property between public legal entities, without defining this property as withdrawn from circulation.

The territorial department of FAUGI for the Republic of Adygea, within the framework of the insolvency (bankruptcy) case of the Federal State Unitary Enterprise "Southern Production Sturgeon and Fish Breeding Center" (hereinafter referred to as the "YUPORC" enterprise) appealed to Arbitration court Republic of Adygea with a statement on the obligation of the bankruptcy trustee to exclude the debtor from the composition bankruptcy estate the property complex of the YUPORTS enterprise, which includes property according to the list, and transfer it under a transfer deed to the owner - the Territorial Administration of the Federal Property Management Agency.

The plaintiff believed that the federally owned property of the YUPORTs enterprise, as a farm for the production of valuable and anadromous fish species, belongs to objects whose privatization is prohibited, and therefore is subject to exclusion from the debtor’s bankruptcy estate. In other words, since it is not subject to privatization, then it cannot be levied against the debts of a unitary enterprise that is in bankruptcy.

Courts of the First and cassation authorities refused to exclude property from the bankruptcy estate for a number of reasons. Firstly, the mere fact that the YUPORTs enterprise belongs to the objects classified in the Resolution of the Supreme Council of the RSFSR N “On the delimitation of state property into federal, constituent entities of the Federation and municipal” exclusively to federal property, and the ban on the privatization of this property does not mean the seizure of the corresponding objects from civil circulation in the sense of Art. 129 of the Civil Code of the Russian Federation and Art. 131 of the Bankruptcy Law. Secondly, during the examination in the court of first instance, it was established that “the disputed property of the YUPORTS enterprise does not constitute a single property complex suitable for use.”

Judicial panel on economic disputes of the Supreme Council of the Russian Federation with the proposed interpretation of the Resolution of the Supreme Council of the RSFSR N agreed, but supported the resolution appellate court, which excluded the property from the bankruptcy estate. Several circumstances of both normative and factual nature are given as motives, which are interesting to analyze.

1. According to the Board of Judges, “the enterprise “YUPORTS” is an integral integral part unified system reproduction of valuable sturgeon species and can be restored as a property complex" (the possibility of restoration as a result current repairs was also noted in the expert’s conclusion, and this served as the main motive of the appellate court, therefore the judges of the RF Supreme Court cannot be reproached for overestimating the facts).

The Territorial Administration of the Federal Property Management Agency spoke in favor of preserving the intended purpose of the property complex and insisted on the possibility of its subsequent use as part of a unified system of compensatory stocking of water bodies of the Azov-Black Sea basin, while the bankruptcy trustee of the debtor and the bankruptcy creditor, objecting to the demand of the Territorial Administration of the Federal Property Management Agency, insisted on the unsuitability of this complex for further intended use.

This is a factual argument indicating that the Panel supports the idea of ​​preserving intended use object and in the decision-making process leans toward the party that promises (not the fact that it will fulfill the promise) to repair the property and preserve its intended purpose.

It would be interesting if the bankruptcy trustee were to prove that the auction for the sale of the property would be held with the condition of repair and targeted preservation of the property. Although, of course, this position would be weak, since in Russian legislation there is no mechanism for preserving the intended use of an object purchased at a public bankruptcy auction when the owner changes. To do this, you need a property encumbrance registered in the Unified State Register.

2. Next, the College of Judges drew attention to the negligence of the federal owner, who was supposed to reorganize the unitary enterprise into state-financed organization, which “would ensure the protection of public interest in the use of the disputed property as part of a unified system for the artificial reproduction of valuable and anadromous fish species<. >and “failure by the owner to carry out timely reorganization of the enterprise cannot and should not<. >lead to a failure to protect that public interest.”

This argument, in our opinion, contradicts the general idea of ​​preserving property in public ownership: if it is established that the public owner was negligent (did not carry out a saving reorganization), managed the enterprise in such a way that it ended up in bankruptcy, and its property is not used for its intended purpose and needs renovation, then why leave it on public property?

At this stage of the argumentation of the Collegium of Judges, the question may arise: since the judges of the Supreme Court of the Russian Federation are engaged in law-making (excluding property from the bankruptcy estate in the absence of a direct provision in the law), then should not, as an alternative, consider leaving the property in the bankruptcy estate and selling it with the condition repair and preservation of the intended purpose?

3. As normative basis To conclude that property was excluded from the bankruptcy estate, the Panel of Judges referred to paragraph 8 of the Doctrine food security of the Russian Federation, approved by Decree of the President of the Russian Federation dated January 30, 2010 N 120, according to which “food security of the Russian Federation<. >is ensured by an 80 percent share of domestic fish products in total volume commodity resources of the domestic market." Consequently, in the opinion of the Panel of Judges, “the restoration of the production activities of the YUPORTs enterprise should be considered as one of the measures to ensure food security of the Russian Federation.”

Further, the Judicial Collegium makes an even more radical conclusion: “. provision of paragraph 2.1.22 State program privatization, taking into account the above provisions on environmental protection and food security of the country, can be interpreted as normative legal act President of the Russian Federation, adopted before the entry into force of Article 129 of the Civil Code of the Russian Federation [rejecting the concept of property withdrawn from circulation] and withdrawing said property from free civil circulation.”

In other words, despite the legislator’s rejection of the concept of “property withdrawn from circulation,” the College of Judges concludes that if any property was withdrawn from civil circulation, then after July 2013 (entry into force new edition Art. 129 of the Civil Code of the Russian Federation) it is not returned to it. The conclusion is controversial and covers up the desire of the judges to leave the property in state ownership. I remind you that in the previous edition of paragraph 2 of Art. 129 of the Civil Code of the Russian Federation spoke about the possibility of excluding property from civil circulation by direct indication of this in the law (and not in the presidential decree).

However, despite the reproach legal position, it is clear that practice has found a type of property that, in the interests of society, most likely should have a special legal regime: it is necessary to preserve its intended purpose. The panel of judges filled a certain gap in the legislation through lawmaking, moreover, contra legem (against the law), which theoretically falls within the powers of the highest court.

And then the huge problem of filling this special legal regime with content became visible. The judges of the RF Supreme Court took the path of preserving exclusive state ownership of property. However, we understand perfectly well that the preservation of state property does not guarantee the restoration and use of property for its intended purpose. Quite the opposite - it is easier for the state to sell this property to private individuals with the condition of repair and preservation of the intended purpose, and then monitor the fulfillment of these conditions.

In addition, the rights of bankruptcy creditors are of interest in this case, since it is likely that the main asset of the bankrupt unitary enterprise will be excluded from the bankruptcy estate.

The panel of judges, with reference to the position of the Constitutional Court of the Russian Federation, notes that “the seizure of property from the bankruptcy estate to ensure socially significant, and therefore public law, interests cannot be interpreted as excluding any possibility of compensation for a decrease in the bankruptcy estate of the debtor as a result of such seizure<. >Therefore, interested parties are not deprived of the opportunity to present a claim to the owner of the property for fair compensation for the reduction of the debtor’s bankruptcy estate.”

Thus, bankruptcy creditors There remains a claim against the treasury of the Russian Federation, but what kind of claim is this? Of causing harm? No, property is excluded lawful actions based on a court decision. Maybe this is a claim for unjust enrichment? Probably, but also strange: Russian Federation received property on the basis judicial act, and lawyers talk about unjust enrichment(there is a basis for enrichment). It turns out that this is some kind of compensation based on the position of the Constitutional Court of the Russian Federation expressed in the Determination. It is to be hoped that the court of first instance will satisfy such a claim without going into it legal qualifications from the point of view of the Civil Code of the Russian Federation. Otherwise, a result will be obtained that is unacceptable from the point of view of guaranteeing the rights of creditors in bankruptcy: the state seizes the bankrupt’s property and at the same time is not responsible for his debts.

For the future judicial practice this case is important because of the lack of clear legislative answers to questions about the legal fate of specific property designed to serve the common good of everyone in the state. Apparently, in the absence of anything else, the courts will rely on the logic demonstrated by the College of Judges, although formally and legally this statement is not mandatory for other courts and is not a basis for reviewing similar cases based on new circumstances (as was the case with some decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation).

The logic of the College of Judges is clear and in some ways even commendable (the desire to preserve the intended purpose of property serving the common good), however, for other cases in which the question of the possibility of foreclosure on the property of a unitary enterprise will also arise, the criteria for classifying property as serving public property are unclear interests (common good).

After reading the commented definitions dr. legal Sciences S.V. Sarbash asked a question: is it possible to remove a sausage factory from the bankruptcy estate, relying on the Food Security Doctrine, approved by the Presidential Decree? The question can be developed further: can a stud farm be excluded from the bankruptcy estate, since the public (social) interest lies in breeding valuable breeds of horses? The College of Judges used the term “social and public interest” as a criterion for exclusion, but its content was not disclosed. Everything is left to the judicial discretion, but the criteria for this judicial discretion are important to the legal community for the predictability of judicial acts.