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Creatures as an object of public law. Creatures as objects of civil rights Domestic creatures as objects of civil rights

CONCEPTS AND SIGNS OF TWARIN

PUZEVICH Oleksandr Mykolayovych

Instructions: in these articles there are low non-legislative terms “creature”, the author has tried to explain them in a way, trying to give them one single understanding. Then, keruyuchis tsim understand, the author formulated specific signs that allow you to talk about the need to see the creatures of the middle of the civil rights.

Annotation: in this material, foundations on the number of independents do not indicate “animal”, as their wild camp can be categorized, so that one character is generated. Then, guided by this concept, the author has formulated specific features allowing to speak about the need to allocate animals amother objects of civils rights.

Keywords: understanding creatures, domestic creatures, objects of civil rights

Key words: reference to following animal, domestic animals, objects civil rights.

On this day, the Russian civil law has appeared low standards assigned to creatures. Not only the basic provisions of Art. 137 of the Civil Code of the Russian Federation, what to close, so that the wild rules about mines are brought to the creatures and it is not allowed to zhorstoke with them, and th standards, which regulate the rights of power over the creatures, which are easily accessible speeches (Article 221 of the Civil Code of the Russian Federation), and on the reckless creature, like a slid to understand creatures, like to think of a master, ale timchasovo vibuli z-pіd yogo opіki (Articles 230, 231, 232 of the Central Committee of the Russian Federation)1. Among the methods of attaching the right to power, the legislator has absolutely given the object of civil law by designating such a special method, as a means of forfeiting domestic animals in case of improper cause with them (Article 241 of the Civil Code of the Russian Federation).

In addition, on the level of federal legislation, there has been a trial of legal regulation of driving wild creatures that live in the camp of natural freedom, as it is understood as an ecological link between a creature and nature, which includes whether or not a person has spilled on it from the side of a person2. So, zgіdno zі Art. 3 of the Federal Law of April 24, 1995 No. 52-FZ "On the creature's world" the regulation of the main winds at the galusi of protection and the victorious life of the creature's world should lie before civil legislation.

Tse give a suggestion to talk about a new stage in the development of legislation that regulates every creature. Time for an hour, clearings, which were lost in the new, and the presence of a single-mansion approach at the cherry food, tied with creatures,

1 Nikolyukin S.V., Utkina I.O. Peculiarities of blaming that right of authority on the careless and stateless creatures: the consequences of civil legislation // Lawyer. 2009. No. 6. P. 15.

2 Zakharov D.Є. Before nutrition about the right of power to the world of creatures// Russian legal journal. 2010. №3. S. 28.

3 Zakharov D.Є. Creatures as objects of civil rights: author. dis. ... cand. Legal. Sciences. Yekaterinburg, 2010. P. 4.

as before, they do not allow access to recognition in the modern world and the midst of civil rights.

Quietly all creatures are divided into wild and domestic. Їх razmezhuvannya, calling on an impersonal food, which is blamed on this soil, є the subject of work, then in our article, it will be easier to understand those signs that are seen more importantly to the category of domestic creatures.

As you can see, it is of great importance for the correct understanding of that zastosuvannya to the law, it can be fixed in a new one to understand that it is allowed to secure the same payment before the regulation of the same type of payments. In our opinion, the legislator did not fix the concept of “creature” either in the Civil Code, or in the federal laws “On Creatures”, “On Tribal Creatures”, “On Veterinary Medicine”, or in any regulatory legal acts. In tandem with tim sho tse understand day at the legislature, we will try to open yoga, vicorist philological clouding.

S.I. Ozhegov calls living organisms creatures, and the things that make the building crumble, they eat, for the sake of growing up, we prepare organic sprouts 4. Vіdpovіdno to D.N. Ushakov's creature is alive and well, sensible and peresuvatisya5. In the legal encyclopedia, creatures include all representatives of the zoological subtype of spine creatures, as well as spineless creatures, as if they may have a broken nervous system, and suffer from pain6.

Vrakhovuuchi vykladenі signs, refurbished-

4 Ozhegov S.I. Tlumachny vocabulary of Russian. M: Oniks, 2010. S. 141.

5 Ushakov D.M. The great gloomy dictionary of modern Russian. M: Alta-Print, 2007. S. 130.

6 Tikhomirov M.Yu., Tikhomirova L.V. Legal Encyclopedia. M., 2009. S. 250.

nі have vishchevkazanih appointments, you can give such an understanding of the creatures. The creatures are alive, that the buildings can collapse, look and live with ready-made organic sprouts. The skin, from the sign, is importantly special, we are not powerful for this object of public law, it is better to look at the skin of them below.

The first one is the main feature of the creatures, in our opinion, those creatures are alive. Tse means that they stink the soul, just like other objects in the civil right of speech, that is. inanimate objects. Nutrition, chi can the creatures of the mother of the soul and that it is itself, it is absolutely religious, for this it is necessary to go back to religious studies, which are carried out on this topic by theologians.

The spirituality of creatures is clearly seen in the Holy Letter. The axis of the text, which confirms:

“The Lord God created from the earth all the creatures of the sexes and all the birds of heaven and grafted [їх] to people, sob bachiti, as they called them, and sob, as if they were called people, I live every soul, so it was im'ya їy (But. 2 ,19) ).

Who knows: why the spirit of the blue of men rises uphill, and the spirit of creatures descends to the ground? (Eccl. 8:21).

The soul of the body (creatures) is by the blood ... To that I said to the Israelite synams: Do not eat blood from any body (Lev. 17, 11-14).

What is a soul? In the most simple way, the creature has a complex of organic and sensible spriyattiv, thoughts and sensibilities, slіdіv pogadіv or only (at the lower ones) a complex of organic intuitions that unite self-confidence (the mind of higher creatures). The primitive spirit of creatures is less than life (among the lower ones). The world is inspired by the gatherings of its growing spirituality, and the rudiments of reason come to life, the will of that sense7.

Another peculiarity of the creatures, which directly screams from the first, and also from the greatness of the appointment, є їх zdatnіst vіdchuvati, keruyuchis such stinks can show their will.

N.M. Averchenko, rozumіyuchi will as nevid'mnu power, including the special features of those people, commanding the knowledge of the will of the creatures8. In other words, the author clearly recognizes the will of the individual (person) and the spirit.

calling in such all other spiritualized creations (creatures). At the same time, it is impossible not to recognize the fact that in orderly legislation for the creatures, nevertheless, the building of the mother's will is recognized and manifested її. As a proof, we can serve as evidence that the fact that it’s a pretense to signify like a bazhanny buti s kimos at once, which is manifested by the strength of the sound, then the creature, in the thought of the legislator, can adequately speak about the feeling of tightness and confusion behind him, and on the contrary, show anger and behave aggressively according to the individual’s age, as if you were cruel to him, didn’t give him a proper rank, or simply didn’t sound to something else9.

The third peculiarity of the creatures, as living beings, is found in their need to be eaten, and not even inorganic cavities, such as mineral salts from the soil and carbon dioxide from the floor, but by folding organic half-shells, without regular bending on the ground for a small amount of time. The purpose of power is like nothing else to talk about the need for a special occasion for them.

The fourth individual rice, not assigned to the same designation, but characteristic of this object of public law, is a nickname for it. As you can see, it is not customary to give names to speeches, the shards of them are rich in what is needed for speculation, which is absolutely marvelous in relation to an inanimate object. I have seen creatures giving it special significance against other types of property secured by the Civil Code.

In addition to the foregoing, we respect the need to see the creatures of the middle objects of civil law created for them by a special legal regime, within the framework of which, protecting their specifics, closing a special procedure for causing them, especially minds, pleasing them the subject, that responsibility for the death of the creature, which has come after the destruction of the most important position, which can be achieved, having seen them in a special chapter, divided the objects of civil rights.

Seeing creatures in the middle of other objects is not stilki legal, but moral. Tse own Danina Tim, who victorious people from the most recent hours to our hour for the most demanding needs.

7 St. Luka (Voyko-Yasenetsky). Spirit. Soul. Tіlo. M., 1997. Z. 85.

8 Averchenko N.M. Legal regime of folding speeches: dis. ... cand. Legal. 9 Єvsєєv E.F. About the spivvіdnoshennia understanding of the “creature” and “rich” among the hrom-

Sciences. SPb., 2005. P.22. Russian law // Legislation and economy. 2009. No. 2. S. 26.

Creatures as an object of civil rights

K.D. GASNIKIV

K.D. Gasnikov, lawyer.

Chinniy legislation introduced a difference legal regime for objects of the creaturely world (wild creatures) and other creatures (domestic, agricultural and other).

The object of a creaturely world is an organism of a creaturely adventure or a population. federal law). The main criteria that allows you to breed a wild creature like a domesticated one or another, to serve as the middle of his life. Wild creatures live near the camp of natural freedom and live under the direct control of natural selection.

At the same time, the objects of the creaturely world are viable to the extent of being one of the types of natural resources (div. the preamble of the Federal Law), then, vihodyachi z p. 3 Art. 209 of the Civil Code of the Russian Federation, vindication, change and attachment of the main rights to them may have their own peculiarities.

It turns out that we are in front of that, which is with the creaturely world at the borders of the Russian Federation, is trying to overcome the sovereign power. When it closes, the delimitation of the rights of power on the objects of the created world between the Russian Federation and the subjects is established by the order, transferred by the federal law. However, such a law has not yet been adopted, which makes it easier to improve the richness of food and calls out a little collusion in practice.

For zagalnym rule vіdpovіdno to art. 210 of the Civil Code of the Russian Federation, carry a vlasnik.

Vihodyachi z tlumachennya position, you can zrobiti visnovok, scho tyagar utrimannya ob'ektiv created world vіdpovіdno to the minds, fixed at the license, carrying coristuvach.

Rizik vipadkovoї death of the object of the creaturely world zgіdno zі st. 211 of the Central Committee for the banal rule carry yogo vlasnik. However, at the contract of MІZ, the authority of the Region, the commissioning of Rosіyskoi of the Federal District (V_D'єkta Rosіyskoji of the Federal District) Okod'kti Rosіyski Co.) OBZKATS OF THE CITY SVITUM, I CRINGOVAZHE BOUTIE DEPARTED, SHEY TSY RIZIK TO RESERVING TO CORRIVOCH WITH MOUNT dovkіllya (), or from the provisions of the contract.

Tsіkavim sees and virіshennya nutrition shkodo zastosuvannya to vlasnik or koristuvach object of the creaturely world position of Art. 1079 of the Civil Code of the Russian Federation in times, as if the creature was in charge of the third person or the lane.

A look at the power of the underworld of shkodi people and the subdition of shkodi myna by creatures tied to the victorious understanding of "dzherelo promoted trouble." However, there is still no clear legislator's authority to understand how to improve the development of law enforcement practice on this topic.

What next razumiti under the dzherelom podvishchenoї nebezpeka? Look at the two main ones. One vchenі vyvodat tse priyattya z be-yakoy diyalnosti, zdiisnennya kakoi create nebezpeka for otochyuyuchih through the possibility of total control over it. In addition, on the other hand, you should be aware that, under the age of insecurity, it is necessary to understand the objects of the material world, which can lead to unsafe powers that are not subject to full control from the side of a person.

Let's try to prove that the creature can be brought to the dzherel of the raised insecurities on the stand ship practice. As an example, we look at the Decree of the Presidium of the Supreme Court of Arbitration of the Russian Federation on April 8, 1997. No. 5923/96.

The motor vehicle, like a dzherelom podvischeno ї nebezpeka boulo skoєno naїzd on the elk, after that the rest died. The Head Office of the Environment of the Administration of the Perm Region went to the Arbitration Court with a summons to the municipal enterprise "Combinat landscaping" - the head of the transport department - about arranging 2,766,500 rubles for air-breeding shkodi, zapodiyanovі sturinі. Vіdpovіdach tsikh vymog not vyznav, relying on those scho zapodіyana vnasledok vzaєmodії dvoh dzherel podvishchenoї nebezpeki.

The Presidium of the Supreme Arbitrazh Court of the Russian Federation pleased the positivist, stating that “the beaten elk is a natural, and not artificially created by legal or physical persons, environment for creatures” and this was not the cause of unsafety.

The analysis of the named Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation allows the generation of two proofs:

Creatures are recognized as a dzherelom of unsafety, as objects of the creaturely world, and to inspire wild creatures, timchasov's learning from dovkillya and like in captivity in the intoxicating minds;

dzherelom podvischenoї nesbezpeka iznaєtsya creature like mine, scho may not be safe for otochyuyuchih power and not subject to the same control from the side of the man.

Tsіkavo, that the position of the Supreme Arbitration Court of the Russian Federation is reviewed according to the standard of Art. 404 earlier than the civil code of the RRFSR 1922<*>, zgіdno z such a person that pripriєmstva, the activity of such pov'azana z pіdvishchennoy nezbezpeka for otochuyuchih, among them the head of wild creatures, vydpovidali for shkoda, zapod_yanu dzherelom podvishchenoyї nezbepeka.

———————————

<*>At st. 454 of the Civil Code of the RRFSR of 1964, which established the procedure for attracting to the highest possible degree for shkoda, under the hood of the dzherel of the unsafety, there was no mention of the creatures.

It is necessary to signify, it is necessary to signify: under the advent of trouble, only that creature is conceived, as if it were without interruption under the control of a person that acts as an object of speech law.

The right of power over the agricultural and svіysky creatures (further - creatures) can be gained from a different way. Call these methods and they are divided into two groups: pochatkov, tobto. if to lie down in the name of the rights of the previous sackmaster to the creature, and it’s better, in some cases, the declaration about the creature is blamed on the will of the previous sackmaster.

Pokhіdnі ways nabuttya rights vlasnostі, yakі can be expanded that on the creature as an object of civil law, reclaimed by paragraph 2 of Art. 218 CC.

Let's start on the cob ways of gaining the right to power over creatures and problems that are blamed for their zastosuvanni in practice.

Regulate the order of nabuttya the right of power to careless creatures. Vyhodyachi z statute of law, it is possible to formulate such a designation: under the reckless mind of a creature, like a maє vlasnik and timchasovo vibula z її pikluvannya, and also a creature, vlasnik like nevodomy.

The Civil Code has established a six-month-old term of purchase prescription for vindicting the right of power to the reckless creature in the individual, as it has hindered. As a matter of fact, a person has been appointed to be held responsible after the end of six months of the right of power over the creature, she will reach the municipal power (paragraph 2, paragraph 1, article 231 of the Central Committee).

Enforcement of this provision of the law becomes more difficult because the municipalities are not ubiquitous and generally not in all subjects of the Russian Federation with municipal authorities. The norm is named to be imperative in nature, and to that, appearing from її zmіstu, the reckless creature cannot be found in the power of the Russian Federation, but її subject.

As an example, take the place of Moscow as a subject of the Federation. On the territory of the capital, there are no municipal offices, although they have been transferred by the Statute of the City of Moscow (Article 54). Therefore, the reckless creatures to organize the system of municipal self-regulation and adopt the law of the city of Moscow on the separation of power between the city and the municipality (part 2 of article 22 of the Statute of the city of Moscow) are being transferred from the city of Volodymyr, Koristuvannya and the Order of the Federal Subject of Russia

Tsey visnovok having taken away the binding from the project to the Law of the city of Moscow "About the Creature".

July 22, 2002 The order of Moscow praised the Decree about the approval of the draft law. This complex legal act was entrusted by the norms of the Civil Code of the Russian Federation, the Federal Law "On Creatures World" to regulate the procedure for the morning, the protection of creatures that caused them to beat the capital. Draft recommendations for submission to the Moscow City Duma.

Prote statti, establish the order of the power of the careless creatures, which are impossible to expand in the face of all the main blues, the object of which is the homeless creatures. Zokrema, it’s unlikely that the statutes will be fully regulated, as they regulate the order of the power of careless creatures, as, for example, the owner of a stray dog was found, but he was inspired by the right of power to the creature. In times, you know, you can win the statutes of the DC of the Russian Federation, which vindicate the right of power to the stateless river art. 225 and 226 DK RF).

Vidpovidno up to par. 2 p. 2 art. 226 of the Central Committee "Other throwing speeches should come to the power of the individual, as if the Volodinnya entered into them, as if for the declaration of the person of the stink of the stench of the judgment of the stateless."

Zvіdsi yelling, that the person, as if she had revealed the thrown creature, may have the right to turn around to the court of the solemn jurisdiction, having filed evidence of evidence of the judge’s judgement, in view of his rights to the creature, with a call about the recognition of the appointed creature without a master. At the time of satisfaction, I will call a positive person to wake up the right of power to such a creature.

From the same, it is possible to mean: regardless of those creatures of a separate family, to speech rights, they act as an object of such stench, they are guilty of stating the provisions of the division of the II Central Committee of the Russian Federation, that they are vindicated, changing those rights of speech of the authorities.

Entry

1. Creatures as special subjects of civil law

2. Zahalny legal regime of creatures as objects of civil rights

3. The legal regime of creatures, entered to the Chervonoy Book of Ukraine, as objects of civil rights

4. The creaturely world of Ukraine is the right of power over the creatures, as if they perebuvayut at the camp of natural will.

Entry

Most of the civil law is based on the norms of the civil law of law, which is formed from the drive of tangible and intangible benefits, the participants of this, volodyuchi legal autonomy and mainstream of the Kremlin, act as a legally equal nose of rights and obov.

The object of civil law is the good, with the drive of some kind of blame for civil law and how to establish the subjective right of that law.

Objects of civil law can be subdivided into chotiri groups: 1) mine; 2) dії (robots and servants); 3) the results of intellectual (creative) activities; 4) intangible benefits.

Under the term “ mineno“A civil law may be on the verge: richness of speeches, as in the case of the Volodin in the hairdresser; the association may be worth a penny as speeches, and my rights; the main law is that goiter of the recession, yakі go to the recession.

In all vipadkah, the right to mine is expanded not only in speech, but also in the realm of income and other rights.

Pid speeches the material objects of the outer world are understood. They are placed before them as objects of material and spiritual culture, tobto. products of human practice, and objects created by nature itself and victorious by people in their life - earth, painted copalins, roslins, creatures thinly.

The State establishes the rules of behavior of people under the hour of victory over others. At the link with the cim, the term "legal regime of speech" is used. Vіn є umovnym and signifies not the power of speech, but signifies how the behavior of people can be in speech.

The legal regime of speeches serve as one of the main substations of their classifications, necessary to oblige and protect the rights and obov'yazkіv of participants in civil law.

We specialize in the object of civil law creature.

1. Creatures as special subjects of civil law

In connection with the increase in the number of domestic creatures that perebuvayut at the power of the hromada, as well as possible favors, objects of such creatures, it became necessary to introduce the new Civil Code of the article about creatures as an object of civil rights, which did not exist in the old one. codes.

According to part 1 of article 180 of the Civil Code of Ukraine, we will specialize the object of civil rights and expand the legal regime of speech, crime of speech, established by law. It has been enacted by the Law on the necessary special rules for dealing with creatures.

At the moment, the legislation has low laws, assigned to the creature and the world beyond, in which there are statutes, which establish their legal regime, tobto. a special order for the establishment of the right of power and the ordering of creatures as objects of civil rights.

According to the Law of Ukraine "On the protection of creatures in the form of a zhorstoy occasion" the term "creatures" can have the same meaning:

creatures- biological objects that lie before the fauna: rural, domestic, wild, including swine and wild birds, farmers, laboratory, zoos, circuses.

The law of Ukraine "On the protection of creatures in the form of a zhorstok occasion" was praised in 2006 by the public. Tsei Law directs to the defense of creatures in the face of suffering and death in the aftermath of a bitter occasion with them, the defense of their natural rights and the strengthening of morality and humanity establishes the special rights of power and other speech rights to creatures as to special objects of civil rights.

A special order of giving to private authority, corroboration of that order is established on creatures entered to the Chervona Book of Ukraine and is regulated by the Law of Ukraine “About the Chervona Book of Ukraine”. Creatures, entered to the Chervonoy Book of Ukraine, can be the subject of civil law only in cases of violations and order established by law.

The legal regime of wild creatures, as if they are resting in the camp of natural will, as well as creatures, grown in captivity, in piece minds in other ways not protected by law, is established by the Law of Ukraine "On Creature World".

2. Zahalny legal regime of creatures as objects of civil rights

Valid until article 12 forwarded that:

1. The right of power, or other speech rights of an individual, as a way to subdue the creature, obmezhenі obov'yazkom dotrimannya norms and vimog tsgogo Law;

2. The right to power and other speech rights on creatures in case of a severe occasion with them can be attached to the decision of the court by the way of their paid exclusion or confiscation;

3. Please, laid in a special way, as it did not reach 18 years, schodo nabuttya or transfer of the right to power or another speech right to creatures, can be recognized for a week for the decisions of the court, as such, please, it was laid without the father’s favor, or individuals, or osib, as if they were replaced;

4. Skoda, zapodiyany individuals or the lane of a physical individual, as well as Skoda, zapodiyana lane of a legal individual to creatures, pіdlyagaє vіdshkoduvannu in povnomu obsyazі special, like yoga revenge.

Article 13 Law of Ukraine "On the protection of creatures in the form of a zhorstok occasion" regulates the mind of certain agreements, the subject of such creatures: when buying and selling creatures, the seller of the creatures of goiter must ensure the purchase of reliable information about the type, breed, health status and other creatures, as well as about the mind of the morning.

As if wild beasts are sold from among the species listed up to the Chervonoy Book of Ukraine, or else they are supposed to be protected according to the most important international treaties of Ukraine, other wild beasts, the seller of the creature's goiter must also submit a purchase document certifying the legitimacy of bringing such a creature to the authorities.

It is also established that the gift of creatures is allowed only after the advance permission of the future sack.

Article 14 Law of Ukraine "On the protection of creatures in the form of a zhorstok occasion" establish vidi gospodarskoi dialnostі, pov'yazanoї z vikoristannyam and utrimannyam domestic creatures, scho pіdlyagaє licensuvannu.

Licenzuvannya vіdpovіdno to the law pіdlyagayut:

breeding of domestic animals (dogs, cats, exotic and decorative creatures) in breeding nurseries;

dog training;

training of specialists in lucid spheres.

The zakhist creature is also directed article 154 Codec on administrative law enforcement:

violating the Rules for killing dogs and guts pulling behind them in front of them, or imposing a fine on huge people and landlords at the rozmіrі, transferred by chinny legislation.

3. The legal regime of creatures, entered to the Chervonoy Book of Ukraine, as objects of civil rights

Special rules of animal husbandry are based on the introduction to animals brought before Chervon Book of Ukraines. The law on the Chervona Book of Ukraine is adopted every 10 years.

Chervona Book of Ukraine - OFIKINIY DOCUMENT DOCUMENT, PERSONY MISTRAY ANOTNIONES PERELІK RІDKISNY TA PІD TROZNYY SNIUT ADRIE IN MORITORIA ROSELINE STITOR IN THE CONTRIBUTION OF THE CONTRIBUTION OF THE CONSTRUCTION TO MORSKOE EKONIOZY ZONY, AND TAKHOVA IZAGAL'NIY Vіdomostі about sewn, shortcuts , that come in for your savings and recovery.

Recorded to the Chervonoy Book of Ukraine, you see the growth and the creatures provide special protection throughout the territory of Ukraine. Today, up to the Chervona Book of Ukraine, 541 species of roslin and 382 species of creatures were recorded.

Vidpovidno to Article 7 of the Law of Ukraine "About the Chervona Book of Ukraine", allowed for the right of private power of physical or legal rights to creatures, as objects of the Chervonoy Book of Ukraine, which are seen as specially approved by the central authorities of vikonavchoy vlady. s nutrition of ecology and natural resources is in line with the law. The legitimacy of such a transfer to the authorities can be confirmed by relevant documents

The main ways of choosing creatures-objects of the Chervona Book of Ukraine are waived to Art.18 of the Law of Ukraine “About the Chervona Book of Ukraine”, the Law of Ukraine “About the protection of the most natural environment” (1264-12), “About the creation world” (2894-14) , "On the natural reserve fund of Ukraine" (2456-12) and other regulatory legal acts.

Vіdpovіdno to article 19 of the Law, “Clean up a special edition of the objects of the Chervonoy book of Ukraine”,

Specіalna Vicaristannya (Vitobuutok, Zbiranta) OGOKTIV CHERVONOої BOOKS Українська зисисной с витовый отелький ипадки салимы за и руки товися изовиный товина и радений товина модание мововах, звовая воломавой постование on the basis of the decisions of the National Commission for the Food of the Chervonoy Book of Ukraine, adopted in full until the end of the day.

4. The creaturely world of Ukraine is the right of power over creatures, as if they were resting at the camp of natural will.

The right of power over the objects of the world of creatures is governed by Article 5 of the Law of Ukraine "On the world of creatures" (INі

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juridical right of power

Entry

1. Significant legal characteristic of the rise of the right to power

1.1 Basic understanding and vindication of the right of power of physical rights

2. Peculiarities of establishing the right of power over stateless creatures

2.1 Ways to gain the right to power

2.2 Nabuttya the right of power on the objects of the created world

Visnovok

List of victorious literature

INvedennya

In civil law, that її doctrine has long been seen as a large and practically important group of those who are close behind their signs of rights like material goods, as they have taken away the names of speech rights.

Substantiating the vision of speech rights is not only their material object, which signifies the practical significance of these rights, but also important legal features. Speech rights allow you to insinuate without intermediary z їхної subject - material goods are characterized by trivality and inspire bezstrokovistyu diї і give noses of such legal protection against all third osіb.

Before the speech rights of the zokrema, the right of power should lie.

Nourishment of power - tse, calling for everything, one of the most important nourishments that signify generation, the basis of that path for the development of human welfare. In addition, like kim vіn settings, virishuєtsya and regulates in the given hour, including in the given historical period, to lay stamina, well-being, and often the basis of any kind of suspіlstva, like vtіm, і dermal okremny member. Be-yakoy suspіlstvі zavzhdі є vlasnostі problem. Vidnosins of power permeate the entire system of civil and legal rights and accompany people from the moment of birth and until death itself.

Chinne in the SRSR, the hromadaian legislation, which was based on socialist power, did not see the category of speech rights and did not win the legal understanding, although it recognized speech rights. The transition of the Russian Federation to the market vodnosin and the expansion of the main turnover demanded the introduction of the category of speech rights and the assigned regime into the system of public law.

The skin of the historical era of power as a civil-legal category is driving the entire system of social and legal rights. Forms of power and її variability in vіdpovіdat shaping the civil-legal system of all іїї equals. The problem of authority is supra-linguistically rich-sided and with a skin new stage in the development of a legal thought, all new sides of this problem are revealed.

Chinniy legislation has established a different legal regime for objects of the creaturely world, shards of the need for legal regulation vіdnosin schodo vikoristannya creatures, civilized imposition of civil-legal favors with okremimi їkhnіmi families that species is long overdue. In connection with this, the legal regime for the objects of the creaturely world does not know proper legal regulation, which causes a number of theoretical, and especially practical, problems. Іnuvannya tsikh problems and rob the topic of nabuttya the right of power on the stateless creatures is especially relevant.

Metoyu tsієї roboti є look at the nutrition of the legal regulation of the power of homeless creatures.

Out of the delivered mark, in the course of our investigation it is necessary to complete the following task:

Signify the main understanding and substantiate the vindication of the right of power of physical rights;

Rozkriti utrimannya that mezhі zdіysnennya rights vlasnostі physical osіb;

Describe the ways of gaining the rights of power;

Reveal the specifics of the discovery of the right of power on the objects of the creaturely world.

1. Significant legal characteristic of the rise of the right to power

1.1 Basic understanding and presentation of the vindication of the right of power of physical rights

Private, sovereign, municipal and other forms of power are recognized and stolen from the Russian Federation (part 2 of article 8 of the Constitution; paragraphs 1, 4 of article 212 of the Central Committee). The right of power of physical rights was instructed from the right of power of legal entities to lie down to a private form of the right of power.

Until the adoption of February 12, 1990. the law of the Lithuanian RSR "On the foundations of power" did not allow the legislature of the Soviet Socialist Republic to understand "private power". Natomist vikoristovuvavsya the term "special power of the hromada". According to the law, which was blowing in that period, the right to power of the hrom- dens was broadened by the head rank on the subject of living, as well as on the other work of cultivation, which is necessary for victorious work in special educational states and on garden plots. All other types of lane could lie on the right of power of the state, cooperatives and public organizations.

Vіdmіnnostі mіzh zaznachenimmi categorіy polagatі ob'ektivnomu vladі, and і у відвах nabuttya vlastnostі vlasnostі. So, for example, the hired labor was harrowed, which would lead to the vinification of products, the fruits of which were profitable. The long hour was based on the presumption of the right of sovereign power to res nullius - bezgodarno mineno.

The essence of this presumption was brought to the point that the docks have not been brought to the other side of the lane, it is transferred that it is the power of the king. This permission was fixed at the Decree of the Plenum of the Supreme Court of the RRFSR dated April 29, 1925. "About the presumption (admission) of the right of the power of power in the mainland". Such a camp was especially actively stagnant in practice in the first place of the Radyansk power, and after the Great Great Witches War. Lately, it has begun to lose its significance, and the residual presumption of sovereign power on the stateless has frivolously spent chivalry from the civilized legislature of the institute of recent prescription.

On this day, the court of the lane with the power of the hulks, as well as the victory of the lane, which to lie down, can be individually associated (spilno) with other persons (for example, under a simple partnership agreement (Article 1041 of the Central Committee), for an additional mortgage , a contract of retail purchase and sale, Art. 492 of the Central Committee) under the responsibility(For the sake of hired labor or without it). To whom the Vlasnik has the right to victorious, whether it be mine, to lie down to you on the right of authority of a special position and in the conduct of administrative duties. In the literature, the connection between the cims showed two different rights of the private power of the bulk: the first one is less important, and the other is victorious in the sphere of business. It doesn’t matter to remember what criteria I have found in my own confession of myna, what a huge man should be.

At st. 209 The Central Committee recognizes power as a gift to the ruler of the rights of the Volodymyr, corystuvannya and order by the Main. This triad, as її call lawyers, in the form of arbitrariness, victories the actual zmist of the right of power and really knows how to win.

In marriage, the stench gives power to the nature of the largest law behind the juridical zmіst of main law, which can mother all subjects of civil law.

Eligible Volodinnia- Tse mozhlivіst lord's panuvannya vlasnik over yoga lane, scho bezpechuetsya law. They don’t need actual volunteering, it’s enough for their mother to be able to win the main. The keeper of the car is left with the keeper of the car, while working at the repair or on the repair. Prote, transferring a car for a lease agreement, the sergeant-major guards the rights of the citizen, saving, at the same time, the status of the sergeant-at-arms, and you can order the car by selling it.

Vlasnik mayna may be like Yogo Vlasnik, and if you have riches of other civil rights, we will take away mayno for a contract. However, such a volunteer is bound by the terms and frameworks that are designated as the head rank, goals and minds laid down in the contract.

Eligibilityє legally secured the possibility of gaining from the lane of yogo corisne authority, as in a new pledge that is necessary for the squire to satisfy his needs, yoma and call to serve authority. Koristuvannya mine includes the removal of new fruits, products and income (Article 136 of the Central Committee), which grow to the first power. The eligibility of the courtship is most often based on the Volodymyr’s lane, prote possible situations, if for training brown authorities myna vlasnik timchasovo vіdmovlyаєєєєєєі vіd vіdіnnya, transferring сіnі vіs volіdіnnyа to third persons.

Legal order- ce bezpechuєtsya by law the possibility of assigning a share of the mine to the sight of different legal interests: to hire the mine, to grant it, to sell it thinly. The ordering of the administration of the myna by the sergeant-major calls for yogo toll, or it is not necessary, and also the power of the law of power, about which you can directly go to Art. 236 CC.

Vlasnik can wear his own clothes, handing him over to the outpost, or, in the future, set up some timely temporary service, which surrounds him with the legitimacy of the Vlasnik. After the termination of the term “obtyazhennya” the right of authority is recognized by the public, and for the same reason, it is accepted to name the elasticity of the right of authority.

Legislating for the right of authority through the competence of the Volodymyr, the coronation of that order by the mine, which led its own cob of Roman law, was also recognized by a number of authors as insufficient for the establishment of a political institution. New formulas were recommended, the zocrema was suggested to be included before the translation of the rights of the sergeant to understand the “management of the mine”. Prote legislators' changes and other propositions were not caused. Traditionally for the public law, the appointment of the right of power to the dignified legislation is preserved.

The right of power, which belongs to the subjects of civil law, is accepted by my juridical term as subjective. Vono is based on the norms of the great legislation about the right of power, as if in their own marriage they establish the most important part of the hromada legislation.

Bezgospodarna rіch - rіch, yak not maє vlasnik, vlasnik like nevіdomy, but as if svіsnik vіdmovivsya. The right of power to such speeches is blamed through the statute of limitations.

Stateless neruhoma rіch pdlyagaє decisions on the appearance in the bodies, yakі zdіysnyuyut state registration of rights on neruhoma maya after completion of the 1st year in court order:

Recognized by the municipal authority;

Received back by the vlasnik;

Accepted by another special in the order of purchase prescription.

By the Balsk age, it is important to recognize, summing up that uninterrupted volodinny by the hairdresser of the lane - ruhomim or non-ruhomim, as if by its own stretch 15 (for non-ruhomosity) or 5 (for the ruhomous lane) rokiv.

Move, in the presence of such a sergeant, you can be savage in the power of an individual:

The one who entered at the Volodinnya, as if stinking for Yogo by declaring that he was recognized by the stateless court;

Vlasnik of the land plot, the waters are thin, where the river is thrown, as if he had made a mistake, so that he could tell his authority about the speech.

With such speeches, be it rich with less than 5 minimum wages, throw metal brucht, defective products, firewood alloy, wed that plums, which are utvoryuyuyutsya with brown copalin, and other types.

When you know the speech, the person, as you know, does not become a vlasnik. Nasampred yon goiter should be told about a knowledgeable person, as she has spent rich, or else, yak may have the right to her. As if the knowledge was revealed at the transport of those who were assigned, it could be handed over to their sergeant. In the event of impossibility to reconsider, the second person, as the rich knew, had to declare the goiter to the police, or the organ of the police self-regulation. After the end of 6 months, from the moment you declare about the knowledge, as a person, you are encouraged to take away the river, if it is not established, the right to power is gained by the person, as you know. When such a person is born, he should be in the municipal authority. As soon as the river is known to be shvidkopsuvnoy, it can be realized, and the money won will give the return of the person's reassurance.

The person, as she knew the richness, handed over to the її upovnovazhenіy person, she has the right to win in her vineyards at the expansion of up to 20% of the speech quality, as well as the production of the necessary wines, tied to the savings, buildings and the implementation of the speech.

The right of power on the reckless creatures is blamed for the fact that they knew them, and also after the end of 6 months. At different times of the city, the stink of the individual should be at the municipal authority. When the creatures were turned, their guise appeared in the right vimagati vіdshkoduvannya vitrate, tied to their mornings, and when the domestic creatures were turned, winegrowers.

Submit the blame of the right to the power of physical rights, as those other subjects of civil law, call them on the cob and pokhidni. Prote next designate, scho іsnuet tіkі podstav, yakі vyyavlyayut specific affiliation less to okremih subjects of public law. For example, physical persons cannot, as a power, grant the right of power to the mayo at the sight of the first nationalization, or as a legal person, become the ruler of the mayn (or the third part) after the reorganization of another legal entity. At the same time, the right of power in physical entities can be blamed through such legal facts, based on such impossibly or any other legal entities, or any sovereign establishments.

We should name the following socially important ways of gaining the right to power, to which different scholarships, pensions, and also other social assistance and pay. The law has transferred those other special provisions to vindicate the rights of power of physical deficiencies. So, vydpovidno up to paragraph 4 of Art. 218 of the Central Committee, a member of a living, living-budive, dacha, garage or other living cooperative, other individuals, if they have the right to share money (for example, a person or another member of this family, a share), , a garage, another place, given to these persons by a cooperative, gain the rights of power on the ground.

The specifics of other vindications, as well as the right to the power of physical deficiencies, may be incriminated different characteristics given subjects and the peculiarities of other objects of civil rights, that respect will be given to her in the coming paragraphs of this section.

The civil law regulates the analysis of the power of physical persons, the empowerment of them, the coronation and ordering of the main, and also the way to protect their abilities to gain control over the main, without any intermediary, actually gaining control over the main.

The system of norms that regulate the color of the blue, the right of power of physical features in the objective sense. The concept of the right of power of physical osіb in the subjective sensi viplivaєz infamous appointment the rights of power are less than a sign that the law is transferring the possibility of the very physical beings by their own powers to establish the eligibility of the city, corystuvannya and ordering by the right lane at the borders established by law.

Virishalne znachennya characteristics zmіstu prava vlasnostі maє mozhlivіst yogo vlasnik most zdіysnyuvati juridically significant positivnі ії. So, as it was intended, the Russian civil society sounds to characterize through the eligibility of the head of eligibility: volodinnya, koristuvannya, ordering. This Vlasnik has all the full burden of a possible panuvannya shodo yogo maina.

Prote hoch bi yakim povnim right, it can be unfettered.

The very designation of the right of power through the traditional (and great wisdom) is assigned to the triad of rightists, like, secondly, and for the help of any other change - it’s already a sign of the exchange of rights. A.V. Venediktov, suggesting Pukhti’s thought from this point of view, having rebuffed against the reparation of the rightfulness of the vlasnik, shards about eligibility can only be said about the rest, "shards of power are forfeiting ... to the peasants, zavdyaks like them are vindicated in the power of eligibility." Wolf’s speech is immediately given: it’s not enough to describe the right to speak.

For example, a retelling of speeches has been inserted, such as some enclosings obsyag dei hromadyan-vlasnik. Tsі obmezhennya can stand up like a diy shkodo pripinennya the right of power, so i okremi pravochinіnі shdo volodynnya, koristuvannya that order of the mine. So, zbroya, narcotic drugs, strong poisons can bathe in power only for special permits. Ordered by a special group of citizens at the sight of the sale, granting that іn. zdіysnyuєtsya with obov'yazkovoy registration in the bodies of internal reference. Pred'yavlyayutsya osoblivimogi up to the order of volodinnya such lane - narizna fireproof armor can be saved from metal safes. It seems quite obvious that there is a lot of fodder for this kind of speeches. On the territory of the Russian Federation, there is a turnover of foreign exchange values: foreign currencies, valuable papers in foreign currencies, expensive metals and natural expensive stone in any way you see it, behind a crown of jewelry and other hand-made products, as well as a variety of such varieties. For the advent of low speeches, it is not necessary to allow special permission, but it is necessary to vikonanny of minds passed by the law. So, the introduction of those reminders of history and culture is based on the rules about the priority of the right to purchase them by the state, and when cultural values are taken from the borders of the Russian Federation, the right of authority to them is recognized only by letters.

The establishment of the Constitution of the Russian Federation and the DC, the principle of equal protection of all vlasniks (zocrema and hromadas) is one of the most important guarantees for the development of the main exchange in Russia. Natomist znacheniya principle does not mean the unity of freedom, but also the vindication of the right of authority of different subjects. To that, other exchanges of the right of power, and, later, the specifics of this change are not so in the power itself, like in the right person, for the very nature of that obligatory rest signifies the private boundary and the sphere of possible realization of the subject of the right is called.

Obligation of the main legal personality of physical osib is subject to the obligation of the main legal personality of other participants in civil legal systems. The peculiarities of attaching and assigning the right of power to mine, volodinnya, coronation and ordering them are dependent on whether a physical person, Russian Federation, subject of the Russian Federation or municipal education, may be established by law (To. 21 Art. 21 Art. ) . So, only physical individuals can be decliners and order accordingly to Art. 1118 Central Committee, scho to lie on the right of power in the mine at the sight of the commandment. Just as long as there are physical deficiencies, if they decline, they might die out of the law (that they themselves gain the right to power over the mine), I will call for the call to decline (Art. Art. 1141 - 1145 and Art. 1148 of the Central Committee). No juridical osіb, no sovereign and municipal laws can avenge such differentiation. Moreover, as a vital factor, which adds to the blackness of the decline, the steps of the sporidness of the dead and the yogo decline appear. Also, here are the characteristics of right-subjectivity, which may be more than physical features. The fallow level, according to the degree of credibility, was ordered from the varty of the lane, to pass from the order of the fall and the grant, the rate of the grant was established and differentiated (Article 3 of the Law of the Russian Federation on December 12, 1991 "About the tax from the lane, to pass from the order of the fall from the grant").

The importance for the legal regime of the lane, which lies on the right of authority for a bulky man, may be manifested by some non-proprietary utrimantsiv (div., for example, Art. 1148 of the Central Committee), as well as yoga friendship (div., For example, Art. 1150 of the Central Committee). At times, the presumption of joint power of friends is established (Article 34 of the UK).

Only a physical person can victoriously earnestly on the right to power of mine (increase the eligibility of currying) for other, family and other similar purposes. Obviously, the law does not defend neither the state, nor the legal person of the mother on the right of authority, let's say, a table service, but only a physical person can victorious for direct recognition - for the sake of it.

The crime of special features is worthy of the right of authority, which belongs to all physical persons, such specificity is manifested in the fallowing of other features of these subjects of public law.

We should designate that it is the main differentiation of the right of power in a fallow way, which is a physical person as a citizen of the Russian Federation, as a special person without complacency as a foreign compatriot. For example, to foreign citizens those persons without community cannot lie on the right of power of land plots from the lands of a strong subdarskogo recognition, as well as land plots that are located on the cordon territories, the transfer of which is established by the President of the Russian Federation in accordance with the federal legislation on the Sovereign Cordon of the Russian Federation, and on other especially up to federal laws (clause 3, article 15 of the Land Code).

Possibility of Volodymyr on the right of vlasnosti zgіdno zі st. 18 of the Central Committee, to enter until the rights of the hulks, prote nabuttya and the rights of power from the okremih substav, as well as the obligation of the powers of the volodinnya, corystuvannya and especially the order to lie down already in the obsyagu of the powers of the gromadyan.

The law is standing by Zitkі Interi Schodo Zdіysnenna Right Vlasnostі, pіdstavi for yogo Viknunnya, Tu Diendantsiєyuє Oksyagnaya Majanovo Vіdpovіdalnostі соодное новодновітніх віка від 14 to 18 Rockіv (Art. 26 Central Committee), Malolitіt (Art. 28 Central Committee), and Torzhnikh , peredbachenih by law, pіd opіkoyu аbo pіkluvannyam (st. st. 29 - 33, 37, 38, 41 and ін, div. also ch. 5 pіdruchnik). In addition, a hulk can be recognized without a trace in the daytime, which is impossible for other subjects of civil law.

2. Peculiarities of establishing the right of power over stateless creatures

2.1 Ways to gain the right to power

In some ways, the vindication of the right of power is: nabuttya of the right of power to a newly created speech (clause 1 of article 218 of the Central Committee), the introduction of the power of infamous speeches (art. 221 of the Central Committee), knowledge (art. 227-229 of the Central Committee), belongings (art. 233 Central Committee), prescriptive period (Article 234 of the Central Committee). Before the pochatkovyh one can see other practical ways, for example, adding stateless speeches and reckless creatures (Articles 225 and 230 of the Central Committee).

Pokhіdnі ways of viniknennya rights vlasnosti rіznomanіtnіshі. The most expanded and important is the transfer of power by virtue of the contract (purchase and sale, mini, gift), and at the time of the death of a hulk, the transfer of power from the order of the fall of the lane.

Until later methods of violating the right of power, nationalization (clause 2 of article 235 of the Central Committee), privatization (art. 217 of the Central Committee), stryagnennia on the mayno of the vlasnik for yoga goiter (Article 237 of the Central Committee), requisition (Article 242 of the Central Committee) ), Confiscation (Article 243 of the Central Committee), the redemption of an indestructible and a fragile lane by a power (Articles 239, 240 of the Central Committee).

In the framework of this category of global characteristics of the primary and secondary methods of gaining moisture, we will call the methods of primordial significant particularity. First of all, the stench may be different legal substantiations: law, ordering acts of sovereign and municipal bodies, civil law grounds, moreover, with a different actual warehouse. In another way, authority is based on the most legal mechanism for transferring the right to power at the time of vindication, which will be discussed later.

Until the beginning of the methods of nabuttya, the rights of power can be seen:

1. The granting of the right of power to a new river by the creator, just like that, to the fruit, the products that come from victorious lane, and in a normal and broader way, the vindication of power is recognized by the right for the mind that the acts of law were imposed on pre-trimandated laws (st. 218, 136 of the Central Committee), tobto. є lawful and do not violate the rights of third parties.

Under the hour of creating a new speech by way of processing other people's materials, the right of authority is reserved for the master of materials. Prote yakshcho the quality of the processing is now changing the quality of the materials, the right of power to a new rіch nabuvaє sumlynnogo pererobnik, goiter-related wind blowing the varity of vikoristanyh materials (clause 1, article 220 of the Central Committee).

2. Knowledge - to achieve a wider life phenomenon and require legal regulation. Vіdpovіdno up to paragraph 1 of Art. 227 of the Central Committee, whoever knows the river goiter, informally talk about this distinguished person and turn it into a river.

Speech, known from the occupant of the transport, pіdlyagaє zdachi їkh vlasnik. In times of ambiguity of the situation about the knowledge, it may be declared to the police body or to the police self-regulation.

The one who knows the river, may have the right to take away from himself the vodshkoduvannyam necessary for the connection with the cim vitrate and can apply for a wine city for the knowledge in the amount of up to 20% of the vartost of the found speech.

In case of any fault, you carried the cost of spending either a little knowledge, or even less in time, or rude negligence in the middle of the wart of speech.

As if for 6 months from the moment of declaring about the knowledge of the speech person, encouraged to take away the knowledge of the river, it will not be installed, who knows the river gains the right to power over her, and the time of the voice is known to reach the municipality. A similar legal regulation was established for the manifestation of reckless creatures (Art. 230-232 of the Central Committee).

For bezgodarnyh speeches, if you don’t make a hairdresser, make other rules. Such speeches of guilt are accepted into the face, and through the river of the municipal body you can ask the court to recognize him for the right to power (Article 225 of the Central Committee). In these cases, it is also possible to vindicate the right to power due to statute of limitations

3. Treasure. Zaritі at the earth chi prihovanі in another way pennies chi tsіnі objects, vlasnik of which can be established by the law by spending them the right, є belongings.

Looking back at st. 233 The Central Committee of the stench should be in the power of the individual, which is to lay down the mine (dilnitsya, budova toshko), de belongings of hobbies, that individual, as if the belongings were revealed, in equal parts, as if for the sake of pleasing between them, it was not installed otherwise.

4. Nabuvachska prescription. Tsya pіdstava vyniknennya vyknennya vlasnіstі vlasnosti є pіvnyаn іnstitute vіtchiznânogo tsivіlnogo prava, provodzhenim legislаtіv pro vlasnіstі vlasnіє є rokіv 90's. XX Art. The advent of old age usuvaet non-significance, which is often aggravated, in the legal power of the lane and protects the rights of the summed lord of such a lane.

Vіdpovіdno up to paragraph 1 of Art. 234 of the Central Committee, a gromadian is either a legal person, as if he is not a ruler of the lane, but summarily, he wielded it without interruption, as if with his own unshakable lane, 15 years, or another 5 years, gaining the right to power on the main (pridbalna).

Zastosuvannya nabuvalnogo prescription vmagaє dotrimannya low at st. 234 Central Committee of minds. This is the end of the ending of the 5-fold or 15-fold term designated in the law, moreover, before the new one, the hour of the volodinny of the individual may arrive, the offender of which is sent to the presence of the statute of limitations. The very volodinnya, who creates the right of power, can be, as it is said in the law, summative, victorious and uninterrupted, moreover, it’s self-sufficient, as if it were your own power lane. The burden of proof is carried by the person, as if they are relying on the presence of a nabuval prescription.

Before the worst ways, the rights of power will come to the fore:

1. Nabuttya rights of power behind the contract. In the midst of the worst methods of vindication of power in the first month, for the width and breadth of it, it may be possible to put a contract of purchase and sale, and other things please, as if for its recognition, directing to the transfer of the right of power (mina, gift). Vinication of the right of power can take place and through other agreements, if you can think of other goals, but avenge your mind about the change of lane.

At times on the cob of market money, privatization has become especially important for the economic life of our state; It is charged on the basis of a purchase and sale agreement, about which there is a direct statement from the Law on the privatization of the sovereign and municipal lane (Article 18, etc.).

2. Falling lane. What is worth the death of a hulk, the decline of the lane is possible in different legal forms: behind a commandment, according to the law, it’s like a commandment is put together, like the decline of a huge lane by a power, if it’s a slowdown in the day. The reason for the vindication of the right of power, the most important legal features, is regulated by the norms of the spadkovy law (part third of the DC).

3. Other suggestions They are the requisitioning of the mayn of the vlasnik by the power of those other persons, the requisition and confiscation of the mayn, which create the figure of the new vlasnik. However, in these cases, the legally important aspect is not the vindication, but the attachment of the right to power.

2.2 Nabutya the right of power on the objects of the creaturely world

Novitsky at his assistant "Roman Law" declares that "The lands are near Rome, and then - the Italians, so it is like a slave and thinness, which served for the cultivation of the land, were the most important in the state of the Roman peasant, were the main workers. the names of the most important speeches were called mancipated (res mancipi). This term is similar to the words manus - hand that capio - I take, prote, as can be seen from the names of the categories res manicipi, it is impossible to say what these words are, they can be taken to hand; manu capere meant "to drink with your own hand", svailno; maybe, in the most distant hour, there was a one-sided choking of these speeches. The rest of the speeches, the crime of re-experiencing, were called non-mancipations (res nec mancipi).

In Denmark, according to the Federal Law of April 24, 1995 “About Creatures” (Article 1), the object of creatures is the organism of creatures (wild creatures) or their population. Objects of the creaturely world (wild creatures) in the natural environment are found exclusively in the sovereign power of the Russian Federation, or in other subjects. At private authority, only wild creatures can be taken care of, they are examined from dovkilly in the established order. So, apparently up to Art. 221 of the Central Committee (“Vlasnennya vlasnіst speeches accessible to the selection”) in cases, if it is legally allowed to produce booths of publicly accessible speeches and creatures, the right to access to public speeches is acquired by a person, as he or she decided to select or select booths.

In private power, domestic creatures (guts, dogs, tribal, dairy and working thinness, deer, rabbits), birds, bjoli can also be taken care of.

Vіdpovіdno to st. 137 of the Central Committee before the creatures zastosovyutsya zagalnі rules of civil legislation about mines, oskolki by law chi other legal acts are not established otherwise. Zocrema, with the right of power in place, it is not allowed to have any reason to deal with creatures that are superficial to the principles of humanity.

In vipadkah, if the sack of domestic creatures turns against them with a clear violation of the rules and the norms of the humane setting adopted by the court to the creatures, these creatures can be sued by the sack of the house with a special way, for example, they showed evidence of vimoga before the court. The price of the voucher is determined by the favor of the parties, and if there is a dispute - by the court (Article 241 of the DC).

Vrakhovuyuchi, scho home creatures, like stupefied without sight, can perish without eating or become unsafe for the restless, the law (Art. 230-232 of the Central Committee) establishes special rules for gaining the right of power on careless domestic creatures. The person, as if she had hung over the reckless creature, turned the goiter to the sackmaster, and as the sackmaster was invisible, for 3 days from the moment of zatrimannya, remember about the police or the organ of the mystic self-regulation, as if they live by going to the sack of the hairdresser. As if for 6 months, from the moment such an announcement was made by the sergeant, there would be no manifestations, then the person, with which the creature had changed for the morning, in coristuvanni, gained the right to power over her. At different times, individuals in the presence of creatures in the power of the stench should be in the municipal authority and victorious in the order that they are recognized by the bodies of the local self-regulation. At the time of the appearance of a large sackmaster after the transfer of creatures to the power of another individual, a large sackman may have the right for the obviousness of the situation, to tell about saving up to a new frailty from the side of these creatures, but about the zhorstoke chi, it’s not necessary to cause a new sackman to be with them, vyznachayutsya for the sake of the new ruler, and if you reach the favor - by the court.

At the time of turning the reckless domestic creatures to the hairdresser, a person, as if she caught the creature, that person, who stinked at the stench on the morning and at the coristuvanni, may have the right to wimagati at the hairdresser the necessary vitrates, tied from the morning creatures, from the hall of berries, twisted into them . Krym tsgogo, the person, as she knew the reckless creature, has the right to a winegrower in the amount of up to 20% of the vartost.

Wshutdown

Otzhe, as you knew the lordless creature, the lord of the nevedomy, then zgіdno z rosіyskomu legislature vzobov'yazanі:

1. For a period of three days, declare your appointment to the police or the body of the police self-registration (municipality) (part 1 of article 230 of the DC of the Russian Federation).

2. You have the right to keep yoga at home for the time being, but if it’s not easy for you, you can have the right to win at the police, or in the body of the local self-regulation, so that the stench will give you help in the joke of an individual, with which creature could live for an hour poshukiv lord ( part 2 of article 230 of the Central Committee of the Russian Federation).

3. If you have lied to deprive yourself of the creature, then at the time of death, or psuvannya, for you, the sum can be pulled together in the boundaries of її vartosti. (Part 3, Article 230 of the Civil Code of the Russian Federation).

4. The police, or the organ of the local self-regulation, where you declared about the found creature, goiter and shukati її lord for a stretch of 6 months. (Part 1, Article 231 of the Civil Code of the Russian Federation).

5. Through pіvroku you can officially become the master of the creature, as if you do not know your master.

6. If you don’t want to become the ruler of a creature, then, according to the law, you won’t “be in municipal power and victorious in order, which is designated as the body of the mystic self-regulation”.

7. How much more master of the creature will appear after the end of the six-month term, if you already become your authority, then you will have the right to win back only for the obviousness of one mind from two minds:

a) prove your zhorstoy reason with the creature;

b) "the presence of the situation, as if to say about the protection of the good friendliness from the side of the creature" (part 2 of article 231 of the DC of the Russian Federation).

8. You have the right to win over the owner of the wine-grower from the expansion of up to 20% of the vineyard (Part 2, Article 229 of the Central Committee of Ukraine).

Yakshcho primus vikup of creatures in times of zhorstogo chi nezalezhennya with them zdiisnyuєtsya for zagalnymi rules, vstanovlenii art. 241, then we chose the new sack of the creature, which saved the prihilnist to the colossal sack, and by an independent representation of the right of authority without the will of the sack, we will not transfer directly Art. 235, what my glance would have seen. At zv'yazku z tsim vvazhu for the need to send p. 3 at Art. 231 Nabutya the right of power on the careless creatures. I pronounce yoga viklasti in the offensive editorial: “I’m presenting the resurrection of the power of the power of the great ruler of the reckless creature and the zhorstoke of the new ruler of the creature”

List of victorious literature

1. Constitution of the Russian Federation. - M: TK Velby. 2007. - 56s.

2. Civil Code of the Russian Federation (part of the Persian) dated November 30, 1994 51-FZ (adopted by the State Duma Federal Assembly of the Russian Federation on October 21, 1994) (as amended on December 30, 2008) / UPS Consultant Plus

3. Federal law dated December 13, 1996 N 150-FZ "About armor" (with іzm. І add.) / / UPS Consultant plus

4. Federal law dated April 24, 2002 N 101-ФЗ "On the turnover of lands of agricultural status" // Verkhovna Vydomost. 2002. N 30. Art. 3018.

5. Law of the Russian Federation dated 9 July 1992 "About currency regulation and currency control" (z іm. І add.) / / UPS Consultant plus

6. Law of the Russian Federation dated April 15, 1993 "On the importation and importation of cultural values" (VPS RF. 1993. N 20. Art. 718) / / UPS Consultant Plus.

7. Anisimov A.P., Kopilov D.E., Mokhov A.A. The legal regime of creatures as objects of civil and other legal rights // Modern law. - M: New Index, 2007, No. 4. - S. 93-98

8. Venediktov A.V. Sovereign socialist power. - M: Nauka.1999. - 834s.

9. Gasnikov K.D. Creatures as an object of civil rights // Legislation and economics. 2002. No. 12. pp.17-19.

10. Civil law: Pdruchnik. Volume I / Ed. doctor of legal sciences, professor O.M. Sadikova. - M.: Legal firm "CONTRACT": "INFRA-M", 2006. - P.288.

11. Civil law. Ruzakova O.A.M.: MFPA, 2004. - 422 p.

12. Civil law of the Russian Federation. Zenin I.A. - M: MMIEIFP, 2003. - 421 p.

13. Civil law. In 2 volumes. T.1. For red. Sukhanova O.O. 2nd view., Rev. that dod. - M: Wolters Kluver, 2005.

14. Civil law. In three volumes. For red. Sergeeva A.P., Tolstoy Yu.K. 4th view., Rev. that dod. - M: Prospect, 2005.

15. Grudtsina L.Yu., Spektor A.A. Civil law of Russia: A handyman for cherries. - M: ZAT Justicinform, 2008.

16. Mozolin V.P. The right of power in the Russian Federation under the hour of the market economy. pp. 84 - 85.

17. Omelchenko O.O. Roman law: Pdruchnik. Seen by a friend, corrected that additionally. - M.: TON - Ostozhye, 2000

18. Novitsky I.B. Roman right. Assistant for VNZ. - 3rd view. dod. that overhaul. - M: INFRA-M. 2004.

Placed on Allbest.ru

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