Revival of the institute of non-violence in the Russian civil law stimulates the emergence of achievements attributed to this civil law phenomenon.
All those problems, which are generated by the practice of commercial practice in the sphere of commercial indestructibility, by the volume of living indestructibility, as well as by ship-arbitration practice, pose a threat to understanding indestructibility. Being a fundamental civil-legal category, the understanding of non-violence is the basis of the entire system of law of non-violence, legal regulation of favors from non-violent lanes. The proteo-economic sense of non-violence is most often developed by innovative legal solutions, which are accepted by the legislator. It is obvious that the shortcomings of the legal mandate of indestructibility cause problems in law enforcement practice and have a negative impact on civil circulation. It is hardly possible to talk about those who today understand the indestructibility, formulated in the Civil Code of Ukraine, freely in the short term.
In one of the remaining interpretations of Russian legislation, inviolability took the following definition: zgіdno z p. 1 tbsp. 130 of the Central Committee until unruly speeches (non-destructive lane, non-violent bridges) one can see land plots, land plots, water objects, water objects and everything that is mitzno pov'azane from the earth, that objects, moving them without impossibility of shkoda, is recognized as impossible number of lisu, bugatorical plantings, budіvlі, spores. In addition, zgidno z p. 1 Art. 132 The Central Committee recognizes the unruliness of the undertaking as a mining complex. So, before the indestructible speech, it is confirmed to the Federal Law “On the Association of Vlasniks of Life”3 that a condominium is introduced as a single complex of an indestructible lane, which includes a land plot near the established boundaries and roztashovana on a non-violent life, and other objects of indestructibility.
It should be noted that the self-sufficient dispute is seen as unruly (clause 1, article 222 of the Central Committee). The prote legislator does not apply this term to the basic understanding of unruliness. Tlumachennya zaznachennoї normi allows you to diti nevtіshnoy vysnovku at the fact that the term "life" is a generic term for piece creations (although with violations of the established order) on the land distribution of non-robust objects.
A definition was appointed to come out of three priyomas, vikoristanih by the legislator of the introduction of a cryptic understanding:
Like Bachimo, all designated groups of objects of indestructibility do not merge among themselves, be some kind of blatant sign. To find the first and the other group of objects at the closest sight, they do not think of significant signs, the shards, as in the first group of objects, are found in such objects, as they are fundamentally non-relocating (land plots), then in another group - objects that are relocated in principle, it is possible, if you want to sign inconspicuous battles of their recognition (foxes, plantings, buddies, spores). Varto designate what modern technologies in certain vipadkas, they allow moving foxes, plantings, buddies, spores without undermining the essence of shkoda's recognition. More than that, for singing minds, a group of objects can be transformed at a ruhome maino (for example, when hiring a forest for sales or selling budіvlі for budіvelnі materials).
The third group in the legal definition is composed of objects, yaks, navpaks, є rumbosity, moreover, rottingness in the literal meaning of the word: the functional recognition of these objects in the field itself is displaced in space. A group of non-violence is assigned not to go with the first two groups to instill such a sign, like a link from land plots, so that sign, as it allows you to talk about non-violence behind nature, or about non-violence through non-robustness from land plots.
In this rank, the mere appointment of three appointed groups does not give the opportunity to see flash signs subjects, how to establish a legal regime of non-violence. That’s why he allows his call to grow whiskers in those who understand the unruliness, the sign of this phenomenon is marked with a path, and the sign of a given manifestation is marked with a path, and their retelling, guiding the application of unruly speeches, is marked with a path. The opinion about the possibility of a clear designation of the objects of an unbreakable lane is not only theoretical, but also practical.
This problem is especially poignant in connection with the fact that the understanding of roaring speeches is formulated according to a superfluous principle (everything that is not indestructible is roaring mine). At the same time, a clear intermediary understanding of non-rumbness has been established for the help of such a reception, like a vinnyatka іz usієї sukupnostі ob'єїї ob'ektіv civil rights of rukhomi speeches, it is also impossible, the oskolki of comprehension of "ruhomih speeches" is not designated by the legislator.
All indications of the designation of objects of non-violence do not give any indications of signs that are dangerous for them, which allow them to be correctly combined into one understanding. The only sign that gives birth to qi objects is their indistinct link from the earth like a spacious territory, to be known beyond the boundaries of the guidance of legislative definitions (vintage of opinions from the Central Committee).
Such a rank, to read the non -burly, the spoc - to lie in the lawsuits of Vozno, the same, the same, the deputy navigated, the cychetic turnover, yak naslіdok, is not highly at the same time, the right time is the right time. turnover in por_vnyannі z turnover ruhomih for the nature of speeches. The very specificity of the object itself (irregularity) objectively influences the specifics of the organization of the first turnover, but not the specificity of the turnover signifies the specificity of the object of legal regulation.
Well, the situation is pulling behind you, the need to endow with the regime of non-viability of all the objects of civil law imposed from the earth. Їhnіy sv'yazok іz zemlyankami maє nastіlki suttєviy z ekonomіchnogo poeznі character, scho pulling after him the emergence of such a legal term, yak "unexplained zv'yazok іz zemle".
Star, the basics of the Basics of Law Defіnitsії is non -Ruhomosti, the fundamental yakost of such specifics, yak land (land dilani), I am incorrectly aware of the non -war of the sophistication of the people. The very objectivity of natural authority determines the differentiation of rough and rough speeches as a consequence of the need for a different legal regulation of their turnover, a different legal regime in the basic legal order. Ce, obviously, does not mean an underestimation of the legal criterion for the designation of unruliness - the state registration of rights to it. However, in this case, one should speak more about the unrecognizable unity of economic and legal criteria, for the help of such unruly ones, it may be recognized as a specific object of civil law.
At that very hour of difference, you see the indestructible lane of varying legal regimes, unequal minds of civil and legal turnover. Look at the necessity of the sovereign registration of speech rights to the unbreakable lane and operations from it, see the unbroken speeches delivered in different legal minds. Tse pov'yazano, let's think, about those who, because of the designation of the generic concept of non-violence, the legislator, having seen the lane in a different way, yak may have the same ob'ektivnyh substations for entry into the system for one classifica- tion mark.
The analysis of the dignified legislation is to note about those that the legal regime of the whole set of unruly speeches is not uniform. Іsnuyut vіdminnostі vіdminnostі v regulivannі legal regime different types indestructibility. Particularly commemorate vіdmіnnostі in the regulation of non-violent speeches, yakі є by virtue of their natural authority, і tim unruly lane, yak maє status neruhomostі by virtue of the law.
By itself, by virtue of natural authorities, as if it were possible to make unruly speeches, designated as such by virtue of the law, it is impossible to implement these principles, such as the order of regulation of speeches that are unruly by nature
inviolability mine right civility
Today, the objects of civil rights are the blessings of material and non-material nature, where there are developed in the form of legal rights. What does it mean? What is the main classification of what food? What are the current problems caused by mine complexes? On qі and іnshі nutrition, you can know the vіdpovіdі at the process of breeding qієї statі.
Yak z'yasuvalosya, mine is the object of mine's rights. How does one define this term civil legislation? Vіdpovіdno up to article 128 of the Civil Code of the Russian Federation, based on certain types of civil rights: speeches, including pennies and valuable papers; other mining complexes, including mining rights; robots and services; information (like intellectual power); intangible benefits.
From the designated translation, those who use the term, which is considered, have the most wide meaning, slur speech, rights of the main type and, obviously, similar to the type of obov'yazki. Why is it so important to designate a term that is relevant to the article competently at the exact same time as specific legal terms? On the right, in the fact that it has a chosen character, it is the most diverse in its warehouse.
Today, it can be interpreted as one rіch, so it is like a sukupnіst. In this manner, in Articles 301-303, as well as 305 of the Central Committee of Ukraine, they convey to us the methods of defending the rights of power and other rights of speech nature, inducing cіkavі facts. Understanding myna privnyuєtsya to the speech or the singing of a number of speeches, like a vibula from the Volodymyr of the Volodymyr without intermediary chi іndivіda, endowed with the right to dovіchny Volodinnya by virtue of the adoption of the court, the gospodaryuvannya or the administration, less often the blame of these main complexes from someone else's Volodinnya.
In a different meaning, the term, which is seen in the statute, also expands in the speech of the main law. For example, at clause 63 of Article 63 of the DC of the Russian Federation, it may be necessary to liquidate a legal entity, as it is implemented in accordance with the rules of public auctions, including speeches and mine rights. Understanding myna it is appointed by a similar rank, if there is a question about the validity of the subject of the gospodaryuvannya for his goiter before the creditors of all mining complexes, as if he should lie on the rights of speech nature. It is important to add that the rest of the example can be directly related to such a sphere of civil legislation, like the law of the goiter's nature.
It is a lawful practice to talk about those that nourish the understanding of indestructibility on this day, so it will still require serious interpretation, both from a scientific and legislative plan. Nasampered similar claim pov'azana without exception s singleness, having looked at the theory, that there are signs that form the basis of the term, the criteria for the introduction of any kind of main difference to the unbreakable thinly. So, for a long time now, there have been figures on the sides of science and legal topics. I just can’t look at the interpretation of this understanding for today. Really, it's not that scary. Zhakha those who do not understand the criteria, which they sign without intermediary.
Vitchiznyanі vchenі vychayat ponyattya nerukhomosti yak suupnistnost ob'ektiv, operations z relocating those without visible Shkoda shodo їh recognition are included, and navit іnshі ob'єkti, yakі lie to the unruly lane at the sight of direct introduction of legislation. So, in the present, an unruly lane is known, for example,: land plots, nadr, arguably that life, as well as a ship of a well-worn sea recognition. Based on the foregoing, it should be noted that today's resilience in civil law is the most important aspect of legal science in general.
Vіdpovіdno to rosіyskogo tsivіlnogo prava, priynyati mineno on ruhome i nerahome. Another paragraph of Article 130 of the DC of the Russian Federation to rukhomih main complexes included absolutely all speeches, zokrema pennies the same price of paper, yakі not є neruhomistyu. Apparently, up to the sacramental rule, the rights are not registered on the Rukhoma, as another procedure is not transferred by legislation.
The law can establish a registration that confirms the right to. As a rule, given practice for the sake of a hundred and fifty sights of rough speeches, it is appropriate to point to another article 164 of the Central Committee of Ukraine. Let's use it as a butt for this, but we can make a difference in terms of the turnover of speech. Only one registration act plays a right-restoring role, and instills the reality of pleasing from these objects. I would like to register not varto rogue with technical, apparently to the extent that, for example, vehicles are registered, or bril for the shooter. Vaughn vplivaє vikljuchno on zdіysnennya singing rights Gromadyanskogo character, but not on їх molding, dopovnennya or zovsim.
According to article 130 of the Civil Code of the Russian Federation, there are acts of an indestructible character:
As it was stated, the remaining category of an improper rank can cause unfavorable consequences. Practice shows that the introduction of the main complexes in the first and the other grouped indestructibility, as a rule, does not cause great difficulties. It is problematic to carry out similar operations for the third group on this day and give birth to a large amount of food. It is clear that up to article 130 of the DC of the Russian Federation, as a qualifying sign of an unbreakable lane, to serve as an exclusive link to the ground, which should be of a militant nature, as well as the impossibility of changing the locality of other objects at the link with their recognition.
Why is it so difficult to separate? The right thing is that the problem of the spirituality of the connection between the object and the earth does not violate the principles of their order. The rest is a solution for us to lie down in the face of the situation with a hundred-seven skin condition.
In the Federal Law, it is said about mine that in order to describe the grouping in the context of the mass connection without intermediary with the earth and the movement of objects with the current non-gloominess of the shkoda, the direct recognition of the following is a sign of the assessment of the main complexes yak:
Today, legislative acts do not classify the object as unruliness. So, it is necessary to see certain criteria for bringing the introduction of the main complexes to non-violent ones, among the main ones - the land (an indistinct link between them).
So, in the literature of a legal nature, two main provisions are seen to be different. It is one thing to talk about those who feed the unbreakable lane є juridical, not factual. Vitryansky V.V. has a different thought: in order to recognize the river unharmed, it’s necessary to have a little more than a court of justice with any land lot, that inclusion of moving without an unfortunate shkoda to an unbiased recognition. It should be noted that the provision about the connection of the police character is impossible to be fooled by a clerk for an hour. The Civil Code of the Russian Federation, which regulates the institute of non-violence, does not include an indication of the temporal temporal frequency. Even so, in the process of law enforcement practice, the norms of public law prevail in the process of solving the problem of public law, as it is unequivocal that they cannot be recognized as the objects of unruliness, independently of the quality of their communication without a middle ground.
Crim of an indistinct link between the earth and the object of indestructibility, today we have such criteria for bringing the lane to indestructibility:
How z'yasuvalosya, neruhoma mine occupies a special position of civility. Vіdpovidno up to the norms of current legislation Russian Federation the following positions are seen to the point of unruliness:
Civil law; pіdpriєmnitske right; family right; international private law
DOI 10.24411/2073-3313-2019-10342
INVINCIBILITY AS AN OBJECT OF HROMADYANSK LAW IN THE MIND OF REFORMING GROMADYANSK LEGISLATION
Oleksandr Oleksandrovich DARKOV, Associate Professor of the Department of Civil Law, Civil and Arbitration Procedure of the Sovereign University of Land Management, Vice-President of the Russian Law Club, Candidate of Law E-mail: [email protected]
Science specialty: 12.00.03 - civil law; pіdpriєmnitske right;
family right; international private law
Abstract. Forming processes in Russia new economic legal basis vzaimodії pripriєmtsіv, vzaimoditіv organіv vladimir i structures gromads'kogo kontrol', kazh razroprodzhennya yakіsno novії sistema іnіnіstrіvіnі administrаtіvnіnі regulіvіvannіnі іnіїmіkіvіnіkі іnіkії zіvlyuyut hot need complex modernization ії legal regulation.
Narukhom Mino, all the yogo vision, traditional є є є ’meaning okivo-legal reguluvanniya, a lot of private, in the minds of the reform of the tsyda monitoring of the post-rations of the vicinity of the vicinity of the vice
With all the intellectual efficiency of these changes, there is a change of both traditional, and innovative Russian and foreign dosvidu of civil and legal regulation.
Key words: lawmaking, public law, unruliness.
Abstract. The process of forming in Russia a new economic and social basis for cooperation entrepreneurs, representatives of public authorities and structures of public control, and development and implementation of qualificatively new system of elements of administrative regulation of economy management show critical need for complex modernization of legal regulation.
The right features, and all types, are traditionally replaced by the most important objects of civil regulation, they may have a significant investment potential, as in the context of the reform of civil power, it seems that it will require a permanent relocation of civil law-violence and right-violence in the components of the field of violence of civil transactions with real property.
At the same time, despite the traditional and innovative Russian and foreign practices of civil regulation and the mental efficiency of these changes.
Keywords: create law, civil law, real power.
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The characteristic of an unbreakable lane as an object of civil law becomes a significant interest from the standpoint of the science of public law. The most important value maє won and from the position of legal regulation, the fragments of the objects of regulation are vіdіznyayutsya vignatkovy roses.
Meta tsієї statti - present a description of the legal state of an indestructible lane. Such a characteristic is actualized by the fact that the reform of the civil legislation of the land has been completed.
What is the meaning of "unruthfulness", "unruly mine" in today's minds?
Nerukhome maino (nerukhomist) is one of the external institutions of civil law, public turnover, and the commodity market. From the global classification of speeches to the civilized right, they are shrill: unruly speeches are constantly rebuked by the same mistress, there may be individual signs, є dilyachim and irreplaceable. At that very hour, from a glance of the right, unruliness is a category that has a significant subjective character.
The legal meaning of the speeches on the roam and the undim will appear from the establishment for them, apparently, of a different legal regime.
Significantly, in accordance with the norms of Articles 164, 223 of the Central Committee of Ukraine, the power of authority is brought to the fore in a non-violent state of affairs;
When the right of power is given to unruly and rough, stateless speeches and speeches, in the light of which the ruler was moved, a different order of regulation is transferred. Mortgage may be established on an exclusive basis through unruly speeches.
Let's go back to the conceptual apparatus, fixed by the norms of the Central Committee of Ukraine. Vіdpovіdno up to paragraph 1 of Art. 130 of the DC of the Russian Federation “until unruly speeches (non-rukhome mine, unruly) one can see land plots, land plots, and everything that is mitzno pov'yazane from the earth, tobto. Objects that have been moved without an unexpected shkodi cannot be recognized as impossible, including life, arguably, objects of unfinished life. Before the unruly speeches, one can also remember those seamen who send the state registration.
ships, inland navigation vessels, space objects. By the law, before unruly speeches, it can be introduced and even more miney”1.
As it is obvious from the purpose of non-violence, the legislator submits two types of non-violent speeches: speeches, non-violent from their nature, and speeches, introduced to non-violent ones from the law, tobto. speeches recognized by such laws. At their heart, speeches, unruly by virtue of their nature, are divided into the following categories:
a) land plots;
b) dilyanki overhead, tobto. objects, scho to become a single goal from land plots;
c) objects, inconspicuously tied up with the ground, moving those without an indisputable shkoda to their recognition is impossible (for example, foxes, bagatoric plantings, wakes, spores).
V.V. Vitryansky signifies that, according to the Civil Code of the Russian Federation, the basic concept of “nerukhoma rich” (nerukhoma mine), it’s true to speak not about the single object of non-violence (as an object of civil rights), but about the category of non-violent myna.
■ unruly speeches behind their natural powers: land plots, land plots;
■ unruliness behind the sign of an indistinct physical and legal connection with the earth: budіvlі, arguing and іnshі ob'єkti, movіshchennya yakіh without nevіdpovidnyh zbitkіv nemozhliva;
■ inviolability behind the law: check that
marine vessels, inland navigation vessels, space objects;
■ inviolability, introduced by other laws to such: subprincipality, main complexes, which are victorious at the subpriyemnitsky activity, yakі include like ruhome, so neruhome mine, vikoristanya of such a suborder of the single state met; living quarters; condominium-nimumi; objects of unfinished life2.
The legal regimes of various species of the indestructible lane are characterized by a significant number of features. The most important of them are as follows:
1. The right of power and other speech rights to non-violent speech, the exchange of these rights, their vindication, the transition and attachment to state registration.
2. Іsnuє obezzhennya of the rights of vikoristanny of land plots, shards of the right to
LAW AND RIGHT 08-2019
the houses under the placement of objects by them, which are supposed to lie with the owners of an unruly lane (for example, for the reasons assigned to Art. 35 of the Land Code of the Russian Federation; they are regulated in the interests of the public by various normative acts)3. Article 1 of the Land Code of the Russian Federation establishes the principle of the unity of the share of land plots and the objects that are legally related to them, zgіdno z yakim “must be legally connected with the land plots of the objects to go to the shares of land plots, for the vinjatkіv, established by federal laws”4 .
3. Vіdpovіdno up to the implicit rule established by the DC of the Russian Federation, which is not yet transferred by the agreement on the transfer of budіvl or arguably, before the start, to transfer the right of power to that part of the land plot, as it is occupied by budіvlei (spora) and is necessary for її vikoristannya)5. Judasm of the MaterIALIV practice, under the Kupvli Budovly, Shcho is known on the land, Sho, not to come in sellers on the right of the sovereign, buying the rights of the coronet to the land, the yak is not the same for the same time for the same way. unless otherwise authorized by law.
On this day, with the improvement of the completion of the stage of the fundamental reform of the civil legislation, which was launched in 2012, it is possible to create such a framework for a conceptual apparatus in the sphere of non-violence:
1. The designation of the unruly speech, which is included in the Civil Code of Ukraine, is unlikely to require revision.
2. Foxes, bugatorical plantings, water-kremlin water objects are already included in the list of indestructibility.
3. To the list of non-violent objects of the codified civil law, an additional act was added to the complex of the non-violent lane, the place (living and non-living).
Analyzing the concept of "unruly", based on certain peculiarities, it is necessary to understand "non-living accommodation" and "living accommodation".
The legislature has appointed non-residential accommodation for a day.
On the thought of V.V. Vitryansky, the only variant of this form is a systematic analysis of the norms of legislation. “Nezhitlove appropriation - the same appropriation, as if victorious for life, tobto. that is not living and not seen before. Zhitlove appropriation, as you sing out of the Zhitlovy code
Russian Federation, recognition of the residence of the population; non-living appropriation - tse appropriation, victorious for virobnitstva, gospodarska diyalnist just"6.
In this rank, in this hour, one can see unsupported superchicks about those who are uninhabited by independent objects of indestructibility, which can be objects of pleasure, in addition to the lease agreement.
You can come in handy with such a point of dawn: “In our opinion, non-living places must be classified into those, which can be objects of pleasure, among them orendi, and those, which cannot act like such”7. You can wait for the exact dawn.
The appointment of a living accommodation is located at the station. 6 LCD RF. “Living dwellings are recognized as isolated accommodation, as an indestructible mine and appendage for the permanent living of the inhabitants (we establish sanitary and technical rules and norms, other powers of legislation)”8. The report on the classification of living quarters will be reviewed below.
Before the objects of non-violence one can see also other objects, the movement of which is impossible without an inconspicuous shkoda recognition. Before other objects, you can include objects of unfinished life, as of September 1, 2005. vvazhayutsya objects of indestructibility.
About undertakings like objects, which lie up to unruly speeches, can be found in paragraph 1 of Art. 132 Central Committee of Ukraine. At whom the undertaking is accepted as a main complex. Vіdpovіdno to st. 134 of the Civil Code of the Russian Federation, the main complexes are considered to be folded speeches, which can be used for non-ruh and rough speeches.
Before the speeches, recognized by the law as unruly, one can see that sea vessels, ships of inland navigation, space objects (lethal aparati, crushed and launched into space by a human being) are seen. Perelik, guidance at paragraph 2 of Art. 130 of the Central Committee of Ukraine; Before this kind of unruly speeches, other objects can be introduced by law.
The most important intellectual property for the name of the objects of the legal status of non-violent speeches is the need for their state registration and registration of rights to any type of non-violent speech that pleases her. Sovereign registration of maritime vessels, inland vessels
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early navigation, as well as the rights to them, are carried out by specialized state bodies and organizations transferred by the Code of Merchant Shipping of the Russian Federation (KTM RF) and the Code of Inland Water Transport of the Russian Federation.
Significantly, that the law recognizes the unruliness of the object even differently. Stink, without a doubt, merit in the context of self-reliance, and in the context of this article, as a butt, we are less likely to judge the legal status of ships of the mixed "river - sea" swimming.
Vessels of mixed (river - sea) sailing cannot be carried to the category of sea vessels, or to the category of inland navigation vessels - this is an independent type of vessel, which is near st. 130 of the DC of the Russian Federation, as objects of indestructibility are not guessed.
However, zgіdno s abz. 2 p. 1 art. 130 of the Central Committee of Ukraine, by law, before unruly speeches, it can be introduced even more often. Vіdpovіdno to pіdp. 5 p. 1 art. 4 of the Federal Law "On the Concession Grounds" the court of zm_shany (river - sea) sailing can be seen to the object of the concession site like a non-robust mine.
Vіdpovidno up to paragraph 26 of Art. 2 of the Federal Law "On the foundations of state regulation of zvnishnotrade activity" to the court of a mixed (river - sea) navigation, included to the category "goods", carried to non-destructive.
Let's take a look at the report about the problems of classifying objects of non-viability.
The classification of the unbreakable lane was given by the legislator at clause 1 of Art. 130 of the Civil Code of the Russian Federation, de everything is divided into two main types:
■ neruhome mineo, who is so for his nature,
■ neruhome mineo, recognized by such a law.
Before the speeches, as if vvazhayutsya unruly from nature, land plots are set up, plots overhead and everything, which are wisely tied to the earth, tobto. Objects that have been moved without an unexpected shkodi cannot be recognized as impossible, including life, arguably, objects of unfinished life.
Before speeches, known by the law to be unruly, one can see that sea vessels, inland navigation vessels, space objects. Perelik, guidance at paragraph 2 of Art. 130 of the Central Committee of Ukraine; Before this kind of unruly speeches, the law can buti
vіdnesenі y іnshі objects (for example, objects that sank).
Legal science has created a large-scale classification of the indestructible lane according to different criteria. So, behind the forms of authority, unruly speeches are subdivided into:
■ private, tobto. perebuvayut at the vlasnosti hromadyan ( physical features) or at the authority of legal osib;
■ public law, tobto. yaki at the authority of public law offices.
Objects of public law power include: objects that have federal power; objects that have power of the subjects of the federation; objects that are being rebuked by the municipal authorities; mixed forms of authority, tobto. yakі have spіlnіy vlasnosti different subjects of civil law - private, public law.
According to the physical status, non-violent speeches can be subdivided into:
■ land plots;
■ delyanki overhead;
■ budіvlі ta sporudi;
■ acceptance;
■ other objects, the movement of which is impossible without an inconspicuous shkodi recognition;
■ undertakings like a mine complex, like vikoristovuyutsya for zdiyasnennya pridpriyomnitskoy activities;
■ Rough speech, yakі vіdnesenі to the category of inviolability by virtue of the law (follow those sea vessels, inland navigation vessels, space objects).
According to the nature of the state of mind and the warehouse of the Vlasniks and the coristuvachs, the unruliness (at the sight of budіvel, sporud) can be divided into:
■ housing fund - not a problem for the housing sector, which ensures the consumption of people in housing. The order of understanding of living accommodation living legislation zakrіplyuє vycherpnyy perelіk vidіv living accommodations, appointments at Art. 16 LCD RF, that yogo understand. To lie down to living quarters:
1) living house, part of a living house;
2) an apartment, part of an apartment;
3) room;
■ non-living fund - neruhome mineo, which is victorious, as a rule, with a method
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otrimannya income, tobto. pіd hіsnennya pіdpriєmnitskoї (virobnichoї, sіlskogospodarskoї і іnshої) activity.
For the nature of that purpose, victoriousness in a civilized turnover of unruly speech can be classified as:
■ inviolability, viluchenu z civil obіgu;
■ unruliness, which vikoristovuєtsya for life;
■ unruliness, which victorious in business purposes;
■ unruliness, which vikoristovuєtsya for suspіlno meaningful purposes;
■ unruliness, what can be the meaning of memorials of history and culture.
Evaluate the significance of the category "non-violence" in the minds of the development of civil law can be viewed from the standpoint of a historical and analytical review of legal regulation, moreover, as the overshoot of the reform of civil legislation can also be seen in retrospect. Let's take a look at the question: what are the main regularities in the development of the category "inviolability" in the post-traditional Russian civil society.
As a result of the formation of the institutions of the market economy, in the wake of the overworld, intensive entry into the privatization of the state and municipal lane, the viniclo of the anonymous private properties, yakі є vlasnikami budivel, budivel, disputes and other objects of non-violence. It is important that the land plots, which borrow a lot of unruliness, at that hour, as a rule, were not formed. The land (for a red wine) was deprived of sovereign power. Її privatization as an object of indestructibility zdіysnyuvala zgod.
In such a situation, Bulo is unable to forget the OBIG non-Rukhomosti, Tilki by the Budylovі, Budovli, and the dispute to the Obrezhasi of the Rights of the Rychovikh of Rights, and such a civilian, the same, As a whole, it was transferred that land plots, occupied by objects of a non-violent lane, were subject to the rule about the share of the share of designated objects: the skin of the new vlasnik, having taken the same rights from the selection of the land plot, that and the previous vlasnik.
Stopping the Civil Code of Ukraine on the way to regulate speech rights
the turnover of unruliness buv, better for everything, is only possible in this situation. But then they gave such a way, ceasing to be effective, which led to the endowment of the lords of life, budding and spores with the right to privatize landed plots, occupied by permanent objects of non-violence (Article 36 of the Labor Code of the Russian Federation).
Nadali, at the link with the development of international trade turnover, the need for unification and correction of the position of the Central Committee of the Russian Federation in order to get closer to the rules for the regulation of foreign currency under the law of the European Union. Similar trends were saved at the onset of fate, zocrema, within the framework of Russia's entry to the SOT.
Another official for the development of Russian civil law was the ability to win the Russian legislation new reach in the sphere of modernization of civil codes in some European countries (for example, a positive German report on the reform of the goiter's law in 2002). Tsya reform bula zumovlena neobhіdnіstyu realіzаtsії in natsіonalnomu prіvіnіnіnі prіvіnіnі prіvіlії aktіv evropejskogo Soyu, zokrema ЄС directives: about the purchase and sale of living goods and guarantees of their quality; about come and fight against the delays in payments to business turnover; about electronic business circulation9.
Another "turn", which marks the last stage of the development of the legal regime of indestructibility, becoming the National Project "Zhitlo" - a program for improving the life minds of the inhabitants, was announced on the 5th of December 2005. at the hearing of the President of the Russian Federation V.V. Putin with the order, the parliament and the heads of the regions within the framework of the Program of Priority National Projects.
It should be noted that serious changes in the legal regime of non-violence were called out, but the whole character of the goals and tasks declared by the upcoming regulatory acts was injected.
Spring 24, 2008 It was announced that the project would be "reformatted" to the state program, the implementation of which will be launched in 2009. Prote at the meetings For the sake of the implementation of national projects December 24, 2008 the status of the project was saved (the national project "Development of the Agro-Industrial Complex" was transferred to the State Program).
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November 30, 2012 The order of the Russian Federation, having approved the state program “Provision of accessible and comfortable living and public servants Gromadyan of the Russian Federation” for 2013 – 2020” (Order No. 2227-r dated November 30, 2012). At the text of the program, the national project "Zhytlo" is being planned as a realization since 2006. Directly, these two documents are not mutually related, although the program guesses the documents that were awarded for the implementation of the national project according to its format.
Have 2008 r. The Rada under the President of the Russian Federation, codifying and thoroughly civil legislation, developed and presented to the President of the Russian Federation propositions on how to organize work for the sake of directing further development of civil legislation, as they later knew in the Decree of the President of the Russian Federation on April 18, 2008. No. 1108 "On the completion of the Civil Code of the Russian Federation" (further - Decree No. 1108)10.
As a result, article 130 of the DC of the Russian Federation was left in a large number of editions, although in the edition of the bill adopted in the first reading, this article included rules about those that a land plot and life that belong to it, a dispute, an object of unfinished life, that lie on the rights of power of one person, are recognized as a single object that take part in the civil revolution as one unruly speech.
Norms, which are included before the text of Art. 130 of the Central Committee of Ukraine, called on the legislators to fix the provisions that were formed both in doctrine and in judicial practice. For example, in 2005 pіd hour pіdgotovki resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation on 24 March 2005 p. No. 11 “About the deeds of Pannnya, I have reached the gaps of land” to the yogo text Bulo includes Rosa'annnya, zgiyu to the rejuvenation, the will of the Storain of the Yaki Yaki on the Vidchuzhennya Budovli, Budovlovі, the sprays without the land of the land objects of non-viability, which are located on it, like a land plot that is planted on the object of non-viability, lie on the right of authority of one person, it is worthless.
This very procedure for the transfer of land plots, which belongs to one person, and objects of indestructibility, which is known to them, is guilty of stosovuvatisya and when the right to land is attached to times of requisition, confiscation of buddies, buddies, spores, slaughter 'tongue legislation.
stvam Yogo Vlasnik (statti 242, 243, 237 DC RF)11.
The creation of a new rose to clarify the Plenum of the Supreme Arbitration Court of the Russian Federation was founded on the recognition of a land plot and a single object, which was put into circulation as a single unruhoma river.
A lot of non-violent problems are overwhelmed by the legal regime of living and non-living places. Thus, under the hour of preparation of the Concept for the development of legislation on non-ruhoma Maino (2002-2003), a task was set to regulate the lawfulness of law. As it was conceived in the Concept, “the fallow, in view of the constructive features of that way, victorious in the life (spores) can be seen one or the other, the other. Structurally, that spacey watered-in part of the middle budіvlі (spores), attached to vikoristannya. Appointment, on the vіdmіnu vіd budіvlі, let go of any material expression. In this order, the application is ce richly inclusive in the legal meaning of the word "12.
Tsim kolo problems are not eliminated. With the recognition of the application of an unshakable rhyme, it will feed the legal regime of the sleepy lane of life. To such a lane lie: bearing that fenced construction, inter-surface overlapping, daha, foundation, engineering possession, so called the place of the infamous koristuvannya (descent open, holy that іn.) acceptance. .
As it was envisioned in the Concept for the development of legislation on non-ruhoma mine, the legal regime of the objects of a sleepy mine “may be safe for everyone without a blame of the masters of the land, from one side, the insane possibility of a non-perishable corystation by them is insanely recognized, and under the influence of a crazy at the camps, which ensure the possibility of their winning for confessions. Shards in both types are about “madness”, a single legal regime that ensures security, and the regime of collective private authority”13.
Tsikavo, according to the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 23 March 2009 No. 64 “About the deeds of nourishing the practice of reviewing disputes about the rights of Vlasniks to settle in the main mine
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stvo budіvlі” was recommended to arbitrage courts to zastosovuvat to uninhabitable employment by analogy with the law (Article 6 of the Central Committee of Ukraine) the rules that regulate the placement of a high-ranking officer at a wealthy apartment booth (Articles 289, 290 of the Central Committee of Ukraine, Article 36 of the RF LC).
There, it was explained that the right of private privy power in the dormitory was to be assigned to the vosniks through the law independently from the yogo registration in the EDRP. When transferring the right of authority to take up residence to a new sergeant, one hour at a time to transfer to the right of the right to the right of authority in the bedroom, it will be independent of the fact that there is an agreement on the transfer of admission to the place of entry (clauses 1, 3, 5 of the decree).
With one more collapsible object of indestructibility, which will help promoted respect, Becoming a single mine complex. At the DC of the Russian Federation, it is understood that there is a combination of common recognition of life, spores and other speeches, indistinctly connected physically and technologically, the concept of linear objects ( zaliznitsi, Electricity transmission lines, pipelines, etc.), or roztasovannyh on one land plot, as in the single state register of rights on non-rukhom, the right of power to the collection of designations in general was registered in the whole 14 of the Central Committee of Ukraine (Article 131 of the Central Committee)
At that very hour, undertaking like a Mainovy complex, there is little to lose as an object of turnover, rights that can be transferred like vihodyachi from the law, and according to one's pleasure. When tsimu vіdomosti about the land, the subject of which є pіdpriєmstvo, obov'yazkovіy publications (Article 132 at the editorial board of the draft law).
It is a pity that until our time, the legal regimes of various objects of non-violence have been formed little, and the process of mutual interaction with each other with one and the same legal institutions for modern minds blames a lot of mischief. The molded station can be corrected, requested
lively complex, more and more adequate regulation of legal acts.
Characteristics of indestructibility as an object of civil law cannot be limited scientific statistics. Today, there is a need for development and promotion of a conceptually new mechanism of legal regulation of legal regimes in stability with the improvement of current trends in the development of the science of civil law.
1 Civil Code of the Russian Federation (part of the Persian) dated November 30, 1994 No. 51-FZ (with amended amend. I add., recruitment of rank 01/01/2019) // UPS "Consultant Plus"
2 Vitryansky V.V. Reform of the Russian public legislation. Promіzhnі vysnovki. M: Statute 2016.
4 Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (amendment I add., Recruitment of rank from 01/01/2019) // UPS "Consultant Plus"
5 Civil Code of the Russian Federation (part of the first) ...
6 Vitryansky V.V. Decree. tv.
7 Improved legislation that regulates the turnover of the indestructible lane. The concept of the development of hromadyanskogo legislation about nerukhoma mine: Mater. conf. / Відп. ed. V.V. Vitryansky. Z. 35-36.
8 Zhitlovy code of the Russian Federation dated December 29, 2004 No. 188-FZ // UPS "Consultant Plus"
9 Bergman V. Introduction to the understanding of the German Civil Code // Gromadyansk Code of the Nimechchini. 3rd view., Rev. M: Wolters Kluver, 2008. S. 13.
10 Decree of the President of the Russian Federation dated 18.07.2008 r. No. 1108 "On the completion of the Civil Code of the Russian Federation" // http://www.consultant.ru/document/cons_c!oc_LA, ^1SH02/
11 Decree of the Plenum of the Supreme Arbitration Court dated March 24, 2005 No. 11 "About the deeds of nutrition, related to the stagnation of land legislation" // http://www.consultant.ru/document/cons_doc_LAW_52891/
12 Improved legislation that regulates the turnover of indestructible lane. Z. 34, 44.
13 Div. Also: Chaplin N.Yu. The concept of a single object of non-violence: before the nutrition about dotality and feasibility of implementation in Russian legislation // Journal of Russia. rights. 2019. No. 1; UPS "Consultant Plus". 1997 - 2019.
14 Civil Code of the Russian Federation...
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1. Before non-rumb speeches (non-rukhome mine, non-violence) lie land plots, land plots, and everything that is mitzno pov'azane іz the earth, to ob'єkti, relocation of those without an unavoidable shkody recognition is impossible, including, arguing, 'Ekti unfinished life.
Before unruly speeches, one can also see that sea vessels, which carry out sovereign registration, inland navigation vessels. By law, before unruly speeches, it can be made even more mine.
Living and non-living applications lie before unruly speeches, and also recognized for the placement of transport facilities of a part of the life or spores (machine space), as between such places, some of the life of the disputes are described in the order established by the legislation on the sovereign cadastral appearance.
2. Speeches that do not lie to the point of unruliness, including pennies and prices of paper, are recognized as a ruhomy mine. Registration of the rights to fluent speech is not necessary, crime of vipadkiv, appointed by the law.
1. In the commentary of the article, there are rozpodil speeches on non-ruhome and ruhome mineo, the characteristic of non-rusomeness (div. distance) is propagated. With every chance of rukhomosti, a rule has been established: "Those who are not є indestructible, stand up to the rukhomy lane."
2. In paragraph 1, the understanding of indestructibility is taught. Whom do you see such signs.
In a way, nerukhomist (nerukhome mine) - tse rich, tobto. the subject of the material world, which is the purpose of satisfying the needs of the people and possibly the people of the Volodymyr. Others see the lane, including the rights of the lane, cannot be unruly but neither because of their nature, nor because of their instructions to the law.
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Div: Radyansk civil right: Pdruchnik: U 2 vol.
Div: Kozir O.M. The inviolability of the new Civil Code of the Russian Federation // Civil Code of Russia. Problems. Theory. Practice: Collection of memory of S.A. Khokhlova / Vidp. ed. O.L. Makovsky. M., 1998. Z. 275.
In a different way, the unruliness of the land plots and everything that is mitzno pov'yazane from the earth.
Thirdly, the relocation of the object of unruliness without unbearable shkodi yogo is recognized as impossible (possible to blame, to be introduced by federal law). For these meanings, the criteria, which allows you to set up some, are the object of the earth.
There is also a vivid resemblance of other sights of unruliness: land plots, plots of nadr, budіvlі, sporudi, objects of unfinished life, even more mine, which inspire the names of the signs nevidpovidnoy shkodi yogo recognized impossibly).
Guidance perelіk indestructible lane is included to the Civil Code as an illustration of the provision about the signs of indestructibility. Tsey perelіk maє i independent meaning. A glance is a sign of unruly speeches, interchanged with other words, allowing you to understand like a text, and a subtext to a law, like a letter, and a spirit. The bar is set for the appearance of the appointed translation, which will separate the rough and the rough speech. So, it was clear that it is not possible to place a land plot in one logical row, or else I will wake up that garden lava, to wind it like that, it’s more likely to be tied up from the earth and moving it is impossible without an unexpected shkod її recognition. Garden lava, regardless of the appearance of their surroundings, unruly, as a rule, is not recognized.
3. In such a rank, to understand the unruliness, it is elementary, reportably divided by the science of public law, in its main rices it is easy to be conquered by both lawyers and people who do not have knowledge in jurisprudence. However, it doesn’t mean that there are difficulties when it comes to understanding the unruliness of a particular object: those who do not look out of sight from a theoretical point of view, often call for practical folding, especially if the categories are victorious. (To understand the unruliness, one can hear before them: “mickle call from the earth”, “unstoppable churn”.)
G.F. Shershenevich stating: “I realized that the nourishment of spirituality and the connection of life from the earth can be violated in principle with complete accuracy. The decision to lie down in the situation of skin depression is OK. ” It was understood that the decision should be made not only on the basis of objective criteria formulated in article 130 of the Civil Code of the Russian Federation, which is commented on, but also on the basis of subjective factors. To the rest one can see the level of legal knowledge of the individual that makes decisions, and the building of transforming the general statements about the stability of a completely specific situation with the improvement of the specifics of that other subject, and so on. Of great importance is the theoretical analysis of the problems of classifying the lane on the rukhome and the nerukhom, as well as the sovereign registration of the nerukhomost.
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Shershenevich G.F. Assistant of the Russian public law (for the species. 1907). M: Spark, 1995. S. 96.
The legal literature has a thought, apparently to the point of being unruly at Art. 130 of the Civil Code of the Russian Federation - tse understanding is legal, not factual. How to establish the position of the position it is shown that the unruliness can be recognized “only if it is possible, on the way the right of power and other rights can be established. And for such rights, a state registration is necessary.
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Kozir O.M. Decree. tv. S. 276.
It is unlikely that such a pidkhid can be recognized as correct. The rozpodіl of speeches on the rough and the rough is framed by the objectively significant differences between the two types of speeches (the nature of these speeches). The inviolability of the indestructible myna is opposed to the mobility of the rukomogo, and such resilience can, without a doubt, legal legacy.
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Div: Savati R. Theory of goiter. M., 1972. Z. 57.
Well, legal science should look over the supra-wide concept, apparently to the extent that the fact of the fact of being unruly as a self-made living booth, really proving budding, argues thinly. dosі state registration of tsikh objects. That situation, which in such speeches does not blame the right of authority, cannot draw a visnovka about those who stench do not respect unruliness;
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for example, Commentary on part of the first Civil Code of the Russian Federation. M.: Spark, 1995. S. 283 - 284; Commentary to the Civil Code of the Russian Federation (part of the first) (article by article). M: Legal. firm "Contract"; Infra-M, 1997. S. 439 - 440, 445.
Protilezhny pіdkhіd spawn low food. Zokrema, if a self-sufficient dispute is not unruly, then what is it? If you think about the possibility of exercising the right of power in self-sufficient life, then it’s possible to be on the verge of ruin? Well, let's talk about the recognition of the right of power to live in a living room, to keep us alive, to argue, to that. for unruliness. And yet, there is a rumor about the recognition of the right of power, and so, richly, it is the same as unruliness.
At paragraph 1 of Art. 222 of the Civil Code of the Russian Federation it is directly stated that self-sufficient spores are living houses, otherwise, more often than not. A person who has created a self-sufficient life does not gain the right to power over her. The rest of the statement, included before paragraph 2 of Art. 222 The Central Committee of Ukraine, obviously, does not re-baptize the induced understanding of self-sufficient disputes like an indestructible lane. In another way, in spite of the laws of logic, to hang at the top of all the rules that are avenged by paragraphs 2, 3 of Art. 222 Central Committee of Ukraine.
Nareshti, and ce smut, at the commentary of the statute, there is no such sign of unruliness, like the manifestation of a state registration. For vyznannya speech nerukhomoї needed mіtsnyy vyaz'yazyok іz zemlyu, impossibility її її remіshchennya without nevіdpovidnoї shkodi її recognizable. I no more.
Land and other natural resources can be transferred or transferred into one individual to another way in this world, which kind of circulation is allowed by the laws on land and other natural resources (). Main vodnosiny schodo volodinnya, koristuvannya and ordering of land plots, as well as zdiyasnennya with them are regulated by civil legislation, as it has not been transferred to land, forest, water legislation, legislation about water supply, about protection dovkilla, Special federal laws (clause 3 of Article 3 of the Land Code of Russia).
Individualization of land plots as an object of law is recognized after the sovereign cadastral appearance of land plots.
The sovereign cadastral appearance of land plots is established in the manner established by the Federal Law of 24 April 2007 N 221-FZ “On the sovereign cadastre of non-viability” (Article 70 of the Labor Code of the Russian Federation).
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Vіdomosti of the Supreme RF. 2007. N 31. Art. 4017.
6. Nadra - part of the earth's measles, spread below the soil ball, and for its depth - below the earth's surface and bottom of water bodies and watercourses, which touch the depths available for geological development and development. Vidno -Sini, the vinica at the Zv'yazku with the geologists of the Vivchenes, the Vicoristanes of the hunting of the teritor of the federal federal, the ї of the continental shelf, and the same at the naviganni girnichodniy, the same, the bonds of the Varosy, the sapelovs, the sapelovs, the sapelovs. resources, including underground water, rose salt and brine of salt lakes and the inflow of seas, are regulated by the Law on Nadra. Deyakі z vіdnosin names are regulated by other federal laws and legal acts (for example, Federal laws vіd 30 leaf fall 1995 p. expensive stone ", Instructions for the design of girsky inputs for the development of genera of brown copalin and in.). Nadra in the borders of the territory of the Russian Federation, including the underground expanse and copalins, energy and other resources that are located in the nadras, sovereign power. The food of the Volodinnya, the coronation and the distribution of the overheads are exchanged with the sleeping authorities of the Russian Federation and the subjects of the Federation.
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Vіdomosti of the Supreme RF. 1995. N 49. Art. 4694.
Vіdomosti of the Supreme RF. 1998. N 13. Art. 1463.
Approved by the Decree of the Minister of Natural Resources of the Russian Federation on February 7, 1998 N 56 by the head of the Derzhgirtechnaglyad of Russia on December 31, 1997 N 58 // Bulletin of normative acts. 1998. No. 7.
Dіlyanki nadr can not be the subject of purchase, sale, gift, inheritance, contribution, make or be considered in a different form. The rights of coronation with overdrames can be transferred or transferred as one individual to another in this world, as such turnover is allowed by federal laws.
Vikoristovuvani dilyanki nadra є geometrized blocks of nadra (Article 2 of the Law on nadra).
Nadra nadayutsya at the corystuvannya for geological research, exploration and production of brown copalins, life and exploitation of underground spores. (Art. 6 of the Nadra Law).
Koristuvachami nadr can be sub'єkti pіdpriєmnitskoї ї dіyalnostі, zokrema participants in simple partnership, іnozemnі hromadayany, juridical osіb, as federal laws established obezhenna nadannya rights koristuvannya nadrami. Dіlyanki nadr are nayutsya at the koristuvannya of the meanings of the term and the exchange of the term. So, for a geological formation, a plot of overhead can be used by the term up to five years, for a species underground waters- term up to 25 years, etc. Without an integral line, the line is to be boty for the Nadan, for the Budіvnitva, such a display, not condensed by a vidobum of brown Kopalin, the Budyvnitvae of the PIDSTROSKOYA. objects that are especially protected. other purposes.
7. There are such reasons for commenting on the article 130 of the Civil Code of Russia about non-viability, as if it were the case, the most primed position of V.V. Vitryansky, which you know that “try to give a legally recognized understanding of “life” and “spore” is unlikely to be docile, the shards of a designated understanding do not lie within the legal categories” and that “from a legal point of view, the dawn is clear (in the prevailing sense) in the »and «argument» has no legal meaning…» .
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ConsultantPlus: Note.
Braginsky M.I., Vitryansky V.V. Contract right. Book. 2: Agree on the transfer of lane. M: Statute, 2000. S. 522.
ConsultantPlus: Note.
Monograph M.I. Braginsky, V.V. Vitryansky “Contract the right. Agreement on the transfer of the lane ”(book 2) included before the information bank with the publication - Statute, 2002 (4th edition, stereotyped).
There. P. 523. A trace of memory, that tsі vyslovlyuvannya zrobleno z “purely” civil positions, moreover, with the characteristics of the lease agreements.
V.V. Віtryanskiy vvazhaє, scho “under the future (spora) next to understand whether it is a piece of knowledge on the land plot or under it (under the land) an independent object, which is fundamentally connected with the land plot, vikoristovuєtsya (or maybe for vikoristalov) it is impossible to recognize such a transfer without an inconspicuous shkodi yogo.
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ConsultantPlus: Note.
Monograph M.I. Braginsky, V.V. Vitryansky “Contract the right. Agreement on the transfer of the lane ”(book 2) included before the information bank with the publication - Statute, 2002 (4th edition, stereotyped).
There. Here is the div. analysis of the meanings is a sign that determines the significance of that meaning of the skin. I will report on the characteristics of these objects: Kuzmina I.D. The legal regime budіvel that sporud like ob'єktіv neruhomostі. Tomsk: View of Tomsk University, 2002.
8. Zhitlovy recognizes the accommodation, as it confirms the installation of sanitary, anti-burning, city life and technical assistance that is recognized for the living of the community.
Vіdpovіdno to ZhK RF living accommodations є іsоlovaіnі priіschennya, є є neruhomomym and pridatne for the permanent living of the community (vіdpovіdaє vstanovlenim sanitary and technical rules and norms, other powers of legislation (Part 2 of Art. 15)). The procedure for acknowledgment of the appointment of living quarters and vimogi, as a way to confirm living quarters, is established by the Rada of the Russian Federation (parts 3, 4, article 15).
Vidpovidnye rules are set out in the Regulations on the recognition of accommodation for residential accommodation, residential accommodation unacceptable for living and a bagatokvartirny booth of an emergency and for the purpose of renovating abo reconstruction, approved by the Decree of the Russian Federation on 28 Sichnya 2006. N 47. The provisions of this Regulation are expanding on residential premises that are in operation, independently in the form of moisture, distribution on the territory of the Russian Federation (clause 2). The act of this act does not expand on residential premises, which are found in the objects of capital life, putting into operation such a setting on a state-owned appearance is not known to the Central Committee of Ukraine (p. 3).
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Vіdomosti of the Supreme RF. 2006. N 6. Art. 702.
At the named Provision to report for an act of such equality, vimogi are appointed, as they may confirm the life of the mission. Zokrema, form a form of vimoga to the absent -minded ones, such a hot -resident construction of the living purposes, the dressing of the livestick of the life of the lifting of the lines of the luggage wake of the yoke, the skeleton of the trauma, and the teshovnya, the zealousness of the tallness of the tallness, .d. Powers, SO LISTLOVSKY, and such a permit, pico entering the warehouse of the spyal Minean, the Primcy of the Bagatokvartiya Budinka, the guilty of the bells of the penetration of the doschovo, the same rich apartment. a booth higher than the fifth on top, behind a vignette of an attic top, is guilty of supporting an additional elevator, accommodation of living quarters at the basement and basement surfaces is not allowed, accommodation over the bedrooms is not allowed, bathrooms (showers) and kitchens are not allowed (possession, intake) at the upper level above the kitchen it is possible at the apartments, roztashovannyh at two levels) and so on.
In addition to living accommodations, they are formulated according to different categories of assessments. Так, несучі та огороджувальні конструкції житлового приміщення повинні знаходитися у працездатному стані, при якому виниклі в ході експлуатації порушення, зокрема деформативності (а в залізобетонних конструкціях — тріщиностійкості), не призводять до порушення працездатності до несучої здатності конструкцій, надійності житлового будинку та забезпечують безпечне перебування hromadyan that saving engineering possession.
In such a rank, the installation of the one that shows the accommodation of the vimog, which hangs up to the living accommodation, is to be finished by a folding process. To be brought to a great number of normative acts, to carry out examinations, to die hard, hard.
In times, if, in the manner prescribed by law, a living house (life) is set up, it is put into operation of such an act, as a recognition of this house (a place that is in a new place) living (living), it does not matter. The recognition of the appropriation of dwellings in times of suffocation, mediating the introduction of them into exploitation (zokrema are perverted, chi in vіdpіdaє vimog, yak vysuvayutsya to living quarters), sovereign appearance and sovereign registration of the right of the new (as in the case of dwellings).
That is why the rules, yakі mіstjatsya in the named Regulations, ratified for the vykonanny vkazіvok h. ch. 3, 4 tbsp. 15 of the LCD of the Russian Federation, get stuck in such vipadkas.
In a first step, with the virishenni nutrition about the transfer of non-living accommodation to living. Zocrema, such a translation is unacceptable, as if the application is not allowed to be established by the authorities, or it is possible to ensure the security of the authorities (part 4 of article 22 of the LC RF).
In another way, with the installation of what is attached to living accommodation, which is victorious as living and from a legal point of view, it is respected by living accommodation.
Thirdly, in case of a violation of food about the recognition of a rich apartment house, which is in operation, emergency and incapacitating.
Appointed by the living, attached (non-attached) for the dwelling of the hulks, as well as the bagatokvartirny hut by an emergency and such, that inspires znesenny, zdiisnyuetsya mizhvіdomchoyu komіsієyu, scho created for these purposes.
Fallow in view of the housing fund for the form of authority between the municipalities, the commission is created in accordance with federal body Vikonavcho, the Vikonavcho organ of the subject of the Russian Federation, the body of the local self-regulation.
Орган місцевого самоврядування має право приймати рішення про визнання приватних житлових приміщень, що перебувають на відповідній території, придатними (непридатними) для проживання громадян та делегувати комісії повноваження щодо оцінки відповідності цих приміщень встановленим вимогам та щодо прийняття рішення про визнання цих приміщень придатними (непридатними) .
Before living quarters, it is possible to reach the Housing Complex of the Russian Federation:
1) living house, part of a living house;
2) an apartment, part of an apartment;
3) room.
At the same time, the life of a living house rises up individually, as it is made up of a room, as well as the use of an additional victoria, recognized for the satisfaction of the hulks of those other needs, which are related to their living in such a life.
Квартирою визнається структурно відокремлене приміщення у багатоквартирному будинку, що забезпечує можливість прямого доступу до приміщень загального користування в такому будинку та складається з однієї або декількох кімнат, а також із приміщень допоміжного використання, призначених для задоволення громадянами побутових та інших потреб, пов'язаних із їх living at such a booth. vodokremlennym prischennі.
A part of the living quarters of the apartment is recognized as a place of uninterrupted living of the inhabitants of the living quarters of the apartment.
If you are talking about a part of the apartment, then you can think about the situation, if the objects of law are a small room of the apartment. For example, a hromadain borrowed two rooms from a chotyric communal apartment for a contract to hire a social worker. As a result of privatization of wines, having taken away the right of power over the stone. The object of the right of power is part of the apartment (two rooms).
9. The very phrase "non-living accommodation" means that, in general, the understanding is signified by a negative rank: tse accommodation, not recognized for living by the masses. Fallow as a functional purpose, non-residential premises can be used as industrial, administrative (clerical), trade, warehouse ones. Non-residential accommodation can be formed from one or the other room.
The next mother is on the street, which in uninhabited budinkas іnоdі rozmіshchuyutsya zhitlovі pri_shchennya (for example, for vikoristannya as a service zhitlova area). In living houses there are non-living places. In some cases, such applications are objects of law (for example, a living house in a shop). In others, the appropriation does not lie with independent objects of law (for example, subsidiaries, the place of infamous courtship is too thin (high, holy too thin)).
10. Undertaking as an object of rights is recognized as a mine complex, which is victorious for carrying out undertaking activity. Before the warehouse of production, as a lane complex, there are all kinds of lanes, recognized for this activity, including land plots, buddies, spores, possessions, inventory, syrovina, products, the rights of vimoga, borg, as well as the right to designate, to individualize the production of goods, work and services (commercial designation, trademarks, service marks) and other vinyatkovі rights, as otherwise not transferred by law or contract.
The characteristics of the undertaking are given by . It was immediately established that the undertaking of a slander like a Mainovian complex is recognized as unruly (Div. Art. 132 and commentary before it).
11. By virtue of the law, until the indestructible lane, objects can lie, as if they do not make a powerful bond with the earth. In para. 2 p. 1 of the commented article 130 of the Civil Code of the Russian Federation is given a non-binary translation of such objects: ships, ships of inland navigation, space objects.
Goloshennya tsikh speeches unruly like in Russian, and in other legal systems rich in what is mindful of their high quality, economic significance, and inspire great interest in the work. Zokrema, through the specifics of these speeches, there is a need for the implementation of (along with other objects of civil law) control over the citizens, coronation and ordering them.
Knowing the judgments of those cosmic objects, tobto. subjects, economically and from other substations recognized for the rukh (rukhomih for nature), with unruly speeches, the main metaphor is expanded on the number of objects of the legal regime of nerukhomosti. In practice, in this way, such a legal and technical zasіb, like a fiction, is victorious: the fact of the validity of “provided” under the understanding (formula) that directly supersedes this fact (vessels and space objects in rough speeches, but the law is deafened by unruliness).
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Div: Krasavchikov O.A. Radian science of civil law (understanding, subject, warehouse and system). Sverdlovsk, 1961, p. 130. At this hour, the robot was seen; Vin. Categories of science of public law. M: Statute, 2005. Vol. 1.
Vessels that space objects that are subject to state registration are recognized as unruly, but have not passed such registration. Otzhe, qі ob'єkti є unruly speeches from the moment of creation (and not from the moment of registration).
Vіdpovіdno to st. 7 of the Code of Merchant Shipping of the Russian Federation under the vessel, it is understood that it is self-propelled and non-self-propelled buoyant spores, which are victorious with the method of merchant navigation. Under the ships of the fishery fleet, there are services for the service of the fishery industry complex to the court, which are recruited for fishing, as well as primal transport, auxiliary ships and ships of a special purpose.
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Federal law dated April 30, 1999 N 81-FZ // Vіdomostі Verhovnoї RF. 1999. N 18. Art. 2207.
Pіd povіtryanym ship, zgіdno zі st. 32 According to the Code of the Russian Federation, there is a light apparatus, which is supported in the atmosphere for the air, mutually with the winds, for the air, for the air, for the winds, for the air.
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Vіdomosti of the Supreme RF. 1997. N 12. Art. 1383.
Vidpovidno up to par. (d) Art. I Convention on International Viability for Skoda, Zapodiyanu Space Objects (1972) On the basis of paragraph 1 of Art. II Convention on the registration of objects that are launched into outer space (1974) when a space object is launched into orbit near the Earth or given into outer space, the power that launches, registers this space object with a record , which is conducted by him. The skin power that launches, informs the Secretary General of the Organization of the United Nations about the establishment of such a register.
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Div: Collection of viable treaties, for the sake of conventions, regulations of the SRSR with foreign powers. Vip. XXIX. M., 1975. S. 95 - 101; International public law: Zb. doc. T. 2. M: BEK, 1996. S. 362 - 368.
Collection of viable treaties, for the sake of conventions, regulations of the SRSR with foreign powers. Vip. XXXIV. M., 1980. S. 442 - 446; Chinne international law. T. 3. M: Moscow Independent Institute of International Law, 1997. S. 634 - 638.
We hope it is important to designate in the Convention for information about a space object, as it should be entered to the register, including:
- the name of the state that launches, or the powers that launch;
- Identification of the space object or its registration number;
- date of that territory or place of launch;
- Basic parameters of the orbit:
animal period,
way,
- Significant recognition of a space object.
Vіdpovіdno to st. 17 Law of the Russian Federation dated 20 April 1993 N 5663-1 "About cosmic activity" cosmic objects of the Russian Federation are subject to registration and due to the mother of marking, which zasvіdchuє їх reliability of the Russian Federation. With whom the rights of power on space objects are left unoccupied for an hour of rebuying of these objects on the Earth, and also at any stage of flying into space or rebuking in space, on celestial bodies, and also after turning to the Earth, as it is no longer transferred by international treaties of the Russian Federation.
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Russian newspaper. 10/06/1993. N 186
12. In p. 2 of the commented article, such ragged objects are suggested, like valuable papers and wet pennies. About pennies div. to her, about paper prices - art. that comment to them.
