The concept and features of the legal status of a state corporation. The concept, classification and features of the legal status of state corporations. relevant scientific sources

State corporations are classified as special public entities. commercial organizations, endowed with significant property rights. public status public corporations due to their special relationship with executive authorities and other public bodies. The most important legal prerequisite for the creation of a state corporation is the implementation of its social significant activities in the areas social policy, rendering public services(for example, medical, educational, services in the field of transportation activities), financial and banking activities that meet the needs of the state. The content of priority national activities, for the purpose of which a state corporation is created, is determined by federal law. The special status of corporations is predetermined by its legal status: of all forms of non-profit organizations, only state corporations and autonomous institutions are created by the state - the Russian Federation. The republics within Russia, along with the Russian Federation, also having a state-legal status, are not entitled to create state corporations.

In the field of legal regulation, the status of corporations is established federal laws, however, the following features of the status of such laws should be taken into account.

Statutory federal laws determine the competence and organizational and legal forms of corporations. In relation to each of them, a statutory federal law is adopted that establishes its functions and powers, types of legal relations with executive authorities, and the property status of the corporation. A statutory federal law always dominates the system of federal laws regulating the activities of corporations: in the event of conflicts between its prescriptions and the prescriptions of other federal laws, the statutory federal law is subject to application, which establishes when and in what cases other federal laws can be applied.

In cases established by statutory federal law, organizational forms activities of a public corporation can be defined special federal law operating along with the statutory federal law. Special federal laws may establish, in particular, the procedure for using the property of a state corporation in the event of its reorganization or liquidation, the timing of these organizational measures.

Ordinary federal laws define the foundations of the public status of the state corporation as a whole as one of the forms of non-profit organizations, while not regulating the individual elements of its status. For example, the name of the governing bodies of a corporation and their competence can only be established by a statutory federal law. The scope of application of ordinary federal laws is limited by individual regulations (for example, the basis for the public status of state corporations is determined by the rules of Article 7.1 of the Federal Law "On Non-Commercial Organizations"). Ordinary federal laws apply in the areas established by statutory federal laws. For example, part 3 of Art. 17 of the Federal Law "On the Development Bank" provides that the state registration of the Development Bank as a special type of state corporation is regulated by Federal Law No. 129-FZ dated August 8, 2001 "On state registration legal entities and individual entrepreneurs". Thus, in relation to the specified state corporation, it is possible to use the prescriptions of the ordinary federal law.

To by-laws, regulating the activities of state corporations, are mainly decrees of the Government of the Russian Federation. Regulatory legal acts of the federal executive bodies are applied only in cases specifically provided for by the federal laws in question, decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation.

Also, corporations.
Unlike state corporations, autonomous institutions can be created not only by the Russian Federation, but also by other public entities - a subject of the Russian Federation or municipality(see Part 1, Article 2 of the Federal Law "On Autonomous Institutions").
Within the meaning of Art. 7.1 of the Federal Law "On Non-Commercial Organizations", federal laws not only provide for the creation of an appropriate state corporation, but also establish its functions, powers and other components of its public status. In particular, such laws determine the property status of corporations (see Clause 2, Article 7.1 of the said Federal Law).
With regard to the state corporation "Development Bank", the statutory Federal Law of May 17, 2007 No. 82-FZ establishes the provisions of the Federal Law "On Non-Commercial Organizations" that are not subject to application. So, according to Part 2 of Art. 19 of the Federal Law "On the Development Bank", the rules stipulated by the federal legislation on insolvency (bankruptcy) do not apply to the liquidation procedure of this state corporation. Application to the Development Bank of the federal legislation on banks and banking activities is possible only in the cases established in parts 2 and 3 of Art. 4 of the Federal Law "On the Development Bank".
See part 1 of Art. 19 of the Federal Law "On the Development Bank".
On the scope of by-laws, see, for example, parts 2 and 4 of Art. 6, part 4, art. 10 of the Federal Law "On the Development Bank". AT this case regulation of the activities of a state corporation by decrees of the President of the Russian Federation is possible only in relation to Part 2 of Art. 15 of the said Federal Law.

Legal status of state corporations in the Russian Federation

Bolotin S.S.

Tyumen State University

scientific adviser: Tordia I.V.

G A state corporation is one that does not have a membership non-profit organization, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. The specification of the goals of creation and the functions of activity is carried out by federal law, in accordance with which a specific legal entity is created in the organizational and legal form of a state corporation.

Based on the provisions of the law, state corporations have the following features:

1. lack of constituent documents (instead of them, Federal Laws are adopted)

2. special ways of forming property (property contribution, income from activities, subsidies from the federal budget, funds from the reserve funds of the corporation, voluntary property contributions) and the fact that state property becomes the property of the corporation

3. reorganization and liquidation is carried out in accordance with the Federal Law by which the corporation was created

4. no obligation to submit to state bodies documents containing a report on their activities.

On the this moment There are 6 state corporations in the Russian Federation:

1. Bank for Development and Foreign Economic Affairs (Vnesheconombank);

2. Deposit Insurance Agency;

3. Fund for Assistance to the Reform of Housing and Communal Services;

4. State Corporation for the Promotion of the Development, Production and Export of High-Tech Industrial Products (Rostechnologii);

5. State Atomic Energy Corporation (Rosatom);

6. State corporation for the construction of Olympic facilities and the development of the city of Sochi as a mountain climatic resort (Olympstroy).

I would like to dwell on certain problems related to the activities of state corporations.

First, in withdrawal from general rules state corporations are entitled to carry out activities requiring licensing, without a license - on the basis of the law. For example, Vnesheconombank, on the basis of the Federal Laws "On the Development Bank" and "On the Market valuable papers"has the right to carry out banking operations, and also has special legal capacity in the field of professional activity in the securities market.

Secondly, Of particular interest is the legal nature of the property right of state corporations to the property transferred to it by the founder. On the one hand, the law determines that the property transferred by the state is the property of state corporations, on the other hand, during the existence of a state corporation, the right of the Russian Federation to state property transferred to it is suspended. It is restored to the property transferred to the corporation and acquired by the state on the property newly created and acquired by the state corporation during its operation. It should also be mentioned that when an organization is liquidated, the property is transferred back to the ownership of the state, and I think it is not a secret for anyone that the property received after the liquidation will be much less than that transferred ...

When characterizing individual state corporations, some features of their activities can be distinguished:

1. The deposit insurance agency actually carries out the activities of an insurance company that is commercial.

2. Vnesheconombank carries out not only banking, but also insurance activities. No one exercises control over the activities of VEB; in addition, the Bank is endowed with exclusive powers to issue bonds and other securities in accordance with the legislation of the Russian Federation. At the same time, this right is granted only to commercial organizations, and even then not to all. In addition to all this, VEB has such powers that allow it to create competition in the economic turnover. At the end of 2010, VEB received 29 billion rubles. arrived. VEB is one of the three largest Russian banks! But it was originally planned that state corporations would be a link between public authorities and business entities, which in no way implied compiling competition by the latter!

3. Olimpstroy in the manner established by Part 1 of Art. 12 of the aforementioned Federal Law No. 238-FZ, finances at its own expense measures to seize real estate objects into federal ownership in accordance with the legislation of the Russian Federation for the construction of Olympic facilities (which is contrary to the rules of the Civil Code of the Russian Federation and other legislative acts on the seizure of land for state needs).

4. Rosatom is generally endowed with the powers of state bodies - it has the right to adopt regulatory legal acts in the established field of activity, and can also recognize acts of the authorities of the Russian Federation and the former USSR as not valid on the territory of the Russian Federation. In addition, this legal entity is allowed to have its own paramilitary security units. In essence, this state corporation acts as a body state power and not a private legal entity.

5. And the only state corporation, the existence of which does not contradict the legislation of the Russian Federation, is the Housing and Public Utilities Reform Assistance Fund.

Therefore, based on the previously mentioned, we can conclude that state corporations, as they are now, significantly contradict the law. The following can be cited as proof of this:

1. a clear difference between state corporations and other types of non-profit organizations, which, as a general rule, should have a single organizational and legal form;

2. control of state corporations by the state in the sphere of functioning exclusively for state purposes;

3. lack of control in the management and spending of funds allocated by the state.

Thus, if there is a contradiction, then it must be eliminated, but if it cannot be eliminated, then the corporation must be eliminated.

It should also be noted that state corporations, in our opinion, are one of the types of public legal entities, along with the state itself and its bodies, as well as the Bank of Russia, the Accounts Chamber and other necessary structures, the regulation of which cannot be filled only by the provisions on legal entities, contained in the Civil Code of the Russian Federation. The public essence of state corporations is to achieve the public interests set by the state, as well as to perform the functions and powers of public authorities.

The fact of equating the status of an employee of a state corporation with the status of a state civil servant also indicates precisely the public status of this institution.

Therefore, in order to avoid contradicting the law, in this case it is necessary to recognize state corporations legal entities public law.

List of used literature:

1. Adarchenko E.O. State corporations as a type of legal entities of public law;

2. Federal Law No. 317-FZ of December 1, 2007 "On the State Atomic Energy Corporation "Rosatom" // SZ RF. -2007. - No. 49. - Art. 6078;

3. Federal Law No. 270-FZ of November 23, 2007 "On the State Corporation "Russian Technologies" // SZ RF. -2007. - No. 48 (2 hours). - Art. 5814;

4. Federal Law No. 82-FZ of May 17, 2007 “On the Development Bank”//SZ RF. - 2007. - No. 22. - Art. 2562;

5. Federal Law of July 21, 2007 N 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services" // SZ RF. -2007. - No. 30. - Art. 3799;

6. Federal Law No. 177-FZ of December 23, 2003 “On insurance of deposits of individuals in banks Russian Federation”//SZ RF. -2003. - No. 52 (Part I). - Art. 5029;

7. Federal Law No. 238-FZ of October 30, 2007 "On the State Corporation for the Construction of Olympic Facilities and the Development of the City of Sochi as a Mountain Climate Resort" // SZ RF. - 2007. - No. 45. - Art. 5415.

Fedotov P.V. State corporations in Russia: issues of property management. Journal "Lawyer", 2011, No. 13;

R kill 2,000.00

Ready-made thesis in civil law on the topic "Legal status of state corporations". this work made taking into account changes in Russian legislation as of November 2009. The individuality of this work when checking in the Anti-plagiarism system is 71%.

Description

Introduction
Chapter I. The concept and features of state corporations as subjects of civil law relations
1.1 general characteristics the regulatory framework of the Russian Federation, dedicated to state corporations
1.2. The concept and features of state corporations
1.3. The procedure for the creation, reorganization and liquidation of state corporations
Chapter II. General characteristics of state corporations and their activities
2.1. General position modern state corporations in the Russian Federation
2.2. Specificity of legal regulation of state corporations
2.3. Prospects for the development of Russian legislation on the example of state corporations
Conclusion
Bibliography

The thesis in civil law on the topic "Legal status of state corporations" was written in November 2009.

The volume of work is 70 pages.

Introduction

The relevance of the topic of the thesis. The rapid development of the Russian economy during the period of rising oil and gas prices, the active attraction of foreign investment in the Russian economy in 2000-2008, as well as the relative stability of the global economy, made it possible Russian Government accumulate huge financial resources that were directed to various expensive social projects(For example, national project affordable housing), complex infrastructure projects (Preparation for the APEC summit in 2012 in Vladivostok and the Winter Olympics in Sochi in 2014). The above and other strategic projects that require large financial investments require, among other things, high management efficiency organizational structures using public funds. As a result, it was decided not to use the form of a unitary enterprise or joint-stock company, but to create state corporations endowed with the broadest powers, which, in the opinion of the state authorities, are capable of solving the grandiose tasks planned by the Government of the Russian Federation.

The use of state corporations to solve strategic projects of the Russian state was motivated by the viability of the first Russian state corporation, the Deposit Insurance Agency, established in 2003. This state corporation effectively influenced the development of the banking sector, and also manages significant financial resources.

The deposit insurance fund of the state corporation at the beginning of the year 2008 increased to 68 billion rubles. This is more than 5 percent of insured deposits, which corresponds to the adequacy ratio recognized by world practice. In 2007, the profitability of placement of temporarily free funds of the fund was 7.2 percent. Profit from investment made it possible to increase the deposit insurance fund in the amount of about 2.7 billion rubles. According to the head of the state corporation A. Turbanov, the Deposit Insurance Agency's cash reserves by the end of 2008 will increase to 95-97 billion rubles.

Conclusion

A state corporation is a new subject of law, whose legal capacity is exercised primarily in the areas of civil and administrative law.

public origin, tight managerial communication with the state and in general, the managerial image is the framework of the status of a state corporation. The original property regime and "free floating" in market relations- civil law features. Obviously, public corporations are subject to mixed legal regulation. In any case, this is how we will call it until the status of public legal entities is fully regulated within the framework of public law.

The very emergence of state corporations testifies to the strengthening of the direct participation of the state in economic relations. "To a certain extent, a significant adjustment of the country's liberal course of economic development, aimed at strengthening the public sector of the economy, has been demonstrated." Of course, public corporations are another conduit economic policy state, and this requires the consolidation of their special connection with the state.

The most common reasons for the creation of state corporations in the world are the economic crisis, the lack of goods and services of public importance, their low quality or inflated prices, the need to weaken the country's historical dependence on foreign capital. Therefore, state corporations are a new subject link in the conduct of state policy in a particular area. They are a consequence of deregulation, since, on the one hand, they must fit into the market system, on the other hand, they must managerial functions, "unloading" the state.

Bibliography

I. Regulatory legal acts and materials of judicial practice

Civil Code of the Russian Federation (part one) dated November 30, 1994 N 51-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 21, 1994) (as amended on July 17, 2009, as amended on July 18, 2009) // Collection of Legislation of the Russian Federation, 05.12.1994 , N 32, art. 3301
Federal Law No. 7-FZ of January 12, 1996 (as amended on July 17, 2009) “On Non-Commercial Organizations” (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 8, 1995) (as amended and supplemented, effective from August 1, 2009) // Collection of Legislation of the Russian Federation, 15.01.1996, N 3, art. 145
Federal Law No. 140-FZ of 08.07.1999 “On Amending the Federal Law “On Non-Commercial Organizations” (adopted by the State Duma of the Federal Assembly of the Russian Federation on 06.25.1999) // SZ RF. 1999. N 28. Art. 3472
Federal Law of July 8, 1999 N 144-FZ "On the restructuring of credit institutions" // SZ RF. 1999. N 28. St. 3477.
Federal Law No. 87-FZ of July 28, 2004 “On Recognizing the Federal Law “On Restructuring Credit Institutions” and Certain Provisions of Legislative Acts of the Russian Federation as Invalid, as well as on the Procedure for Liquidating the State Corporation “Agency for the Restructuring of Credit Institutions” // SZ RF. 2004. N 31. Art. 3223
Federal Law No. 177-FZ of December 23, 2003 (as amended on December 22, 2008, as amended on September 27, 2009) “On insurance of deposits of individuals in banks of the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 28, 2003) // Collection of legislation RF, December 29, 2003, N 52 (Part I), art. 5029
Federal Law No. 82-FZ of May 17, 2007 “On the Development Bank” (adopted by the State Duma of the Federal Assembly of the Russian Federation on April 20, 2007) // Collection of Legislation of the Russian Federation, May 28, 2007, No. 22, Art. 2562
Federal Law of July 19, 2007 N 139-FZ (as amended on April 9, 2009) “On the Russian Corporation of Nanotechnologies” (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 4, 2007) // Collection of Legislation of the Russian Federation, July 23, 2007, N 30, art. 3753
Federal Law of July 21, 2007 N 185-FZ (as amended on July 17, 2009) “On the Fund for Assistance to the Reform of Housing and Communal Services” (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 6, 2007) // Collection of Legislation of the Russian Federation, July 23, 2007, N 30, Art. 3799
Federal Law of October 30, 2007 N 238-FZ (as amended on July 17, 2009) “On the State Corporation for the Construction of Olympic Facilities and the Development of the City of Sochi as a Mountain Climatic Resort” (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 18, 2007) // Collection of Legislation of the Russian Federation, 05.11 .2007, N 45, art. 5415
Federal Law of November 23, 2007 N 270-FZ (as amended on May 7, 2009) “On the State Corporation “Russian Technologies” (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 9, 2007) // Collection of Legislation of the Russian Federation, November 26, 2007, N 48 (2 hours). ), Art. 5814
Federal Law of December 1, 2007 N 317-FZ (as amended on July 19, 2009) “On the State Atomic Energy Corporation Rosatom” (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 13, 2007) // Collection of Legislation of the Russian Federation, December 3, 2007, N 49, Art. 6078,
Federal Law of December 2, 1990 N 395-1 (as amended on April 28, 2009) “On Banks and Banking Activities” // Collection of Legislation of the Russian Federation, February 5, 1996, N 6, art. 492
Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" // SZ RF. 2001. N 33 (part I). Art. 3431
Federal Law of November 3, 2006 N 174-FZ (as amended on October 18, 2007) “On Autonomous Institutions” (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 11, 2006) // Collection of Legislation of the Russian Federation, November 6, 2006, N 45, art. 462
Federal Law of May 13, 2008 N 68-FZ "On the centers of historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers" // SZ RF. 2008. N 20. Art. 2253.
Order of the State Atomic Energy Corporation "Rosatom" of December 12, 2008 N 658 "On the procedure for publishing and entry into force of acts of the State Corporation "Rosatom", recognized by the Ministry of Justice of the Russian Federation as not requiring state registration"
Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Court Arbitration Court RF dated July 1, 1996 N 6/8 “On some issues related to the application of the first part of the Civil Code of the Russian Federation // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1996. No. 9.

II. Special and journalistic literature

Businessmen attacked Medvedev // Nezavisimaya Gazeta. 2008. 9 April.
Bogdanov E. Legal regime of state corporation property // Economy and law. 2008. No. 5.
Verbitskaya Yu.O. On the division of organizations into commercial and non-commercial // Corporations and institutions: Collection of articles / Ed. ed. M.A. Rozhkov. M.: Statute, 2007.
Civil law. Volume 1: Textbook / Ed. A.P. Sergeeva, Yu.K. Tolstoy. M., 2002
Civil law regulation of the creation and activities of state corporations under Russian law (A.B. Tselovalnikov, "The laws of Russia: experience, analysis, practice", N 4, April 2009)
Dolinskaya V.V. State joint-stock companies// Collection scientific papers dedicated to the memory of V.A. Ryasentsev. MGUA / Resp. editor: A.G. Kalpin, A.I. Maslyaev, V.V. Dolinskaya. M., 1995;
Dolinskaya V.V. Legal entities: Ch. 6 // Civil law. Part one: Textbook / Ed. ed. A.I. Maslyaev, V.P. Mozolin. M., 2007.
Efimova L.G. On the legal nature of state corporations // Economy and law. 2008. N 8
Zurabyan A.A. Legal nature of the body of the corporation // Legal world. 2006. No. 11.
Internet interview with E.A. Sukhanov // www.consultant.ru/law/interview/sukhanov.html
Kashanina T.V. Corporate law. M., 2006.
TVNZ. 2008. June 9.
Kulik A.A. Corporations in the civil law of the Russian Federation // Law and Politics. 2007. No. 7.
Kurbatov A.Ya. Legal regulation activities of state corporations as an organizational and legal form of legal entities.
Kurbatov A.Ya. Legal regulation of insolvency (bankruptcy) of credit organizations // Economy and law. 2006. N 4.
Luzan S. Regulation and management of enterprises with state participation: international experience // Questions of Economics. 2004. N 9.
Makarova Ya.M. Legal status issues Central Bank Russian Federation as a legal entity: Diss. … cand. legal Sciences. M., 2000.
Novak D.V. To streamline the system of non-profit organizations // Bulletin of Civil Law. 2007. N 3.
Osakwe K. Comparative Law in Schemes: General and Special Parts. M., 2002.
Petukhov V. Some issues of administrative and legal regulation of the organization and activities of corporations in Russia // Law and Economics. 2000. No. 4.
1. Potapov V.A., Lazarev V.V. Corporations and their types in Russian legal system// Foreign trade law. 2006. N 2.
Legal status of the Deposit Insurance Agency (L.G. Efimova, "Legal work in a credit organization", N 3-4, July-December 2008)
Problems of legislation on state corporations (V.V. Dolinskaya, "Laws of Russia: experience, analysis, practice", N 4, April 2009)
Semenov A., Seregina T. Features of the legal status of the state corporation // Law and Economics. 2008, No. 2; Kurbatov A. State corporation as an organizational and legal form of a legal entity // Economy and law. 2008. No. 4; Bogdanov E. Legal regime of property of state corporations // Economy and law. 2008. No. 5; Kudashkin V.V. Myths and reality of state corporations // Ezh-Lawyer. 2008. No. 24; Efimova L. On the legal nature of state corporations // Economy and law. 2008. No. 8.
Soldatova V.I. “New Federal Law “On the Development Bank” // “Law and Economics” 2007 N 10.
Stepashin S. Modernization - Russia's breakthrough according to Putin's plan // Russian newspaper. 2007. November 2.
Suyazov E.E. Legal nature of corporations in the Russian Federation // Lawyer. 2002. No. 6.
Chemezov S. Capital // Kommersant. 2008. July 14
Chirkin V.E. Legal entity of public law. M., 2007

The very term "legal entity" was not in Roman law, it was formulated only by medieval glossators.

Organizations are often mentioned as participants in private law relations in Roman sources (for example, colleges, usually formed on a professional basis). All norms about boards proceed from the fact that this organization acts like a natural person, that is, it is a full-fledged subject of private law. Members of the board may change, which, however, does not change the personality of the board. Some Roman colleges have existed for centuries. Thus, a legal entity does not depend on those individuals who participate in its activities. The collegium has its own membership, certain rules formulated in the statutory documents, as representatives of the collegium in civil circulation, its authorized governing bodies act. The college has its own separate property, formed from the contributions of its members. The Board could make transactions and, accordingly, was responsible for them. In fact, the collegium was a full-fledged legal entity in the modern sense of the word.

The Romans laid the foundations for the division of legal entities into types.

The most ancient were legal entities of a corporate type, based on membership: collegiums, workshops, municipalities. Colleges (for example, priestly ones) were the oldest of them, they were created for various non-commercial (social) purposes, that is, in modern legal language, they had the status of public associations. Shops - professional non-profit associations individuals engaged in a particular type of industry. Municipalities were formed during the republican period and at the beginning of the principate in the cities, which were granted the special status of a self-governing territorial corporation. In this case, the members of the municipality were all the inhabitants of the city. The municipalities also operated largely on a non-profit basis.

Corporate legal entities were based on a democratic principle: the activities of a corporation are determined by its members, who, in particular, adopt a charter and form management bodies.

In republican law, there was freedom to form collegiums. The persecution of them began during the period of the principate, their activities were allowed only with the appropriate approval of the emperor and the senate.

For commercial activities the corresponding agreement created a partnership that was not a legal entity. The personal composition of the partnership remained unchanged and was determined by the partnership agreement; if its personal composition changed, the agreement should also be changed. A variable composition without changing the contract was possible only in a partnership of tax-farmers. This underdevelopment of commercial legal entities (and, in fact, the absence of such in the modern sense of this legal category) can be explained by the relatively low (by modern standards) saturation of economic life in Ancient Rome.

In addition to corporations, among legal entities, according to Roman law, there were also institutions based on the separation of part of their property by one person, managed by official appointed by the owner. Historically, the first institution was the imperial treasury (fisk), which was managed by a person specially appointed by the princeps for this purpose. The activity of the fisk was regulated not by public, but by private law, that is, it was not a state body, but a legal entity - an institution (the emperor was the founder, because formally the fisk was considered to belong to the princeps as to an individual to a Roman citizen). For their own needs, the legal construction of fisk was also used by the Christian Church (in the period after Emperor Constantine I the Great), in contrast to pagan (pre-Christian) religious associations. The Christian church created, in particular, charitable institutions.

Questions for self-control

1. What was the concept of "person" and legal capacity in Roman law?

2. What was the position of the Roman citizens?

3. What was the position of the Latins and peregrines?

4. What rights did slaves have?

5. What was it legal status freedmen?

6. Who are the columns and what was their status?

7. What was meant by legal entities in Roman law?

Chapter 4 Test

1. Specify one of the main elements of the legal capacity of a Roman citizen?

a) the right to enter into a legal Roman marriage;

b) the right to participate in the civil process of Rome;

c) the right to be a guarantor in the affairs of other persons.

2. Capacity in Ancient Rome depended on:

a) gender, age and certain diseases;

b) on age;

c) age and mental illness.

3. Latins are:

a) incompetent Romans;

b) foreigners;

c) the inhabitants of Latium.

4. Guardianship was established over:

a) peregrines;

b) mentally ill;

c) minors of both sexes.

5. Over whom guardianship was appointed?

a) over minors;

b) over women;

c) over the mentally ill.

You can download ready-made answers for the exam, cheat sheets and other study materials in Word format at

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Legal persons. Status of corporations, municipalities, fiscal, charitable institutions

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Answers to civil law tickets (general part)
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1. Civil law as a branch (branch) of law, its system. Separation from related industries. 2. Subject and method of civil law. 3. Sources of civil law: concept and system. 4. Views
Answers to the exam in the Civil Law of the Russian Federation
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State Corporation- a non-profit organization without membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. A state corporation is created on the basis of a federal law. The property transferred to the state corporation by the Russian Federation shall be the property of the state corporation. A state corporation shall not be liable for the obligations of the Russian Federation, and the Russian Federation shall not be liable for the obligations of a state corporation, unless otherwise provided by the law providing for the establishment of a state corporation.

Features of the legal status

The Civil Code is created on the basis of federal law.

The property transferred to the Civil Code of the Russian Federation is the property of the Civil Code, that is, it is not state property (this Civil Code differs from Federal State Unitary Enterprises). Thus, control over the property of the Civil Code is removed from the supervision of the Accounts Chamber of the Russian Federation.

The Civil Code is not liable for the obligations of the Russian Federation, and the Russian Federation is not liable for the obligations of the Civil Code, unless otherwise provided by the law providing for the creation of the Civil Code.

The SC differs both from OJSC with predominant state participation, and from state unitary enterprises(FSUEs): in particular, the GCs are not subject to the disclosure provisions required for public JSCs, as well as the operation of the bankruptcy law; in contrast to the Federal State Unitary Enterprises, the Civil Codes are taken out of the control of a number of state bodies.

The Civil Code is not obliged to submit documents containing a report on its activities to state bodies (with the exception of a number of documents submitted to the government of the Russian Federation). In particular, state bodies without the consent of the Civil Code cannot:

request from the management bodies of the corporation their administrative documents;

request and receive information about the financial and economic activities of the corporation from the authorities state statistics, the federal executive body authorized for control and supervision in the field of taxes and fees, and other bodies of state supervision and control, as well as credit and other financial organizations;

send representatives to participate in the events held by the corporation;

to conduct compliance checks on the activities of the corporation, including on spending Money and the use of other property, for the purposes provided for by its founding documents, in the manner determined by the federal executive body exercising the functions of legal regulation in the field of justice;

in the event of a violation of the legislation of the Russian Federation or the commission by the corporation of actions contrary to the goals provided for by its constituent documents, issue a written warning to it indicating the violation committed and the deadline for its elimination;

establish the conformity of the spending of funds and the use of other property by corporations with the goals provided for by their constituent documents.

The provisions of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” do not apply to state corporations. But if a state corporation uses state land, then there are formal grounds for exercising control by the Accounts Chamber. For example: “monitoring the effectiveness and compliance with the intended use of state property ( land plots), which is in the use of the Civil Code ... "In addition, Article 12 of the Federal Law" On the Accounts Chamber of the Russian Federation "includes organizations in the scope of control powers, in terms of the tax, customs and other benefits and advantages granted to them. The procedure for the formation of a state corporation, that is, the property contribution of the Russian Federation, is the advantage on the basis of which these organizations are subject to control by the Accounts Chamber of the Russian Federation. The subject of control is the effectiveness of managing the property contribution of the Russian Federation.

State corporations are not subject to the provisions of federal law No. 94-FZ on public procurement, which allows state corporations to hold tenders and auctions for the purchase of goods, works and services in an arbitrary manner.

Control over the activities of the Civil Code is carried out by the Government of the Russian Federation on the basis of the annual submission by the corporation annual report, auditor's report on maintaining accounting and financial (accounting) statements, as well as conclusions audit commission based on the results of the audit of the financial (accounting) statements and other documents of the corporation. Any others federal authorities state authorities, state authorities of the constituent entities of the Russian Federation, local governments are not entitled to interfere in the activities of corporations. The GC is not required to publish these reports.

Features of the legal status of a state corporation, including the procedure for appointing a head, are established by a law providing for the creation of a state corporation (according to most of these laws, the head of the Civil Code is appointed by the President of the Russian Federation).

In the second half of 2007, the creation of various state corporations accelerated; in particular, the state corporation Fund for Assistance to the Reform of Housing and Communal Services, Russian Technologies, Rosnanotech, and Olimpstroy were created or planned to be created. The Development Bank (former VEB) was created in the form of a Civil Code. In the form of a state corporation, the "Deposit Insurance Agency" was created. A number of officials and politicians called for the creation of state corporations in the field of fisheries, housing construction, road construction, drug supply, and machine tool building. At the same time, the state "United aircraft corporation" and "United shipbuilding corporation» were created in the form of an open joint-stock company, not a group of companies.