Development of law. Codification of legislation, Civil...

Development of law. Codification of legislation

The transition in 1921 - 1922 years. to peaceful construction caused the urgent need to settle new social relations by the rules of law, as well as the need to systematize the already existing legislation. It was necessary to stop the practice of the Civil War, when normative acts were often adopted by bodies without proper authority. In this connection, the RSFSR publishes the Labor Code (1922), the Civil Code (1922), the Criminal Codes (1922 and 1926), the Land Code (1922), the Criminal Procedural Codes (1922) and 1923), the Civil Procedure Code (1923), the Corrective Labor Code (1924), the Marriage and Family Code (1926). There were also other summary acts that did not have the name "Code": Regulations on the Judiciary (1923), Regulations on Local Finance (1923), etc. Codes were also created in the Union republics. They were based on relevant all-union acts and codes of the RSFSR, but taking into account local peculiarities. Thus, the new criminal codes were enacted: in the Ukrainian SSR - in 1927, in the BSSR - in 1928, in the Armenian SSR - in 1927, in the Georgian SSR - in 1928, in the Uzbek SSR - in 1926 g.

Work was carried out aimed at systematization of legislation. In 1928, the NKJ of the RSFSR prepared a list of normative acts that had become invalid. A collection of existing laws was also prepared and published. The decision to broaden the codification of the legislation of the RSFSR was not carried out: only the Chronological Assembly of existing laws was actually published.

The systematization of legislation was carried out at the level of the USSR. In 1926 a systematic collection of existing laws of the USSR was published, including some acts of the RSFSR, published before the formation of the USSR. The meeting was to have periodic additions, which, however, was not carried out (except in 1927). In 1927, the Codification Commission was formed, which was entrusted with the creation of the Code of Laws of the USSR. The latter had to contain only the acting acts in a systematized form. The draft Code was not approved, but various consolidated acts of all-Union significance were issued: the Code of Merchant Shipping, the Tariffs Code, the Charter of Inland Water Transport, etc.

Civil law.

The transition to NEP required a serious update of the legislation, a combination of the principles of Soviet and bourgeois law. Already in March 1921, the Central Executive Committee of the RSFSR adopted the Decree on "Replacement of the food and raw materials by the natural tax", according to which the farmers received the right to fully dispose of the products of their labor, though after they paid all taxes. Decree of May 21, 1921 "On the Exchange" free sale and purchase, exchange of agricultural products, lease of state enterprises for legal entities and individuals. Citizens were officially entitled to organize small-scale enterprises.

At the same time, there was completely no regulatory framework for the implementation of private economic activity, as well as for the activities of state-owned enterprises in the new conditions. As an interim measure, prior to the publication of the Civil Code, on May 22, 1922, the All-United States Central Executive Committee adopted the Decree "On the main private property rights recognized by the RSFSR, protected by its laws and protected by the RSFSR courts". According to the Decree, citizens and business associations were given the opportunity to own non-municipal housing estates, the right to develop and own various types of enterprises. The Decree enumerated various types of contracts that could be concluded by subjects of civil-law relations: purchase and sale, loans, loans, contracts, insurance, etc.

In parallel, the development of the Civil Code continued. This task was dealt with by the Commission of the NKJ in the composition of A. G. Gohkhbarg and N. I. Bernstein. The revised draft commission was adopted by BI I. And by October 31, 1922, the Code was a compromise, trying to combine bourgeois and socialist law, and had some significant flaws. In this regard, it was assumed that the Code was adopted for a period of time - until 1925. In reality, it operated for several decades. In the development of the provisions of the Civil Code on April 10, 1923, the Decree of the All-United States Central Executive Committee and the SEC "On State Industrial Enterprises Operating on the Basis of Commercial Calculation (Trusts)" was adopted.

The Civil Code of the RSFSR in 1922 consisted of 435 articles. He granted civil legal capacity to all citizens able to have civil rights and obligations, not limited by the court of law. This meant that persons deprived of political rights, however, fully enjoyed civil legal capacity. The right of citizens to move freely around the country, to choose classes and professions, to enter into obligations and make deals was confirmed. Civil capacity emerged from the age of 18. Minors who reached the age of 14 could dispose of their wages. The Code only protected property rights, the protection of personal non-property rights was not secured in its text.

Legal entities under the Civil Code were associations of individuals, institutions or organizations that can acquire property rights, enter into obligations, seek and answer in court. The rights of foreign citizens were regulated by special international agreements, foreign joint-stock companies and partnerships acquired the rights of a legal entity only with the special permission of the government. In practice, there were mixed legal entities in the capital of which the state and private investors participated.

State enterprises and their associations, transferred to self-financing, were responsible for their debts only with their property. The Code did not solve the issue of types of legal entities with sufficient certainty. It referred to partnerships (complete, faith, limited liability, as well as simple partnerships) and joint-stock companies (mutual partnerships). A partnership was recognized as a full partnership, all participants of which are engaged in relevant activities under a common firm and are responsible for the obligations of the partnership in solidarity with all their property. The partnership on faith differed in that there were also fellow investors, whose responsibility was limited to their contributions. In a partnership with limited liability, comrades were liable for the obligations of the partnership not only with their contributions, but also with personal property in the same ratio for all of them (threefold, fivefold, tenfold) to the amount of the contribution of each comrade. Limited partnerships could only be established in those branches of the national economy in which they were expressly permitted by law. The provision on the last form of the partnership was clearly aimed at increasing the liability of its participants and limiting the use of such a convenient form for entrepreneurs. A joint-stock (or unitary) company (partnership) was a partnership that was founded by a special name or firm with fixed capital divided into a certain number of equal parts (shares), and for the obligations of which only the property of the company is responsible. However, joint-stock companies could be created only after the approval of their statute of SRT, and in case of granting a concession - SNK of the RSFSR. The basic capital of such a company was determined by the sum of less than 100 thousand gold rubles.

Apparently, the legislator took measures aimed at increasing state control over private companies, limiting the most profitable businesses to their forms of activity: joint-stock companies and limited partnerships.

The property withdrawn from civil circulation was: land (only land was allowed), nationalized and municipalized enterprises, railways, nationalized and municipalized buildings, nationalized ships. However, this property could be leased to private and legal entities. The Code singled out the following types of property: state (nationalized and municipalized), cooperative, private. Land, bowels, forests, waters, railways and aircraft could only be owned by the state. The division of property into movable and immovable was abolished.

The subject of private property could be non-municipal buildings, enterprises, etc. Non-municipalized were residential buildings. In 1921 - 1924 years. The buildings with useful area of ​​up to 25 square fathoms (about 125 m) were dematerialized, in Moscow - up to 50 square fathoms. Decree of the All-United States Central Executive Committee and Council of People's Commissars on August 21, 1924 allowed the transfer to private ownership of buildings that needed major repairs: in county towns up to 25 square fathoms, in provincial cities - up to 50 square fathoms, Moscow and Leningrad - up to 100 square fathoms. However, the Decree of the Council of People's Commissars of the RSFSR, adopted on August 8, 1921, provided for a restriction according to which one person could not have more than one household. The decrees of the All-United States Central Executive Committee and the Council of People's Commissars of 1921 limited the number of employees working in private enterprises to 20 workers. However, state-owned enterprises and those with a larger number of employees could be privately owned on the basis of concession (permission), "solicited" from the government.

It should be noted that the Code did not yet know the concept of personal property of citizens. It was officially fixed only in the 1930s, and, apparently, was a somewhat politicized concept, since private property is not always used to extract "unearned" income and exploitation of someone else's work, and personal property in the Soviet era could be used to extract income, however, without using someone else's labor and with serious restrictions.

The Soviet state could not contain the entire housing stock, so it went to its partial dematerialization. The state did not have the means for new housing and other construction. In order to solve this problem, the Civil Code enshrined the right of development for legal entities and individuals on urban land. The construction contract was for up to 49 years for brick buildings and up to 20 years for other buildings. After the expiration of this period, the owner of the land (state, municipality) received the ownership of the building erected by the developer.

The Civil Code referred to transactions as actions aimed at establishing, changing or terminating civil legal relations. Transactions could be unilateral and reciprocal (contracts), be made either verbally or in writing. Written transactions were divided into simple, attested and notarial. The transaction was null and void in the event of its conclusion for a purpose contrary to the law, or bypassing the law, and also in the case of its orientation to obvious damage to the state. The court could at

know the transaction is invalid, if it was concluded under the influence of extreme need in clearly unprofitable conditions.

Obligations could arise out of a contract, causing harm, unjust enrichment, and "other grounds indicated in law". The Code contained a list and terms of a number of contracts: property hiring, purchase and sale, exchange, gift, loan, contract, guarantee, commission, simple partnership, insurance. Soviet practice recognized only those treaties that were known to the law in force, i. there was no principle "allowed to conclude any contract, if it does not contradict the general requirements . The contract concluded for the amount of more than 500 rubles. gold, was to be in writing.

The contract of sale of the residential building could be carried out on the condition that the buyer, his wife and minor children did not have two or more buildings and they could not alienate more than one building within three years. The loan agreement allowed the collection of interest, but usury (collecting interest for the money in the form of fishing and over the allowed) was prohibited by criminal law.

Inheritance was allowed by law and testament, but the hereditary mass could not have a value in excess of 10 thousand gold rubles. The exception was allowed only for property and rights based on rental, concession and built-up contracts, where the rule on the marginal value of the property did not apply. The heirs (according to the law and the will) could only be persons specified in the Civil Code: surviving the deceased spouse, children, grandchildren, great-grandchildren, and disabled and indigent persons who were in fact fully supported by the deceased not less than one year before his death. All heirs under the law received equal shares, according to the testament, the testator could redistribute the size of these shares among the heirs, deprive one, several or all heirs of the inheritance.

The gradual departure from the principles of NEP led to changes in civil law. So, in 1928, the Plenum of the Supreme Court of the RSFSR ruled that, on claims for demanding state property, the limitation period was not applied at all. In disputable situations, a presumption of state ownership of the disputed property was established. From 1926 the right of self-supporting state trusts to dispose of the property entrusted to them was narrowed. The alienation of the fixed assets of the trust required the permission of the relevant state bodies. Since 1929, the main link in the industry has been to recognize the enterprise.

Planned in the work of state-owned enterprises. The contract was dependent on the plan. In 1926-1927 years. the practice of concluding general and local contracts arose. The first were concluded between the higher state organizations, the second - the middle and lower levels of the economic system in fulfillment of the former. Agreements between citizens begin to be concluded only in the sphere of small household services. Gradually, contract contracts were concluded with the participation of individuals and companies.

Published in 1928, the Fundamentals of copyright law of the USSR provided that the copyright, as a rule, belongs to the author for life, and after the death of the latter passes to his heirs for a period of 15 years.

In 1926, the maximum of inheritance and donation (property worth no more than 10 thousand gold rubles) was canceled. By the end of the period, with the liquidation of private enterprises, the problem of a large inheritance disappeared of itself. In 1928, the RSFSR introduced a rule that regulated the inheritance of minors and disabled heirs: they received the right to an obligatory share in the inheritance, regardless of the provisions of the will. The share was set at a rate of < 4 from the size that would be due to the heir when legacy is exercised.

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