Participation in civil legal relations and responsibility for...

Participation in Civil Legal Relations and Responsibility for Obligations of the United States, US Subjects and Municipal Entities

The state can participate in civil circulation both directly , and through state legal entities created by it, namely state and municipal unitary enterprises and state-funded institutions. In this case, as a rule, the state is responsible for the debts of the legal entities created by it and controls the activities of the latter. However, not always the legal entity created by the state acts simultaneously both on its own behalf and on behalf of the state, such as the ministry or the federal agency, which in the civil turnover can represent the state, but at the same time act as independent legal entities that acquire rights and responsibilities for themselves, and not for the state.

As for public authorities, they act in civil circulation not as separate legal entities, but as special representatives of the state. So, according to clauses 1 and 2 of Art. 125 Civil Code on behalf of the United States and the United States of America can by their actions acquire and exercise property and personal non-property rights and obligations, appear in court by public authorities within their competence, established by acts that determine the status of these bodies. On behalf of municipalities, by their actions, the rights and obligations of local self-government bodies can be acquired and exercised within their competence established by the acts determining the status of these bodies. Also on behalf of the state, both the representative and executive bodies of the United States - the US Federal Assembly, the US President, the US Government - can act in civil circulation. various ministries and federal agencies, etc., as well as the corresponding bodies of state and municipal entities. In cases and in the manner prescribed by law, on behalf of the state, on its special request, any person - state bodies, local self-government bodies, legal entities and individuals (paragraph 3 of Article 125 of the Civil Code) can act.

No matter how the state participated in civil circulation - directly or through legal entities and public authorities created by it - it should be specially noted that the hierarchy principle goes to the background and the principle of equality becomes predominant, although the special regime of the state, along with individuals and legal entities, is certainly traced. Thus, the state is the owner of the property belonging to it, however, unlike individuals or legal entities, it does not possess the consciousness and will necessary to participate in civil turnover without the mediation of various state bodies, both those with legal rights and those who do not possess them. Through such bodies, the state acquires, exercises and terminates the right of ownership in respect of its property. It does not matter whether such property is assigned to any unitary enterprise or budget institution, or not. Of course, in the first case, there are some peculiarities associated with the fact that these state legal entities have independent rights to such property. The state acts as a party to transactions when they are committed by authorized persons on its behalf. At the same time, there are no restrictions on the types, content and form of transactions made by the state. Also, the state participates in relations regulated by patent law.

However, when a state becomes a party to civil law relations, it, as well as other participants in civil turnover, can be held accountable for violation of rights and interests protected by law. In Art. 126 of the Civil Code stipulates that the United States , subjects of the United States, municipalities have their own property responsibility for their obligations. However, they do not answer for each other's obligations, as well as for the obligations created them legal entities. Thus, state legal entities are responsible independently for causing harm to them. However, in paragraph 6 of Art. 126 of the Civil Code provides for the exclusion, according to which this rule does not apply to cases where the United States has assumed a guarantee (surety) for the obligations of a US entity, municipal entity or legal entity, or the said entities assumed a guarantee for the obligations of the United States. In addition, the state is responsible for the harm caused to a citizen by the actions of officials of the bodies of inquiry, preliminary investigation, the prosecutor's office and the court, regardless of their guilt. The responsibility of the state comes in cases of unlawful conviction, unlawful criminal prosecution, unlawful use of detention as a preventive measure or a pledge not to leave the country, unlawful administrative seizure in the form of arrest or correctional labor and in other cases.

Losses caused to a citizen or a legal entity as a result of illegal actions (inaction) of state bodies, local governments or officials of these bodies, including publication of an act of a state body or local government that does not comply with a law or other legal act, are subject to reimbursement The United States, the relevant US entity or municipal entity (Article 16 of the Civil Code). According to Art. 16.1 CC in cases and in the manner prescribed by law, damage caused to the person or property of a citizen or property of a legal entity by lawful actions of state bodies, local governments or officials of these bodies, as well as other persons to whom the state delegated authority, is compensable . Also according to Art. 306 Civil Code of the state comes in the event that the United States adopts a law that terminates the right of ownership. Losses caused to the owner as a result of the adoption of this act, including the value of property, are reimbursed by the state, and disputes on damages are resolved by the court.

The specifics of the responsibility of the United States and the subjects of the United States in relations governed by civil legislation, with the participation of foreign legal entities, citizens and states are determined by the law on the immunity of the state and its property (Article 127 of the Civil Code).

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