1. By agreement of the pledgor and the pledgee, the subject of the pledge may be replaced with other property.
2. Regardless of the consent of the pledgor or pledgee, the following are considered to be pledged: 1) new property that belongs to the pledgor and was created or arose as a result of processing or other changes in the pledged property; 2) property provided to the pledgor in exchange for the subject of pledge in the event of its seizure (redemption) for state or municipal needs, requisition or nationalization on the grounds and in the manner established by law, as well as the right to demand the provision of property in return for the subject of pledge on the specified grounds; 3) property, with the exception of money, transferred to the pledgor-creditor by his debtor, in the case of a pledge of rights (claims); 4) other property in cases established by law.
3. If the replacement of the subject of pledge with other property in the case provided for in subparagraph 1 of paragraph 2 of this article occurred as a result of the actions of the pledgor committed in violation of the pledge agreement, the pledgee has the right to demand early fulfillment of the obligation secured by the pledge, and if it is not fulfilled, foreclosure on a new one subject of collateral.
4. If the pledged item is lost or damaged due to circumstances for which the pledgee is not responsible, the pledgor, within a reasonable time, has the right to restore the pledged item or replace it with other equivalent property, provided that the agreement does not provide otherwise.
The pledgor intending to exercise the right to restore or replace the pledged item must immediately notify the pledgee in writing. The pledgee has the right to refuse in writing within the period established by the pledge agreement, or, if such a period is not established, within a reasonable time after receiving notification of the restoration or replacement of the pledged item, provided that the old and new pledged items are not equivalent.
5. In the cases specified in paragraph 2 of this article, property that replaces the subject of pledge, including the right (claim), is considered to be pledged instead of the previous subject of pledge from the moment the pledgor’s rights to it arise or from the moment the right arises, with the exception of cases where, in accordance with the law, the emergence, transfer and encumbrance of rights require state registration.
The terms of the pledge agreement, as well as other agreements concluded by the parties in relation to the previous subject of pledge, apply to the rights and obligations of the parties in relation to the new subject of pledge to the extent that they do not contradict the essence (properties) of this subject of pledge.
In the event of a replacement of the subject of pledge, the seniority of the rights of the pledge holders, including those that arose before the provision of property as a replacement for the previous subject of pledge, does not change.
6. Instead of replacing the subject of pledge, the parties have the right to conclude a new pledge agreement. From the moment the pledgee has a pledge on a new pledged item, the previous pledge agreement is terminated.
7. The pledge agreement may provide for cases in which the pledgor has the right to replace the subject of pledge without the consent of the pledgee.
Commentary to Art. 345 of the Criminal Code
1. From the objective side, the crime is characterized by the abandonment of a dying warship by one of the following entities: a) a commander who has not fully fulfilled his official duties established by the Charter of Service on Navy Vessels, approved by Order of the Minister of Defense of the Russian Federation of July 22, 2010 N 999; b) by a person from the ship’s crew without a proper order from the commander.
2. The encroachment ends from the moment of the unlawful abandonment of the sinking warship.
Article 345. Threat or violence before a law enforcement agency
1. Threat of murder, violence or harm to the poor or harmed persons of the law enforcement agency, as well as to any close relatives in connection with the Vikonanny of this police officer of service obligations -
is punishable by lawful robots for up to two sentences, or arrest for up to six months, or reduction of liberty for up to three sentences, or reduction of liberty for that same sentence.
2. It is reasonable to notify the police law enforcement agency of any close relatives of beatings, light or moderate severity of bodily harm in connection with this police officer -
is punishable by reduction of will for lines up to five rocks or reduction of will for that same line.
3. Please inform the police law enforcement agency or your close relatives of grievous bodily harm in connection with this police officer -
is punishable by reduction of liberty for lines ranging from five to twelve fates.
4. Actions transferred in parts by the first, second or third part of the article, initiated by an organized group, -
are punishable by abrogation of liberty for lines ranging from seven to fourteen years.
{Article 345 as amended by Law No. 721-VII dated January 16, 2014 - having lost authority under Law No. 732-VII dated January 28, 2014; From the changes introduced pursuant to Law No. 767-VII dated 02/23/2014}
COMMENT on the resource “PROTOCOL”:
Analyze the judicial act: Supreme Court/KKS: having recognized in advance a mild violation of liberty, an individual who inflicted violence on a law enforcement agency (SC/KKS, right No. 349/1481/18, 01/30/20)
The Supreme Court at the warehouse of the panel of judges of the Cassation Criminal Court At the cassation court, having looked at this on the right at the connection with the initiative of the prosecutor, who in the cassation court put food on the appeal to the appellate court, recognition of a new review in the court of appeal, relying on the mildness of the assigned punishment that incorrectly posed art. 75 CC of Ukraine.
The court found the person guilty of committing a criminal offense under Part 2 of Art. 345 of the Criminal Code of Ukraine itself, - in the reasonable agreement of the police, the law enforcement agency, the light bodily duties are in connection with the viconnanny of the military service personnel. He was sentenced to 1 term and 6 months of release and was released upon completion of the prescribed punishment, a probationary period of 1 term was installed.
Zlochin was inflicted for the onset of circumstances - on June 27, 2021, around the year 23, 50, at the hour of the extinguishment of service bonds by two police officers, the moped was seized from the court of the condemned, which destroyed the benefits of paragraph 2.3 of Rights. silt of the road ruin. After the rest of the leg provoked a verbal super-chick, throwing an obscene husky at the police officer of the law enforcement agency, she cleverly inflicted two kicks on the policeman in the chest and the anterior vernal wall, causing a slight injury to the victim and bodily care.
Having examined the materials of the inquiry, the Supreme Court/KKS was satisfied with the prosecutor’s concern in part, and praised the appeal court on September 20, 2019 and acknowledged a new view from the appellate judge.
The Supreme Court/KKS found that, without changing the decision of the district court, the appellate court did not show respect for those that the district court did not duly motivate the defendant to discharge the assigned punishment from the trial, without indicating how the circumstances themselves dealt with information about the person of the condemned was given information about the possibility of its correction and re-conversion without isolation from marriage.
The position of respect of the appellate court has been lost and the grave carelessness of the crime committed is due to the fact that his crimes violate the normal work of the law enforcement agency, creating obstacles for the victorious officers of the appointments of their service bodies “languages, their authority is supported, their health is assumed. The perpetrator may report to the law enforcement officer due to anxiety, fear and concern for his life, health and safety, which may cause him to successfully quit the military service.
Second commentary to Art. 345 of the Criminal Code of the Russian Federation
1. The article provides for liability for the abandonment of a dying warship by two categories of military personnel: the commander of the ship and a person from the ship’s crew. In circumstances threatening the destruction of the ship, the commander, in accordance with the Naval Charter, must take all measures to save the ship, personnel, passengers and valuable military property.
2. The subjects of the crime are the commander of the ship, appointed to this position in the prescribed manner, and a person from the ship’s crew.
3. A mandatory sign of the composition is the presence of a situation threatening the destruction of the ship, as well as the ability of the commander to carry out all the actions prescribed to him. The crime is considered completed from the moment the sinking warship is abandoned.
4. Abandonment of a dying warship by the commander can be committed either intentionally or through negligence, and by a person from the crew - intentionally.
Article 345.1 of the Criminal Code of the Russian Federation. Practice and theory
Today, the danger of the spread of the “Nazism virus” is a very acute problem, which was emphasized by our President V.V. Putin.
In his speech, Vladimir Vladimirovich pointed out that “Unfortunately, the “vaccine” against the Nazi virus, developed at the Nuremberg Tribunal, is losing force in some European countries. Of particular concern in this regard is the situation in Ukraine, where an unconstitutional coup d’etat took place, the driving force of which was nationalists and other radical groups.”
In our opinion, the President’s words only partly reflect reality. The threat of Nazism is by far the most dangerous than most citizens of our country imagine. Due to the aggravated political situation around the world, we are seeing outbreaks of the “brown plague”. Fortunately, these phenomena are still local in nature, but if measures are not taken to eliminate them, then it will soon engulf not only Western countries, as it was at the beginning of the 20th century, but the whole world.
The goal of any state is to protect its history from distortion. To do this, the state has such a tool as criminal prosecution. Criminalizing attempts to revise history has at least one obvious advantage - making it clear to all citizens that these acts are clearly prohibited and can lead to very severe punishment for them.
Thus, Federal Law No. 128-FZ of May 5, 2014 supplemented the Criminal Code of the Russian Federation with Article 354.1, which established responsibility for the rehabilitation of Nazism.
This criminal law provision provides for criminal liability for denying or approving the crimes of Nazism, attempts to rehabilitate, distort or justify Nazi criminals, recognize the actions of the anti-Hitler coalition as unlawful, as well as desecration of symbols of Russia’s military glory. Its introduction is not a “spontaneous step”. Back in 2012, at the thirty-seventh plenary meeting of the Interparliamentary Assembly of the CIS Member States, by Resolution No. 37-18 dated May 17, 2012, the Model Law “On the inadmissibility of actions to rehabilitate Nazism, the glorification of Nazi criminals and their accomplices” was adopted, which was signed by the CIS member states . Its main provisions formed the basis of Art. 354.1 of the Criminal Code of the Russian Federation.
In the Criminal Code of the Russian Federation, this article is included in Section 12, Chapter 34, “Crimes against the peace and security of mankind.”
Based on the results of the study, we can safely say that in Russia there is an increasing trend in these crimes, which is an alarming factor.
During the period of introduction of Article 354.1 into the Criminal Code of the Russian Federation, 7 crimes were officially registered, six of which criminal cases were initiated. In two cases, guilty verdicts were returned.
Despite the fact that Art. 354.1 of the Criminal Code of the Russian Federation was introduced relatively recently; law enforcement officials successfully use this article today, since the legislator, when applying this norm, took into account the growth trend of these crimes. Based on the above, we see that this article is not just working, but also has very great prospects in the future.
Of course, the article is not ideal and needs a number of improvements consisting in legislative codification; we observe a number of problems that are associated with the application of this article in practice.
These problems arise not only from the theory of law, but from the practical application of this article. Based on the theory of law, we know that a norm has three components: hypothesis, disposition, sanction. As for the disposition of our article, we believe that it requires improvement and the introduction of a clear concept of “rehabilitation of Nazism” into the norm itself.
The lack of legislative recognition of the concept of rehabilitation of Nazism in the legislation of the Russian Federation may create confusion in law enforcement practice. In order for this norm to really work, in our opinion, it is necessary to give a clear definition of both the concept of Nazism and the responsibility for its rehabilitation.
To simplify the application of this article, we consider it appropriate to introduce a hypothesis in the form of a note that would contain the conditions for the application of this norm. The sanction of this article is not perfect and requires revision in the direction of toughening the punishment.
Everyone stay put!
For leaving the scene of a traffic accident in the event of grave consequences, Article 347 of the Criminal Code of the Republic of Kazakhstan declares that drivers will be punished with a fine of 1,000 MCI, or correctional labor in the same amount, or restriction of liberty for a term of up to 2 years, or imprisonment for the same term with imprisonment the right to hold certain positions or engage in certain activities for a period of up to 3 years or without it. In this case, a person who leaves the scene of a traffic accident in connection with providing assistance to victims is exempt from criminal liability under this article.
For poor-quality repairs of vehicles or putting them into operation with technical defects, resulting in harm to human health, they will be punished under Article 348 . From now on, this will result in a fine of up to 2,000 MCI, or correctional labor in the same amount, or restriction of freedom for up to 2 years, or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years. or without it. In the event of the death of the victim, employees of service stations and vehicle fleets will be imprisoned for up to 7 years with deprivation of the right to hold certain positions or engage in certain activities for up to 5 years, depending on the number of deaths. Previously, this was punishable by a fine of up to 700 MCI or sent to jail for up to 10 years.
Contents of Art. 345 TK
This article contains a single paragraph. It says that the working hours of employees of religious organizations are formed based on the regime of rituals or other similar activities of a particular organization, determined by its internal regulations.
It is also mentioned that this regime is formed taking into account the normal working hours fixed by the Labor Code.
The considered article provides for the possible impact of internal regulations on the work schedule of employees of religious structures. But it also assumes that this impact will occur within the framework provided for by the Labor Code.
