Property rights are a set of rights to own, use and dispose of one’s property at one’s own discretion. The law protects not only the rights of the owner, but also persons who, not being the owners of property, are its legal owners with the right of lifelong inheritance, management, and economic management. This right can be violated, either through acquisition or without it. Forms of ownership: private, state, municipal.
Crimes against property are intentional and careless acts provided for by the Criminal Code of the Russian Federation, associated with a violation of the right of ownership, or causing damage to the owner or creating a threat of causing property damage.
AN OBJECT:
1) generic is a group of social relations that regulate the normal functioning of the Russian economy;
2) specific – the relationship of ownership as a whole and separately;
3) direct - relations of a specific form of ownership, in a number of attacks on the interests of the individual.
An object is an object of the material world into which human labor is invested (values, property, money).
Its signs:
1) material - an object has a certain physiological form (energy and intellectual property cannot be;
2) economic – human labor is invested and has a certain value;
3) legal - a subject foreign to the guilty person.
Item categories:
1 - inventory items (have economic properties: valuable, cost);
2 – flora and fauna;
3 – precious stones and metals;
4 – documents (having history, cult and artistic value).
They cannot be badges, numbers in locker rooms.
The objective side is active actions. Exceptions: in case of careless destruction or damage to property. By design - material, except for robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle (Article 166).
The subject is a person over 14 years of age. Exception: from 16 years old - Art. 160, 159, 167.
The subjective side is guilt in the form of direct intent, with the exception of Art. 168 (by negligence). The motive and goal are usually not specified: self-interest (a mandatory sign of the subjective side. There are no emotions.
Classification:
— theft (theft, fraud, embezzlement, misappropriation, robbery, robbery);
- no signs of theft (extortion);
— disinterested encroachment on property (destruction of property through negligence).
Deliberate destruction of property – with a mercenary motive (destruction of a rival’s store).
Theft: concept, forms and types.
Theft is the illegal gratuitous seizure and (or) conversion of someone else's property in favor of the culprit or other persons, committed for selfish purposes, causing damage to the owner or other holder of this property.
Subject – property that has the characteristics of a thing and has economic value.
A thing is an object of the material world, therefore the subject of theft is always material. It has a complex nature - first the seizure, and then the conversion in favor of the guilty person of someone else’s property.
Confiscation is the unlawful removal by the perpetrator of property from the possession of the owner while simultaneously taking it into his own possession. Only theft in the form of misappropriation or embezzlement is committed by one action - only the circulation of someone else's property, because it was already under his jurisdiction before that.
Signs: illegality, gratuitousness, causing real damage to the owner, lost profits are not taken into account.
The objective side is only direct intent and selfish purpose.
FORMS:
1) Theft is the secret theft of someone else's property.
The objective side is a type of theft committed in a wide variety of ways; as a result, the owner loses the opportunity to use and dispose of his property at his own discretion, while the person uses someone else’s property in order to extract his own personal benefit from it.
The method is non-violent seizure.
The subject is a person over 14 years of age.
The subjective side is guilt in the form of direct intent. Motives: self-interest, revenge, hooliganism. The corpus delicti is material (the crime is considered completed from the moment the guilty person receives the opportunity to dispose of the stolen property at his own discretion).
Qualifying features:
— by a group of persons by prior conspiracy;
- with illegal entry into a premises or other storage facility (these are utility premises separated from residential buildings, areas of territory, pipelines that are intended for storing material assets);
— causing significant damage;
- from clothes, a handbag that was with the victim.
2) Fraud is the theft of someone else’s property or the acquisition of rights to someone else’s property through deception or abuse of trust. In this case, the victim voluntarily transfers property, mistakenly believing that the perpetrator has a right to it.
The subjective side is guilt in the form of direct intent (the perpetrator realizes that he is misleading or knowingly using the trust of the victim, and sincerely desires the criminal result to occur.
The subject is a person over 14 years of age.
Qualifying features:
— by a group of persons by prior conspiracy;
— causing significant damage;
- using your official position;
- an organized group.
3) Embezzlement is theft, characterized by the unlawful seizure and retention of someone else’s property that was entrusted to the perpetrator.
Embezzlement is an independent form of theft, consisting of illegal alienation and expenditure of entrusted property.
The objective side is the very fact of misappropriation or embezzlement, the theft of someone else’s property entrusted to the culprit.
The subjective side is guilt in the form of direct intent, the motive is making profit at someone else’s expense.
The subject is special.
Qualifying features:
— by a group of persons by prior conspiracy;
— causing significant damage;
- using your official position;
- by an organized group or on a particularly large scale.
4) Robbery – i.e. open theft of someone else's property.
The objective side is the open nature of taking possession of someone else’s property, i.e. in full view of other persons. It is considered completed from the moment of taking possession of someone else’s property and gaining the opportunity to dispose of it.
The subjective side is guilt in the form of direct intent. Motives: self-interest, revenge, hooliganism.
The subject is a person over 14 years of age.
5) Robbery - an attack for the purpose of stealing someone else’s property, committed with the use of violence dangerous to life or health, or with the threat of its use. This is the most dangerous form of theft.
The objective side is the open seizure of someone else’s property with the use of violence against the victim, physical violence.
The corpus delicti is formally truncated (criminal liability occurs at the initial stage of the crime, i.e. in the event of an open attack).
The subjective side is guilt in the form of direct intent (realizes and desires).
The subject is a person over 14 years of age.
Defense in cases of crimes against property
In most cases, the tactics of defense and behavior correctly chosen at the initial stage of the investigation, subsequently expressed in the testimony of the client, given by him to the investigator during interrogation as a suspect and accused, often predicts the outcome of the entire criminal case and allows the lawyer to achieve the necessary and favorable outcome for the client. Protection for crimes against property is necessary from the very initial stage of criminal prosecution, starting with verification in accordance with Art. Art. 144-145 of the Code of Criminal Procedure of the Russian Federation, and if you learned about criminal liability during your arrest, then from that moment, as quickly as possible, provide yourself or your relative with the protection of a lawyer. To contact a lawyer, call the phone number listed on the website.
Causing property or other damage not related to theft.
Article 163. Extortion. Extortion is a crime that infringes on someone else's property.
The subject of the crime may be property, the right to property or actions of a property nature.
The objective side is characterized by extortion, which consists in the demand:
— transfer of someone else’s property;
— rights to property;
— performing other actions of a property nature.
The demand must be made under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives.
Extortion is complete from the moment a demand is made for the transfer of property under the threat of harm to the victim or his relatives. As extortion under the threat of dissemination of information disgracing the victim or his relatives, one should qualify the demand for the transfer of property, accompanied by the threat of disclosure of information about the offense committed by the victim or his relatives, as well as other information, the disclosure of which may damage the honor and dignity of the victim or his relatives. In this case, it does not matter whether the information, under the threat of disclosure of which the extortion is committed, is true.
Extortion can be committed:
- using violence that is not dangerous to life and health,
- beatings, infliction of minor bodily injury that did not entail a short-term health disorder or minor permanent loss of ability to work, as well as other violent actions associated with causing physical pain to the victim or restricting his freedom, if this did not create a danger to life and health;
- with the use of violence dangerous to life and health,
- infliction of less serious bodily injury or minor bodily injury on the victim, resulting in a short-term health disorder or minor permanent loss of ability to work, as well as other violence, which, although it did not cause the specified harm, at the time of application created a real danger to the life and health of the victim.
Mandatory elements of the subjective side of a crime are guilt in the form of direct intent and selfish purpose.
The subject of the crime is common.
When deciding the issue of distinguishing robbery and robbery from extortion , combined with violence, the courts should take into account that if in robbery and robbery violence is a means of taking possession of property or retaining it, then in extortion it reinforces the threat. The seizure of property during robbery and robbery occurs simultaneously with the commission of violent acts or immediately after their commission, while in extortion the intent of the perpetrator is aimed at obtaining the required property in the future.
At the same time, it should be borne in mind that if extortion is associated with the direct seizure of the victim’s property, then in the presence of a real set of crimes, these actions should be additionally qualified, depending on the nature of the violence used, as robbery or robbery.
Article 166. Wrongful taking of a car or other vehicle without the purpose of theft (Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.12.2008 N 25 On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their wrongful taking without purpose of theft).
The direct object is the right of ownership.
The subject of the crime is a car or other vehicle (trolleybuses, as well as tractors and other self-propelled vehicles, motorcycles and other mechanical vehicles). In this case, these vehicles must be someone else’s and the offender must not have the right to use or dispose of them. The unauthorized use of a vehicle by any member of the owner’s family or other persons who were previously allowed to take the car, without requiring additional consent of the owner, does not constitute a crime.
The objective side is theft - the illegal temporary possession of a car or other vehicle without the purpose of theft.
Wrongful possession of a vehicle without the purpose of theft should be understood as the seizure of vehicles and driving them. Taking possession of a car or other vehicle (theft) is expressed in the secret or open removal of it from its location (parking). The vehicle can be located in any place established by its owner or authorized person: in a garage, car park, on the street, on the territory of an enterprise, etc. Parking can be permanent or temporary. The actions of a person who unauthorizedly used it cannot be qualified as unlawful taking of a vehicle if this person is a regular driver of this vehicle.
Wrongful seizure of a vehicle without the purpose of theft is a completed crime from the moment the vehicle leaves the place where it was located. It does not matter how far the vehicle was driven or how long the culprit used it. Theft can be carried out either using the engine or by moving the vehicle manually. Cases where the car is moved within the parking lot or moved to the side due to the interference it creates do not constitute theft. The crime does not require the occurrence of any harmful consequences.
The subjective side is direct intent and lack of purpose for theft. When establishing intent to steal a vehicle, the person’s actions must be qualified under the relevant articles of the Criminal Code of the Russian Federation, which provide for liability for crimes against property. Additional qualification of these actions under Art. 166 of the Criminal Code of the Russian Federation is not required, since unlawful seizure of a vehicle is in such cases a method of theft.
Qualifying features:
1) according to Part 2 of Art. 166 of the Criminal Code of the Russian Federation - commission of an act:
— by a group of persons by prior conspiracy;
- with the use of violence that is not dangerous to life or health, or with the threat of such violence;
2) according to Part 3 of Art. 166 of the Criminal Code of the Russian Federation - commission of an act provided for in parts 1 and 2;
— an organized group;
- causing particularly large damage;
3) according to Part 4 of Art. 166 of the Criminal Code of the Russian Federation - committing an act provided for in parts 1, 2, 3, with the use of violence dangerous to life or health, or with the threat of using such violence.
Article 167. Intentional destruction or damage to property (Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/05/2002 N 14 On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire).
The Criminal Code of the Russian Federation names two types of destruction or damage to property:
— intentional destruction or damage to property (Article 167 of the Criminal Code of the Russian Federation);
— destruction or damage to property due to negligence (Article 168 of the Criminal Code of the Russian Federation).
The direct object of these crimes is property rights.
The subject of the crime is someone else's property.
Intentional destruction or damage to another's property.
The objective side consists of three mandatory elements:
- an act involving the destruction or damage of someone else’s property;
— consequences in the form of significant damage;
- a causal connection between actions and the resulting consequences.
When property is destroyed, it ceases to exist completely and cannot be restored, and if damaged, the property remains, it can be restored, but significant damage was caused to the owner by damage to his property.
Significant damage caused to a citizen as a result of destruction or damage to someone else's property is determined taking into account his property status, but cannot be less than two thousand five hundred rubles. Intentional destruction or damage to someone else's property by arson entails criminal liability under Part 2 of Art. 167 of the Criminal Code of the Russian Federation only in the case of actual infliction of significant damage to the victim.
If, as a result of the arson of one's own property, significant damage was caused to someone else's property or to property that was the joint property of the culprit of the fire and other persons, the actions of such a person, who wanted the specified consequences to occur or did not want them, but consciously allowed them or treated them indifferently, should be qualified as intentional destruction or damage to someone else's property by arson (Part 2 of Article 167 of the Criminal Code of the Russian Federation).
Grave consequences caused by negligence as a result of intentional destruction or damage to property include, in particular:
- negligent infliction of serious harm to the health of at least one person or infliction of moderate harm to the health of two or more persons;
— leaving victims without housing or means of subsistence;
— long-term suspension or disorganization of the work of an enterprise, institution or organization;
- disconnection of consumers from life support sources - electricity, gas, heat, water supply, etc.
Destruction or damage to property due to negligence.
The objective side of the crime is the destruction or damage of someone else’s property on a large scale. Large size is the value of property exceeding two hundred and fifty thousand rubles. Methods of destroying or damaging someone else's property are careless handling of fire or other sources of increased danger (vehicles, machinery, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc.).
Careless handling of fire or other sources of increased danger may include improper handling of ignition sources near flammable materials, or operation of technical devices with unrepaired defects.
The subject of these crimes is common.
General characteristics of crimes against property
Note 1
Crimes against property are unlawful intentional or careless socially dangerous acts provided for by the Criminal Code (Chapter 21, Articles 158-168), encroaching on someone else’s property and/or causing material damage to the owner.
Property relations are the most important component of the activities of any citizen and individual, state and society. Criminal legislation attaches great importance to the protection of property. Particularly important are issues related to crimes against property, which is due to the increasing frequency of such crimes, the significant volume of property losses, and, as a consequence, the frequency of application of legal norms providing for liability for crimes of this category.
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Problems related to ensuring the inviolability of property, legal rights and interests of citizens are largely aggravated by social tension and the impoverishment of a significant part of the population.
The social danger of this group of crimes is due to the fact that they violate the relationship of belonging of a certain thing to the owner, who loses possession of the thing and therefore suffers property (material) damage and is deprived of the opportunity to extract useful properties from the thing. The owner loses the opportunity to resolve issues regarding the functioning of the property owned by him.
Crimes against property damage the subjective right of property - the legal content of property relations. Criminal acts violate this right, which provides the subject with general legal power over the property owned. The owner cannot practically exercise powers in relation to property that has ceased to be in possession.
Crimes in the sphere of business activity.
The Russian Federation guarantees the unity of the economic space, the free movement of goods, services and financial resources, support for competition, and freedom of economic activity (Part 1 of Article 8 of the Constitution of the Russian Federation).
Freedom of enterprise and other economic activities not prohibited by law is proclaimed in Part 1 of Art. 34 of the Constitution of the Russian Federation. The rules on liability for crimes in the field of economic activity are focused on protecting the freedom of entrepreneurial activity and the diversity of its organizational and legal forms, protecting entrepreneurship from unfair competition and monopolism, protecting the rights of consumers of goods and services, and protecting the financial interests of the state.
The specific object of this group of crimes is social relations that arise regarding the production, distribution, exchange and consumption of material goods and services. Criminal law protects normal economic activity in general. Certain norms of the law have a direct object of specific social relations that develop in the process of functioning of a certain sphere of economic activity. When a number of such crimes are committed, harm is caused to the material interests of citizens.
The economic activities of business entities take place in various spheres: entrepreneurship, monetary, financial, trade, provision of services to the population, etc. The classification of crimes in the sphere of economic activity is carried out according to the direct object, which is determined by the sphere in which these crimes are committed.
Based on this criterion, it is customary to distinguish four groups of crimes.
1. Crimes in the field of business and other economic activities:
Article 169. Obstruction of legal business or other activities;
Article 170. Registration of illegal transactions with land;
Article 170.1. Falsification of the unified state register of legal entities, the register of securities owners or the depository accounting system;
Article 171. Illegal entrepreneurship (Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 18, 2004 N 23. On judicial practice in cases of crimes provided for in Article 171 of the Criminal Code of the Russian Federation);
Article 171.1. Production, acquisition, storage, transportation or sale of unlabeled goods and products;
Article 171.2. Illegal organization and conduct of gambling;
Article 172. Illegal banking activities;
Article 173.1. Illegal formation (creation, reorganization) of a legal entity;
Article 173.2. Illegal use of documents for the formation (creation, reorganization) of a legal entity;
Article 174. Legalization (laundering) of funds or other property acquired by other persons through criminal means (Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 18, 2004 N 23. On judicial practice in cases of crimes provided for in Article 174 of the Criminal Code of the Russian Federation);
Article 174.1. Legalization (laundering) of funds or other property acquired by a person as a result of committing a crime (Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 18, 2004 N 23. On judicial practice in cases of crimes provided for in Article 174.1 of the Criminal Code of the Russian Federation);
Article 175. Acquisition or sale of property known to have been obtained by criminal means;
Article 176. Illegal receipt of a loan;
Article 177. Malicious evasion of repayment of accounts payable;
Article 178. Prevention, restriction or elimination of competition;
Article 179. Coercion to complete a transaction or to refuse to complete it;
Article 180. Illegal use of a trademark (Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 26, 2007 N 14 On the practice of courts considering criminal cases regarding the illegal use of a trademark);
Article 181. Violation of the rules for the manufacture and use of state hallmarks;
Article 183. Illegal receipt and disclosure of information constituting commercial, tax or banking secrets;
Article 184. Exercising unlawful influence on the result of an official sports competition or spectacular commercial competition;
Article 185. Abuses in the issuance of securities;
Article 185.1. Malicious evasion of disclosure or provision of information specified by the legislation of the Russian Federation on securities;
Article 185.2. Violation of the procedure for recording rights to securities;
Article 185.3. Market manipulation;
Article 185.4. Obstruction of the exercise or illegal restriction of the rights of securities holders;
Article 185.5. Falsification of a decision of the general meeting of shareholders (participants) of a business company or a decision of the board of directors (supervisory board) of a business company;
Article 185.6. Illegal use of insider information;
Article 186. Production, storage, transportation or sale of counterfeit money or securities (Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 28, 1994 N 2. On judicial practice in cases of production or sale of counterfeit money or securities);
Article 187. Production or sale of counterfeit credit or payment cards and other payment documents;
Article 189. Illegal export from the Russian Federation or transfer of raw materials, materials, equipment, technologies, scientific and technical information, illegal performance of work (provision of services) that can be used in the creation of weapons of mass destruction, weapons and military equipment;
Article 190. Failure to return cultural property to the territory of the Russian Federation;
Article 191. Illegal trafficking in precious metals, natural precious stones or pearls;
Article 192. Violation of the rules for the delivery of precious metals and precious stones to the state;
Article 193. Evasion of obligations to repatriate funds in foreign currency or the currency of the Russian Federation;
Article 193.1. Carrying out currency transactions to transfer funds in foreign currency or the currency of the Russian Federation to the accounts of non-residents using forged documents;
Article 194. Evasion of customs duties levied on an organization or individual;
Article 195. Illegal actions in bankruptcy;
Article 196. Intentional bankruptcy;
Article 197. Fictitious bankruptcy;
Article 198. Evasion of taxes and (or) fees from an individual (Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 28, 2006 N 64 On the application by courts of criminal legislation on liability for evasion of taxes and fees.);
Article 199. Evasion of taxes and (or) fees from an organization (Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 28, 2006 N 64. On the application by courts of criminal legislation on liability for tax evasion.
Object and subject of crimes against property
In criminal law science, questions about the object of theft and other selfish crimes against property still remain controversial. Most researchers believe that the direct object coincides with the specific object. The legislation of the Russian Federation provides for equal protection of different forms of property. To assess the act as a criminal act, the subject of ownership does not matter.
Finished works on a similar topic
Course work General characteristics and types of crimes against property 460 ₽ Abstract General characteristics and types of crimes against property 280 ₽ Test work General characteristics and types of crimes against property 200 ₽
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Various researchers consider the object of theft as:
- economic category;
- ownership;
- property interest;
- property.
The object of a crime against property is a legal and economic category. Since the property relations existing in society are actually fixed and protected by norms regulating relations between subjects related to issues of ownership, disposal and use of property, when a criminal act against property is committed, they can be violated in the same way as the relations by which they are regulated.
Property is a specific object of crimes under the Criminal Code (Chapter 21). The generic object is the relationship that ensures the normal functioning of the state’s economy. Some authors believe that social relations regulating the economic sphere must be considered as a complex object that forms 2 or more generic objects (including property).
The Criminal Code includes property as the subject of crimes. Fraud has the right to property, extortion - other actions of a property nature. Property (as the subject of a crime) is an object (thing) of the material world that has a certain value and in relation to which property relations exist.
Signs of property:
- The physical sign of property is objects of the external world, accessible to objective perception, defined in space, having volume, mass, density.
- The economic sign indicates that property (as an item of property) can be any thing that has value, which is expressed in value. Securities (checks, bills, bonds, savings books, savings certificates, shares, etc.), money have economic value.
- Legal sign. The subject of a crime can only be someone else's property that is in legal possession or ownership.
Note 2
The subject of the crime can be real and movable property. Real estate refers to the subject of misappropriation or embezzlement, fraud, damage, destruction of property, extortion.
Crimes in the field of credit relations.
Article 176. Illegal receipt of a loan
1. Obtaining by an individual entrepreneur or the head of an organization of a loan or preferential terms of lending by providing a bank or other creditor with knowingly false information about the economic situation or financial condition of the individual entrepreneur or organization, if this act caused large-scale damage, is punishable by a fine of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by compulsory work for a term of up to four hundred eighty hours, or by forced labor for a term of up to five years, or by arrest for a term of up to six months, or by imprisonment for a term of up to five years. (as amended by Federal Law dated December 7, 2011 N 420-FZ) (see text in the previous edition)
2. Illegal receipt of a state targeted loan, as well as its use other than for its intended purpose, if these acts caused major damage to citizens, organizations or the state, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person. for a period of one to two years, or restriction of freedom for a period of one to three years, or forced labor for a term of up to five years, or imprisonment for the same term. (as amended by Federal Laws of December 8, 2003 N 162 -FZ, dated 03/07/2011 N 26-FZ, dated 07/12/2011 N 420-FZ) (see text in the previous edition)
Article 177. Malicious evasion of repayment of accounts payable. Malicious evasion by the head of an organization or a citizen from repaying accounts payable on a large scale or from paying for securities after the relevant judicial act has entered into legal force - is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years. (as amended by Federal Law No. 420-FZ of December 7, 2011) payment of taxes and fees); and etc.
Concept and content of property rights
1.
It is necessary to distinguish between property as an economic category and property rights.
Property as an economic category
characterizes relations in society between subjects regarding material goods that are necessary for the existence of any society. These are certain economic relations that are subject to legal formalization.
Ownership
is the most important property right.
Like any property right, it is absolute
, since the owner (authorized person) is precisely known, all other persons act as obligors in relation to the owner. Along with other features of a property right, property rights are characterized by such a feature as an indefinite nature.
2. In an objective sense
ownership is a set of legal norms governing relations regarding the appropriation and ownership of material goods to a certain person or persons, the exercise by the owner of the powers of ownership, use and disposal of a thing by his own will and in his own interest, regardless of other persons.
In a subjective sense
The right of ownership is the legally enforceable ability of the owner to own, use and dispose of the thing belonging to him.
The powers of possession, use and disposal belonging to the owner of a thing constitute the content
property rights (Article 209 of the Civil Code).
3.
The right of
possession
is the legally secured ability of the owner to possess a thing, to have it physically, to dominate over it.
The right of possession must be distinguished from the actual possession of a thing. The owner of a thing can transfer it into the possession of another person, for example, rent it out. Such ownership will also be legal, since it is based on a certain legal basis - title. Possession of a thing not based on a specific title should be considered illegal.
Right of use
- this is a legally secured possibility of extracting its useful properties from a thing. The owner of a thing exercises the right to use the thing, taking into account its specific consumer properties. The owner of a thing can use it for his own interests. Thus, the owner wears clothes, eats food, and lives in residential premises that belong to him. The owner can transfer the thing for use to other persons. So, in accordance with Art. 30 of the Housing Code, the owner of a residential premises has the right to transfer it for use to other persons on the basis of a rental agreement, free use or on other legal grounds.
Power of order
- this is a legally secured opportunity to determine the legal fate of a thing. The owner can exercise the power to dispose of a thing belonging to him by performing both legal and actual actions. Legally significant actions (legal acts) include the execution by the owner of transactions aimed at alienating a thing, such as, for example, purchase and sale, donation. If the owner destroys a thing, then this also means determining the fate of the thing. The destruction of a thing during its consumption terminates the legal relationship of ownership.
The right to dispose of a thing may also belong to the non-owner. So, in accordance with Art. 76 of the Housing Code, the tenant of a residential premises under a social tenancy agreement, with the consent of the landlord and family members living together with him, has the right to transfer it for temporary use under a sublease agreement. But the non-owner is never given the right to dispose of the thing in full.
4.
The current legislation, having granted the owner these powers, also establishes the limits of their exercise. The limits of property rights are the boundaries established by law for the exercise of property rights: “The limits are objective in the sense that they do not depend on the will of the owner and other persons, but are provided for by law... no legal system can do without the proclamation of general rules and the establishment of exceptions to these rules." For example, in accordance with Art. 30 of the Housing Code, the limits of the exercise of ownership of residential premises include the need to use it only for its intended purpose, the inadmissibility of mismanagement of residential premises, the need to respect the rights and legitimate interests of neighbors, the rules for the use of residential premises, the rules for maintaining the common property of the owners of premises in an apartment building. The owner of a land plot can sell it, donate it, pledge it and dispose of it in any other way insofar as the relevant lands are not excluded from circulation on the basis of the law or are not limited in circulation (Article 260 of the Civil Code). The owner of especially valuable and state-protected cultural assets must not allow mismanagement of them, which may threaten them with the loss of their purpose (Article 240 of the Civil Code). The owner of pets must not treat them in clear contradiction with the rules established by law and the norms of humane treatment accepted in society (Article 241 of the Civil Code). Violations by the owner of the established boundaries of the exercise of property rights entail negative consequences for him, including sometimes in the form of forced termination of property rights (Articles 240, 241, 293 of the Civil Code).
5.
restrictions on the right of
ownership from the limits of the exercise of . In both cases we are talking about certain boundaries of property rights, but the nature of these boundaries differs. If limits represent objective boundaries, then restrictions on property rights are subjective. They depend on the will of the subjects themselves or the judiciary. Contractual restrictions, i.e. depending on the will of the owner, occur in cases where the latter has transferred things into possession and (or) use to another entity, for example, for rent (Article 606 of the Civil Code). The owner of a residential premises, having moved a citizen into it as a member of his family, limits himself in exercising the right to use the residential premises (Article 31 of the Housing Code). Judicial restrictions are established on the basis of a relevant judicial act in the event of a dispute.
6.
The law gives the owner not only the scope of these powers, but also places on him
the burden of maintaining
the thing belonging to him and places on him
the risk of accidental death
or accidental damage to property, unless otherwise provided by law or contract (Articles 210, 211 of the Civil Code).
Under the burden of maintenance
property should be understood as the owner’s obligation to maintain it in proper, serviceable, safe and suitable for use in accordance with the purpose of the property. This burden, as an inevitable necessity associated with the possession and use of a thing, is directly tied to the right of ownership and follows it. The norm that places the burden of maintaining a thing on the owner is dispositive. Thus, as a general rule, when transferring property for rent, the lessor is obliged to carry out major repairs of the thing, and the tenant - current, unless otherwise provided by law or agreement (Article 616 of the Civil Code). Quite rarely, the discretion of the parties to an agreement regarding the content of a thing is limited by mandatory norms. In a social rental agreement for residential premises, the obligation to carry out major repairs of residential premises is always the responsibility of the landlord; the tenant must carry out its current repairs (Articles 65, 67 of the Housing Code). In a rental agreement, the responsibility of the lessor is to carry out both major and current repairs of the thing (Article 631 of the Civil Code).
At risk
In civil law, we understand adverse consequences caused by circumstances for which no one is responsible, when there is no one’s fault in the death or damage to property. Since the owner of a thing bears the risk of its accidental loss or damage, it is the owner himself who is the person most interested in using the thing wisely and prudently and taking all necessary measures to ensure its safety. Article 211 of the Civil Code, which imposes on the owner the risk of accidental loss or damage to a thing, is dispositive in nature. The law or agreement may provide otherwise. Yes, Art. 696 of the Civil Code establishes that the risk of accidental loss or damage to a thing transferred for use under an agreement for the gratuitous use of property passes to the borrower in several cases, in particular if the thing was transferred by him to another person without the consent of the lender.
