The law in time, in space and in a circle of persons

Legal capacity of citizens

Legal awareness and legal culture of the population

The law is not retroactive -

The effect of the law in time means: the beginning of the term of the law, the period of its action and the termination of the legal force of the law.

The law ceases to apply in the following cases:

If accepted new lawthe old is canceled.

When the period of termination of the law is set in the normative act.

If a new state is formed, the old laws are abolished.

Retroactive law

In criminal and administrative law, with a decrease in the punishment of the guilty person, the law may have retroactive effect: for example, when a new law is passed softening the punishment, it may extend to the relationship that arose before its adoption.

The operation of law in space is the territory to which the legal force of the law extends.

Under the territory of the state understand - part of the globe under the jurisdiction of a particular state.

In addition to land, the territory also includes:

Marine and aircraft under the symbols of the state

Satellites, spaceships

The territory of embassies of consulates in other countries

Continental shelf

D.Z. The effect of the law on the circle of persons

The effect of laws on the circle of persons. As a general rule, regulatory legal acts  apply to all citizens and all organizations of the Republic of Belarus, unless otherwise provided by law. Regulatory legal acts apply to citizens of a given state, foreign citizens, stateless persons, as well as all organizations existing in the territory of the state. Some regulations may apply only to certain categories of persons, bodies, organizations. Thus, the Law “On the Police” applies only to the police. Some acts apply to pensioners, military personnel, women, etc.

The right and legal capacity of individuals and legal entities

Individuals(citizens, foreigners, stateless persons) have legal capacity from the moment of birth. It exists throughout life and no one has the right to restrict a person in legal capacity or deprive her.

Legal Capacity -it is a set of rights and obligations that a person is endowed with since birth (the right to life, upbringing in a family, a decent standard of living, housing, etc.).

Capacity  human arises in full from 18 years. However, a person can be limited in capacity if: he abuses alcohol, drugs, psychotropic substances and at the same time puts his loved ones and family in a difficult financial situation.

Only courtcan limit a person's legal capacity. Deprivation occurs when a person suffers from a mental or other mental illness. According to the statement of interested people, the court finds the person deprived of legal capacity. By its decision, the court may cancel the restriction or deprivation of legal capacity.

Legal entities also have the right and legal capacity, but they have these properties simultaneously - from the moment of registration of the legal entity.

Legal entity: registration, forms (LLC, CJSC, JSC, etc.) and types

Entity  it is an organization registered under the law, which owns and disposes of property and is liable for its obligations with this property. A legal entity may be a plaintiff and a defendant in court, on its own behalf acquire and exercise property and personal non-property rights, incur obligations. Legal entities must have an independent balance sheet or estimate.

Statistics

In Russia, about 8 million organizations. One third of them are inactive, one-day or zero.

Fig. Number of enterprises and organizations per 10,000 population as of 01/01/2017

Kinds

Depending on the form of ownership:

• state (the state owns the majority of the shares, or a larger share in the authorized capital)
• non-state (private)

Depending on the purpose of the activity:

• Commercial (goal - profit)
• Non-profit (other purposes)

According to the composition of the founders of the legal entity

• Organizations whose founders are only legal entities (associations, associations, foundations)
• The state is the sole founder (unitary enterprises)
• All other legal entities

By the nature of the rights of participants:

• on the property of which their founders retain binding rights (business partnerships, HOA and cooperatives)
• on the property of which their founders retain the right of ownership or other real right (organizations possessing property under the right of economic management or right of operational management)
• on the property of which their founders do not save property rights (public associations, public foundations and religious associations)

Forms

An individual entrepreneur is not a legal entity, but the civil and labor legislation of legal entities applies to him, unless otherwise provided by law.

Limited Liability Company (LLC). Members of the company are liable for obligations under the share capital. The authorized capital is divided into shares of participants in the LLC. The shares of participants in the share capital of an LLC are not securities and the legislation on securities does not apply to them, therefore, an increase in the share capital in an LLC is a simpler procedure than in a company. The nature of the relationship between the participants of the LLC and transactions with their shares in the authorized capital are more closed than in the CJSC and LLC: the LLC has the possibility of a complete ban or a significant restriction for the entry of new participants. For example, the charter of an LLC may state a direct ban on the alienation by participants of their shares to third parties, or - consent, on such transactions, of the other participants of the LLC. The LLC Charter may include special conditions for the distribution of profits among the founders. Information about the participants of the LLC is included in the Unified State Register of Legal Entities and is publicly available. Ltd. is the most common form of legal entities in small business. 92% of all legal entities in Russia are LLC.

Closed Joint-Stock Company (CJSC). Share capital is divided into shares of participants. Shares of CJSC are issuable securities and the legislation on securities applies to CJSC. In the company in connection with the need to issue new shares, the procedure for increasing the authorized capital is much more complicated than in an LLC. CJSC is a more open company than a limited liability company for access by third parties. The transfer of the shares does not require the consent of the CJSC itself and the rest of its shareholders, but the statutes contain restrictions on such transactions. The size of dividends depends on the number of shares owned by the participant and the law stipulates the timing of payments to shareholders of the company. The data on the shareholders of the company is not publicly available and they are not included in the Unified State Register of Legal Entities. From September 1, 2014, the Civil Code has been amended, and now all CJSC companies will be called non-public joint-stock companies (NAO), but even more abbreviated as JSCs.

Open Joint Stock Company (JSC). In general, this form is similar to the company. The difference is that the shares of LLC can be sold without the consent of the other participants of the company. The number of shareholders of JSC is not limited. Shares of JSC may be distributed by open and closed subscription. The authorized capital of the company must be more than 100,000 rubles. This form of legal entities is created for running a large business. From September 1, 2014, the Civil Code has been amended and now all the companies of the OJSC will be called public joint-stock companies (PJSC).

Other forms of legal entities.

• Full partnership (full responsibility of participants for the debts of the partnership with all property belonging to them)
• Partnership on faith, limited partnership (general partnership plus participants depositors are responsible only in the framework of the contribution)
• Additional liability company, ALC (in contrast to the LLC, the participants bear the additional responsibility with their property)
• Production cooperative (at least 5 people, may, contrary to the name, be established to provide services)

Legal entity licenses

An organization can carry out certain types of activities only after obtaining a license or permit. The licensed activities of legal entities include: travel agent, pharmaceutical, private detective, rail, sea, air transport of goods and passengers, as well as others.

The organization can not engage in closed activities. Such activities include the development and / or sale of military products, trafficking in narcotic drugs, poisons, etc.

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State registration of legal entities is carried out by the Federal Tax Service of the Russian Federation. Registration is made at the legal address of the head office.

OKVED codes for legal entities and individual entrepreneurs are the same.

Required documents for registration of a legal entity (LLC)

• Charter LLC
• Agreement on the establishment of LLC.
• Receipt of payment of state duty.
• Application for state registration of LLC.
• Letter of guarantee from the owner of the premises for the registration of LLC.
• A notarized copy of the certificate of title to property of the premises.
• Application for the transition to the simplified tax system (if you need to go)

Within 5 days you are registered as a legal entity or receive a refusal.

You must issue documents:

1) Certificate of state registration of LLC.

2) Registered Charter of LLC (for Moscow - a copy of the Charter of LLC).

3) Certificate of tax registration.

4) Extract from the Unified State Register of Legal Entities (USRLE).

Procedures after registration

After registration of a legal entity it is necessary to register with the pension fund and the MHIF, the FSS, and obtain statistics codes.

It is also necessary for a legal entity to open a current account, make a seal, register a cash register.

Taxes and fees

A legal entity may apply tax schemes: the simplified taxation system (simplified payment system), UTII (imputation), CES (general taxation system).

Taxation of legal entities  the same as that of an individual entrepreneur almost, but instead of personal income tax, income tax is paid. In 2010, legal entities abolished the unified social tax.

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Subjects (participants) of the legal relationship -these are legal entities that have legal capacity, legal capacity and delict-ability capacity under the provisions of the law being implemented.

Subjects of laware all addressees of the right, all those who are under the action of the law, recognized by him as an abstract legal entity, a possible carrier of rights and

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employment, - free individuals, economic entities, public and religious organizations, individual government agencies and the state as a whole. Not free individuals (slaves) were not subjects of law; they related to objects of law (like things, tools, etc.).

The concept of "subject of law" means recognition legal personalityaddressee of law as a legally significant person with an abstract opportunity to be a subject of rights and obligations.

The subjects of law (persons, persons in law) are divided into physical and legal persons.

Individuals- these are all people as subjects of law (citizens, foreigners, stateless persons).

Legal entities- these are all other, except for individuals, subjects of law - all economic, public, state and other institutions and organizations whose legal entity, as well as the appropriate procedure for their formation and activity, are provided for in the existing law. Like individuals, all legal entities, for all their specific features, are equally subject to the requirements of the law in force for all legal entities and the implementation of its norms in specific legal relations.

From the moment of birth, all people (individuals) are subjects of law, both in the sense of their abstract-general legal personality in relation to the whole effective law, and in the sense of their specific legal personality - as real owners with a set of officially recognized basic natural (innate and inalienable) rights and human freedoms.

Legal entities are subjects of law from the time of their formal legal institution.

The legal personality of a person is expressed and specified in its legal capacity, ability and delictual capacity.

Legal capacity- This is an abstract ability (opportunity) of a subject of law to have the corresponding rights and obligations provided for by the law in force. The concept of "legal capacity" in its legal meaning and scope is identical to the concept of "legal personality": the subject of law is a legal entity in the same scope and meaning in which it has legal capacity. All individuals possess equal for alllegal entity and legal capacity, which is a form of expression of their legal equality, including the equality of all before the law. Legal entities have different legal subjects, due to those special goals and the task-

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mi for which they are established. In this sense, their legal personality is special.

Capacity- this is the real ability (possibility) of the subject of law to realize in the relevant legal relations its legal capacity by its active lawful actions, to acquire and exercise its subjective rights, to create for itself and fulfill its subjective legal duties.

Individuals, according to the law, acquire legal capacity only from a certain age, which is necessary for the performance of conscious, legally significant actions in the relevant field of legal regulation. Full legal capacity in the Russian Federation comes with eighteen years. Limited capacity in various branches of law arises from different ages. Thus, in civil law, according to Art. 26 of the Civil Code of the Russian Federation, the limited legal capacity of minors between the ages of fourteen and eighteen is recognized. Minors between the ages of six and fourteen, according to Art. 28 of the Civil Code, has the right to independently make small household transactions.

An individual who, due to a mental disorder, cannot understand the values ​​of his actions or direct them, may be duly recognized by the court as incapable. Over him set guardianship. Civil law also provides for the possibility of limiting the legal capacity of an individual in court and establishing custody of him. Guardianship and trusteeship are established to protect the rights and interests of legally incompetent or not fully capable individuals.

The legal capacity of legal entities comes together with legal capacity, so that they have a single legal capacity.

Tort capacity- is the ability of the subject of the right to be responsible for the offense committed by him. In different branches of law, the sensitivity of individuals comes from different ages. Thus, in civil law, full tort ability begins at the age of eighteen. Minors between the ages of fourteen and eighteen years independently bear property responsibility for those transactions that they are allowed to accomplish by law. Property responsibility for transactions of a minor shall be borne by his parents, adoptive parents or guardians. A person who has reached the age of sixteen by the time the crime is committed is subject to criminal liability. For the most serious crimes

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criminal liability begins at the age of fourteen.

In general, a legal entity possesses a set of legal properties and characteristics necessary in order to actively realize the abstract-general provisions of an objective right and acquire for themselves and exercise their specific, individually-defined subjective rights, through the active lawful actions required from it, to create for oneself and fulfill one’s specific, individually-defined subjective duties. This is the transformation of the abstract legal provisions of objective law on abstract rights and obligations of an abstract subject of law into a concrete subjective right and a specific subjective legal obligation of a specific subject of law, carried out by lawful actions of a subject of a legal relationship, is a transition from an abstract rule of law as an abstract general measure of the subject’s possible freedom to specific subjective right and specific legal obligations as specifically-defined, individualization Rowan measures real freedom of a particular legal entity.

The noted significant difference between abstract-general legal possibilities (abstract rights and duties or abstract subjective rights and duties) of an abstract subject and specific rights and specific legal duties of a specific subject relates to the legal characteristics of not only individuals, but also legal entities.

The concept of "legal entity" has common law valueand covers all legal entities in all branches of law that are not individuals. This principal for all law provision means that all participants in the legal type of communication and the legal form of relations, i.e. all subjects of law - although they are different, they are equally obeying the law and acting according to the law legal entitiesthose. specifically legalized persons, certain personifications of their legal roles and functions in accordance with their legal status(their legal status, their legally established legal capacity and capacity in the sphere of private and public-power relations).

A legal entity (a person in law or just a person) is an abstract legal entity (i.e., abstracted in the spirit of universal

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sti from empirical differences) hypostasis, abstract legal appearance of all participants of the legal type of communication. All of them - with all their differences - in the mirror of the right have an abstract legal expression of the face. Legal entities are both individuals and legal entities: an individual as a legal entity is a physical legal (ie, legalized, legal) person, and a legal entity is a non-physical (but likened to the original legal person hypostasis) legal entity.

The general legal meaning of the category “legal entity” in different branches of law is manifested in various forms.

The most developed this category has received in the field of civil law.Here, a legal entity means an organization that owns separate property and is responsible for its obligations with this property, can, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court (see. Art. 48 of the Civil Code). Russian Federation, subjects Russian Federation, municipalities act in civil legal relations on an equal basis with other participants of these relations, and to them as subjects of civil law are applied the rules determining the participation of legal entities in relations governed by civil law, unless otherwise provided by law or the characteristics of these subjects (see. Art. 124 of the Civil Code of the Russian Federation).

A legal entity in civil law acts on the basis of a charter, or a memorandum of association and a charter, or only a memorandum of association. The constituent contract of a legal entity is concluded, and the charter is established by its founders (participants).

A legal entity in civil law is deemed to have been created from the moment of its state registration with the judicial authorities.

Individuals and legal entities that are distinguished and recognized in civil law and in general in the sectors of private law are profiled industry characterand accordingly mean: civil law (private law) individuals and legal entities.

But the general legal concept of a natural or legal person is not limited only to the civil law (special-sectoral) meaning of this category and does not limit it.

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only a sphere of private (property and personal non-property) relations, a sphere of private law.

In the sphere of public-power relations(in the branches of public law) all subjects of law have their own public law profile and status, respectively. Here, individuals as subjects of law mean public individuals(individuals in their public recognition, significance, definitions and changes), i.e. individuals who have a public legal status defined in law (abstract rights and obligations of public authority, nature and significance). And as legal entities here are public legal entities(various officials, state bodies and the state as a whole) in the form of subjects with a special public law status (competence), consisting of a set of abstract rights and obligations to the law of a legislative and law enforcement nature.

Particular attention should be paid to the principal circumstance, often ignored in theory and especially in practice, that all established in objective law (in the current legislation) the rights and obligations of all subjects of law(individuals and legal entities) in all branches and spheres of law (both in private and in public law) are of an abstract and general nature, express the abstract ability and ability of abstract subjects to acquire and exercise corresponding rights and obligations, i.e. are only legal capacity (of individuals) or legal capacity (of legal entities),which have yet to be implemented in specific legal relations, and not at all by a real, concretely defined subjective right or subjective legal obligation of one or another individually determined subject of law, natural or legal person. This, in particular, means that competence of officials, state bodies and the state as a whole(special legal status of public legal entities with relevant abstract powers) - this is their special legal capacity to be implemented(i.e., the transformation into a specific individually-defined subjective right and a specific subjective legal obligation of a statutory or law-enforcement nature) through and within the framework of specifically-defined legal relationship  in accordance with the requirements common to all legal entities for the implementation of applicable law.

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