Scientific Journal of KubSAU

The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the liability insurance for members of self-regulatory organizations. The author shows the benefits of liability insurance of members of self-regulatory organizations in comparison with another way to ensure property accountability is the compensation Fund of the self-regulatory organizations. It turns out the legal nature of the contract of insurance property liability of the members of self-regulatory organizations, types of property risks in the insurance contract that applies to the members of self-regulatory organizations. It is noted that the issue of liability under contracts of members of self-regulatory organizations in the Federal law "On self-regulating organizations" not resolved, fixed only need to create a personal and (or) collective insurance. In practice, insurance agents offer to insure the contractual liability as liability for injury that, according to the author’s opinion, is not complying with the law, including the standards of article 931 of the Civil Code of the Russian Federation. The issue of the conclusion of the construction contract of property insurance liability of members of self-regulatory organizations is also discussed by the author, as well as the necessity of the using in such a situation the rules of the Law "On insurance" about the contract of financial risks insurance. The necessity of changes and amendments of the current legislation of the Russian Federation on insurance property liability of members of self-regulatory organizations is proved by the author

In the article, legal norms of barter agreement are exposed to the detailed analysis. They were fixed earlier in the Civil Codes of RSFSR 1922 and 1964. The authors analyze the modern legal adjusting of barter agreement in the operating Civil Code of the Russian Federation. Characterizing signs of barter agreements are investigated and they allow distinguishing it from a bargain and sale. It is marked that the barter agreement got the detailed regulation of relations only in the operating Civil Code of the Russian Federation. The purview of norms about the agreement of barter broadened in course of time. That was taken into account by a legislator. A modern legislation regulates the features of relations arising up in connection with execution and conclusion of treaty of barter. Earlier operating legislative acts did not take into consideration many questions, related to the relations of barter, arising up in practice. Soviet scientists examined some questions that were and remain now without adjusting or require a specification from a legislator. For example, concerning Civil Codes of RSFSR 1922 and 1964, the imperfection of legal determination of agreement of barter was marked. This decision did not take into account that commodities were passed in property of another side. Modern legislator names it a "commodity the object of the barter agreements. In the same time in practice there is a lot of questions about possibility of applying property rights to the object of the barter agreement. Other critical remarks about the rules of the barter agreement in the civil legislation of RSFSR and the Russian Federation were done by the author in the article

The contract of donation is one of the most common and frequently encountered in practical life, civil contracts. This article describes the history of the formation of the contract of donation in civil law of Russia. The author analyzes in detail the legal provisions of the contract of gift, enshrined in the current before the Civil Code of the RSFSR in 1964. Soviet scientists considered some of the issues that have been and (or) remain outstanding or require specification of the legislator. Previously existing legal acts do not take into account many associated with the donation contract questions arising in practice, such as cancellation the contract of donation. We study the qualifying elements of a deed of gift, which allows distinguishing it from related contracts. It is noted, that the scope of the rules on the contract of donation has expanded with the time, which could not be taken into account by the legislator. Current legislation regulates the peculiarities of relations arising in connection with the execution and the conclusion of the contract of donation. The author analyzes in detail the current legal regulation of the contract of donation in the current Civil Code. In particular, this article presents the problematic issues: the implementation and application of the contractual relationship between the given and giver, raised the question of the qualifications of donation with the participation of public servants, and lists some proposals to address the shortcomings in the current legislation. The article made other critical comments with regard to the rules on the contract of donation in the civil legislation of the RSFSR and the Russian Federation. The article has a research character. The authors show the way to solve the most pressing problems of enforcement under the contract of donation, and put forward proposals to improve the legislation

Norms of the active Russian legislation enshrining the inheritance rights and defining the status of surrogate children, surrogate mother and the genetic parents connecting to the question of the obtaining and realization of the inheritance rights of these children are subjected to a detail analyze in the article. The authors described uncertainties and double-meanings of some occasions of appearing of surrogate children’s inheritance rights, what arise in practice, for example, when surrogate mother in childbirth could not give her agreement for registration people, who had given their genetic material, as parents of surrogate child. The authors found out imperfection of active legislation of Russian Federation in the context of question of surrogate children’s inheritance rights in case of genetic parents’ death before childbirth. Other important question, that the authors tried to resolve in the article, is connected with child’s inheritance rights, who was conceived after death of his genetic parents. Also the attention is focused on the absence legal mechanisms of action on genetic parents, who refuse surrogate children, in the Family Code of Russian Federation and in Civil Code of Russian Federation. Authors reached a conclusion that surrogate children’s inheritance rights should be legal regulated in detail. Some suggestions on these issues are offered in the article

The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determine the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity

The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determines the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity