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§ 3. The subject lzhepredprinimatelstva

According to operating edition of item 173 UK by an obligatory sign of the objective party lzhepredprinimatelstva is creation of the commercial organisation. In the previous heads of the present research it has been shown, that creation of such organisation can actually be carried out by establishment of newly founded commercial structure or by reorganisation (merge, joining, division, allocation, transformation) the existing legal person.
Other ways of its creation are not provided by the civil legislation (for example, purchase). In the legal literature the most various variants of elimination of noted lacks of legislative definition of the subject lzhepredprinimatelstva have been offered. However at their careful studying it appeared, that they do not simplify, and even more complicate a considered problem. At its decision, in our opinion, it is necessary to start with following positions. In modern structure of the corpus delicti the subject, as is known, is one of its elements. Such structure in domestic criminal law already became общепринятой.110 And sources of the given classification can be found in works of pre-revolutionary scientists. For example, N.S.Tagantsev wrote, that essential signs of criminal action, as well as any legal relationship, can be shown to three groups: 1) The person operating — the originator of criminal action; 2) That, on what action guilty - object or a criminal trespass subject goes; 3) the criminal trespass considered with its internal and external стороны.111 The person operating - the originator of criminal action, in modern interpretation is called as the perpetrator. The made physical person who has reached of age admits operating Russian criminal law the subject of the criminal trespass, established by the criminal law (item 19 UK). The general signs of the perpetrator usually subdivide on physical, age and психические112. Physical signs specify in the person who can bear the criminal liability — the physical person. Age - specify in age from which the person can be involved in the criminal liability. Mental signs reflect defined, significant for criminal law mental characteristics of the person including intellectual and strong-willed components. With reference to structure lzhepredprinimatelstva the question on the special perpetrator is actual. In a criminal law science the special corpus delicti - set of the signs fixed criminally-rules of law characterising the maintenance and structure of crimes, encroaching on special sfe - ry public relations. Basis which defines all other signs of special structure, special character of relations.vystupajushchih as one of objects of crimes is. Harm such object the person who is included into system of the relations forming corresponding object can only. Certain kinds of crimes can be made only by persons whom along with the general signs sub - ekta the crimes, listed above, possess the additional signs specified in УК.113 Structures of crimes gl. 22 UK are various to signs of the perpetrator. In one part of structures signs of the special subject, in other part - the general are reflected. In some cases signs of the subject should be found, proceeding from object and the objective party.
The object gives us representation about that field of activity in which this or that crime is committed. If for occurrence in the given field of activity presence of any special characteristics of the person is necessary (age, formation, the status etc.), it is possible to speak about presence of the special perpetrator which encroaches on this area of relations. That circumstance, that the subject lzhepredprinimatelstva on operating UK can be only the founder lzheorganizatsii, defines also other characteristics of the subject of the given crime. First of all the age. On the one hand the age of the person which can bear the criminal liability for lzhepredprinimatelstva, is predetermined by general provisions of the law on age from which there comes the criminal liability (item 20 UK). With another - positions of the civil legislation on capacity and, in particular, about age from which citizens can create the commercial organisations. Creation of the commercial organisation should be lawful, in that chislen regarding age of founders. The constitution of the Russian Federation and GK (items 21) establish (item 60), that capacity of citizens in full comes from 18 years. Cases when full capacity is got and before 18 years are thus defined. First, GK the Russian Federation establishes, that the law the introduction into marriage before achievement of eighteen years can be authorised. In this case the citizen who has not reached eighteen-year age, gets capacity in full from an effective date in marriage. The family code in item 13 item 2 has defined, that in the presence of reasonable excuses local governments on a residence of the persons, wishing to marry, has the right at the desire of given persons to allow to marry to the persons who have reached of age of sixteen years. Moreover, same article establishes, as before achievement of age of 16 years of the person can marry, but an order and conditions at which presence the introduction into marriage by way of exception taking into account special circumstances can be to these persons, should be established laws of subjects of the Russian Federation. The got capacity will remain and in case in the subsequent (before achievement by the minor of 18 years) marriage will be terminated. However if before achievement by the minor of age of civil majority marriage is nullified, the court can make the decision on loss by the minor of the full capacity got by it. Secondly, according to item 27 GK emancipation (i.e. the announcement of the minor completely capable) is possible, if the person works under the employment contract, or with the consent of parents, adoptive fathers or the trustee is engaged in enterprise activity. Eman - - - - it sipatsija-is made-on to the guardianship decision-body - with the consent of both parents, adoptive fathers or the trustee or in the absence of such consent - under the decree. By the federal act «About production co-operatives» 114, it is established (item 7), that citizens Russian Fe - deratsii, reached age of sixteen years can be members of co-operative society brought established by the charter of co-operative society a share. By the same law it is established, that its participants found co-operative society. By federal acts «About credit consumer co-operative societies of citizens» 115 and «About housing memory co-operative societies» 116также it is established, that citizens from 16-year-old age can be their members. However these kinds of co-operative societies, unlike industrial, are not the commercial organisations. Therefore even if the person will use these organisation-legal forms with a view of, specified in item 173 UK, its actions cannot be qualified as lzhepredprinimatelstvo. Found others commercial the organisations the person who has reached of eighteen years, or recognised completely capable as emancipation or the introduction into marriage before achievement of 18 years can. Foreign subjects, and also stateless persons too can be subjects of enterprise activity and bear the criminal liability under item 173 UK. According to Federal act item 2 «About foreign investments into the Russian Federation» 117 civil legal capacity and capacity of foreign subjects is defined under the legislation of the state of its citizenship, and according to the legislation of the specified state they have the right to carry out investments in territory of the Russian state. Creation and liquidation of the commercial organisations with foreign investors is carried out _ as it should be and on the conditions provided for the Russian organisations behind withdrawals which can be established federal acts. Item 2 of item 4 of the same law it is established, that withdrawals of restrictive character for foreign investors can be established federal acts only in that measure in what it is necessary with a view of protection of bases of the constitutional system, morals, health, the rights and legitimate interests of other persons, maintenance of defence of the country and safety of the state. Withdrawals of stimulating character in the form of privileges for foreign investors can be established in interests of socially - economic development of Russia. Kinds of privileges and an order of their granting are established by the legislation of the Russian Federation. The order of their state registration is defined by the same Federal act «About the state registration of legal bodies and individual businessmen».118 Civil legal capacity and capacity of stateless persons which constantly live outside of our country, defined according to the legislation of the state of its constant residence, and according to laws of the specified state they have the right to carry out investments in territory of Russia. Thus, foreign subjects and stateless persons can carry out enterprise activity in Russia, to be founders of the commercial organisations if it is not forbidden by the law of the state of their citizenship or the state of a constant residence. The age from which they can carry out enterprise activity, is statutory the specified states. On UK foreign subjects and stateless persons will bear responsibility for the given crime if participated in promotional activity in territory of the Russian Federation. Item 11 UK ustanav - livaet, that the person who has committed a crime in territory of Russia, comes under to the criminal liability on UK to the Russian Federation. The situation when one commercial organisation creates another is possible. The decision of a question on creation by one commercial organisation another is within the competence of its supreme body of management. For example, if one joint-stock company creates another this question is in the competence of board of directors (supervisory board) of a society or if number of shareholders of less than fifty persons - in the competence of general meeting of shareholders when the society charter provides, that supervisory board functions are carried out by general meeting of shareholders. Cases when one or several members of board of directors (supervisory board), or some members of general meeting of shareholders are not informed on the true purposes of creation of other commercial organisation are not excluded and intentionally misled by other members. In such situation the deceived members of board of directors, general meeting do not come under to the criminal liability in spite of the fact that have voted for organisation creation. Those persons should be involved in the criminal liability, which only: 1) Have made the decision on creation of the commercial organisation, i.e. voted pro organisation creation; 2) Realised true character of activity of the legal person, expected approach of consequences from activity of the organisation and as pursued the special aims, approach of consequences in the form of a large damage wished, i.e. operated not under the influence of error, «on ignorance», and it is guilty; 3) Possessed necessary age for voting and membership in the organisation (16 years - in production co-operatives, 18 years - in other commercial organisations, except marriage and emancipation cases). Persons who voted against creation of the organisation as a part of the collegiate body of management of the organisation cannot bear the criminal liability. Some adjacent with lzhepredprinimatelstvom crimes differ from it not only signs of the objective party, but also on the subject. On operating UK the subject lzhepredprinimatelstva as it was already marked, special. It is completely the capable person in the civil-law sense, having the right to be engaged in enterprise activity and being the founder of the commercial organisation. The subject of swindle (item 159 UK), causings of a property damage fraudulently or abusings the trust (item 165 UK) admits any physical responsible person who has reached of 16-year-old age. The subject of illegal reception of the credit (item 176 UK) can be both the individual businessman, and the head of the commercial or noncommercial organisation. Subjects of tax evasion from the organisations (item 199 UK) are the head and the chief accountant of the organisation. Proceeding from the analysis of the criminal law and the scientific literature devoted lzhepredprinimatelstvu, it is possible to draw a conclusion that the sphere of application of item 173 UK is made unreasonably narrower by the legislator. Such conclusion can be proved the following. 1. The subject lzhepredprinimatelstva according to operating re-_ daktsii item 173 UK is the founder of the commercial organisation. 2. Other persons who even are actually carrying out acts, entering into the objective party of a considered crime (for example, the general director of the organisation), do not bear responsibility for lzhepredprinimatelstvo if they are not included into number of founders. 3. According to item 173 UK individual businessmen, and also the persons who have created the noncommercial organisation even if they got a legal status of the subject of business without intention to carry out enterprise activity, for the purpose of extraction fraudulently property benefit or cover of the forbidden activity cannot be recognised by subjects lzhepredprinimatelstva. The definition offered in the present dissertational research lzhepredprinimatelstva in which basis creation of the commercial organisation lays not, and use fraudulently a legal status of the subject of business in the activity which is not enterprise, caused large damage, gives the chance to expand essentially a circle of its subjects and probably to eliminate noted above the contradiction. In the offered design of structure lzhepredprinimatelstva the category «the subject of business» is used. Persons (physical and legal), registered in a statutory order, i.e. got a corresponding legal status by the state registration as the businessman can be subjects of business. The fact of the state registration authorises occurrence of the full subject of law - the businessman (individual or collective). Since this moment the businessman is allocated with set of the rights and the duties necessary for participation in enterprise activity, and represents itself as.samostojatelnogo the participant in the civil circulation, in adminig strativnyh, tax, labour and others правоотношениях.119 Subjects of legal enterprise activity and the persons having intention to become by businessmen, can count not only on protection from the state, but also on reception of a various sort of privileges and advantages. The given circumstance involves in sphere of business of persons which, not having intention to be engaged in enterprise activity, get a legal status of the subject of business for the purpose of extraction fraudulently any property benefit or for cover of the forbidden activity. From the legal point of view to subjects of business 221 Individual businessmen, legal bodies and public formations concern. The individual businessman possesses a special legal status which is located on a joint of competences of usual citizens and the commercial organisations. The individual businessman, as well as the usual citizen, bears responsibility under the obligations all property belonging to it (item 24 GK). An exception - property on which under the law collecting cannot be turned. The list of such property is resulted in item 446 GPK (for example, money in calculation of 300 living wages on the citizen and its each dependent and if the dependent is invalid, on it it is necessary 600 living wages). Concerning the businessman, as well as any citizen, rules about restriction and capacity deprivation, about declaration of absence or died operate. Its property is passed by right of succession, including involved in enterprise by the figure - nost. To enterprise activity of citizens.osushchestvljaemoj __. Without formation of the legal person, rules GK which regulate activity of the legal bodies who are the commercial organisations if other does not follow from the law, other legal acts or a legal relation being are accordingly applied. Formal condition for acquisition of a legal status of the subject of individual enterprise activity is its state registration. At registration of the physical person as the individual businessman in registering body a number of documents, 120 applicants identifying the person (in particular is represented, to a passport and certificate of birth copy) and confirming its intention to be engaged in enterprise activity (the statement signed by the applicant for the state registration as the individual businessman). Acquisition of the status of the individual businessman by the physical person which not namereno to carry out or doubts that will carry out enterprise activity, in itself cannot form the basis for attraction of this person to the criminal liability. The objective party of the criminal liability is constituted, on the one hand, by the rules of behaviour established by the criminal law for corresponding subjects in connection with performance by them of their social role, and on the other hand - their actual behaviour. As it is truly noticed «specificity of a phenomenon of responsibility consists... In dialectic unity due and real, the specification - nyh the requirements turned to the person, and their actual execution». Thoughts, emotions, the feelings of the people which have been not expressed in certificates of activity (actions, acts), are not the sphere under control to laws. Have not lost the word meaning that «laws which do by the main criterion not actions as those, and the character views, are not that other as positive sanctions of lawlessness».121 Responsibility data only to mental condition of the offender can lead to an identification of this legal category with responsibility, to a substantiation of responsibility for heterodoxy. Thereupon it is necessary to pay attention to position ch. 1 items 23 GK where it is spoken: «the Citizen has the right (is allocated by me - M. K) to be engaged in enterprise activity without formation of the legal person from the moment of the state registration as the individual businessman». Differently, acquisition of the status of the subject of enterprise activity does not mean, that the person is obliged to carry out such activity. And if there is no duty, there is no also a responsibility for inactivity. Feature of many economic crimes (lzhepredprinimatelstva including) is that fact, that they are made in that sphere where operate not only physical, but also legal bodies. Moreover, now in lzhepredprinimatelstve the commercial organisation as the legal body is that tool with which help it is committed crimes. Without it there is no also a crime. However in criminal law unlike other branches of law the legal body is not the subject whom can be made responsible for an offence. In the theory of the Russian criminal law the question on expediency of an establishment in the criminal law of responsibility legal лиц.122 the Authors proving its necessity is discussed, specify, first of all, in the size of the damage caused by activity of corporations which many times over exceeds the harm caused from - efficient physical persons. The opinion is expressed also, that ugo - the lovno-legal sanctions addressed to corporation, urged to make economically unprofitable employment by ecologically harmful industrial or other illegal activity for all workers of the corresponding enterprise, and not just for its owner and administrative персонала.123 Introduction in the Russian legislation of institute of the criminal liability of legal bodies will demand fastening in the concept law «a crime made by the legal body». E.J.Antonova, investigating the given problem, specifies, that under a crime made by the legal body, it is necessary to recognise socially dangerous act made from a name or in interests of the legal person by the person or persons which supervise realisation by last it llo The rights and duties (a corporate crime). The crime should admit the perfect legal body, writes A.S.Nikiforov if it is made (directly or at intermediary of other persons) person or persons who supervise realisation by the legal body of its rights and operate in realisation of these 229 The rights. It is necessary to agree with JU.P.Kravets's point of view, that introduction of the criminal liability for legal bodies, first of all for crimes in sphere of enterprise activity, will positively be reflected in efficiency of the mechanism of criminally-right protection public relations from economic преступлений.124 However while such idea is not apprehended by the legislator, in the theory criminal pra - va and legal practice the decision of a question on subjects lzhepredprinimatelstva is interfaced to difficulties. Legal bodies, as is known, have the difficult structure of management including and the collegiate bodies. Besides, there are founders of the organisation. All it staticizes a problem of an establishment of the persons who have committed a crime. To lzhepredprinimatelstvu it has the direct relation as because of complexity of structure of management and presence of a figure of the founder of the subject of the given crime there are serious divergences among experts. In some structures of economic crimes (for example, in item 176, 177, 196, 197 UK) it is directly specified in the head of the organisation as perpetrator. On structure lzhepredprinimatelstva the given position as follows from the criminal law maintenance, does not extend, that, in our opinion, weakens struggle against this crime. Importance of a figure of the head of the organisation is underlined in the legislation which is directed on economic activities regulation. So, in Federal act item 69 «About joint-stock about - shchestvah» it is specified, that the management of current activity of a society is carried out by an executive office. It can be individual (the director, the general director), a joint or joint executive office of a society (board, management). Executive powers are accountable to board of directors (supervisory board) of a society and general meeting of shareholders, and their creation and the preschedule termination of powers are carried out under the decision of general meeting of shareholders if the decision of these questions is not carried by the charter of a society to the competence of board of directors (supervisory board) of a society, General meeting of shareholders if formation of executive powers is not carried by the society charter to the competence of board of directors (supervisory board) of a society, the decision on the preschedule termination of powers of an individual executive office of a society (the director, the general director), members of a joint executive office of a society (board, management) has the right to make at any time. General meeting of shareholders has the right to make at any time the decision on the preschedule termination of powers of the operating organisation or the managing director. And if the charter of a society providing presence of simultaneously individual and joint executive powers, the collegiate body competence be defined. In this case the person who is carrying out functions of an individual executive office of a society (directors, the general director), carries out also functions of the chairman of a joint executive office of a society (board, management). It is noticed, that under the decision of general meeting of shareholders of power of an individual executive office of a society can be transferred under the contract of the commercial organisation (the operating organisation) or the individual businessman (managing director). The decision on a delegation of power of an individual executive office of a society of the operating organisation or to the managing director is accepted by general meeting of shareholders only under the offer of board of directors (supervisory board) of a society. All questions of a management concern the competence of an executive office of a society current activity of a society, except for the questions carried to the competence of general meeting of shareholders or board of directors (supervisory board) of a society. The society executive office will organise performance of decisions of general meeting of shareholders and board of directors (supervisory board) of a society. The individual executive office of a society (the director, the general director) without the power of attorney operates on behalf of a society, including represents it, makes transactions on behalf of a society, approves states, issues orders and instructs, obligatory for execution by all workers of a society. The federal act «About societies with limited responsibly - 232 stju »also gives due value to the head, establishing in item 40 of its power. In particular, the individual executive office of a society (which can be the general director, the president and others) has the right: 1) Without the power of attorney to operate on behalf of a society, including to represent it and to make transactions; 2) To give out powers of attorney on the right of representation on behalf of a society, including powers of attorney with the retrust right; 3) To issue orders on appointment to posts of workers of a society, about their transfer and dismissal, to apply measures of encouragement and to impose summary punishments; 4) To carry out other powers which have been not carried to the competence of general meeting of participants of a society, board of directors (supervisory board) of a society and a joint executive office of a society. Persons (physical and legal), registered in a statutory order, i.e. got a corresponding legal status by the state registration as the businessman can be subjects of business. The fact of the state registration authorises occurrence of the full subject of law - the businessman (individual or collective). Since this moment the businessman is allocated with set of the rights and the duties necessary for participation in enterprise activity, and represents itself as the independent participant in civil about - rote, in administrative, tax, labour and others pravootnoshe - 233 nijah. Subjects of legal enterprise activity and the persons having intention to become by businessmen, can count not only on protection from the state, but also on reception of a various sort of privileges and advantages. The given circumstance involves in sphere of business of persons which, not having intention to be engaged in enterprise activity, get a legal status of the subject of business for the purpose of extraction fraudulently any property benefit. Let's consider the given position on an example of subjects of small business which are understood as the commercial organisations in which charter capital the share of participation of the Russian Federation, subjects of the Russian Federation, the public and religious organisations (associations), charitable and other funds does not exceed 25 percent, a share belonging to one or several legal bodies, not being subjects of small business, does not exceed 25 percent and in which average number of workers for the accounting period does not exceed following marginal levels (small enterprises): In the industry - 100 persons; in building-100 the person; on transport - 100 persons; in agriculture - 60 persons; in scientific and technical sphere - 60 persons; in the wholesale - 50 persons; In retail trade and population consumer services - 30 persons; In other branches and at realisation of other kinds of activity - 50 persons. Iod by subjects of small business are understood; also the physical persons who are engaged in enterprise activity without formation of the legal person. In world practice on subjects of small business after assignment of the corresponding status by it extend: measures of the state support, first of all in the form of creation for them conditions of the taxation more favourable in comparison with another organisations; acceptances for them at the state level of preferential programs of crediting, formation of special funds of support etc. So, the Federal act from June, 14th, 1995 № 88-FZ125 the state support of small business in Russian-; Federations it is carried out in following directions: - Formation of an infrastructure of support and development of small business; - Creation of concessionary terms of use by subjects; small business of state financial, financially - technical and information resources, and also scientific and technical and information resources, workings out and technologies; - Establishment of the simplified procedure for registration of subjects of small business, licensing of their activity, certification of their production;, representations state statistical and accounts; - Support of foreign trade activities of subjects of small business, including assistance to development of their trading, scientific and technical, industrial, information communications with the foreign states; - The organisation of preparation, retraining and improvement of professional skill of shots for small enterprises (item 6). So, subjects of the small business, wishing to take part in procedure of placing of orders for delivery of the goods, performance of works, rendering of services for the state and municipal needs by the tendering which participants are subjects of small business, for acknowledgement of the status of the subject of small business represent to the state customer (authorised body) as a part of the demand the following complete set of documents: - Extract from the Uniform state register of legal bodies (EGRJUL) or notarially the certificated copy of such extract; - Copy of the inquiry of the Uniform state register of the enterprises and the organisations (EGRPO) about assignment of codes of the state statistics; - Copies of constituent instruments (the charter, the articles of incorporation - if are available); - The inquiry signed by the head and the chief accountant of the organisation, with instructions of average number of workers, including working under contracts of civil-law character, in combination taking into account really fulfilled time, and also workers of representations, branches and other isolated divisions of the legal person, for last accounting period with the appendix of confirming documents (operating at the moment of giving of the competitive demand of forms of the statistical and tax reporting); - Copy of the report on financial results for last accounting period with the tax organ or form mark, provided by the simplified system of the taxation, the account and the reporting for subjects of the small business, containing the information on a gain (with - vokupnom the income) from production realisation (services, works). There was a necessity of working out and federal act acceptance «About the status of the subject of enterprise activity». Free development of enterprise activity can be reached only by granting to citizens of the equal possibilities fixed at legislative level. The business sphere cannot be limited to frameworks grazhdansko - legal regulation as it includes a number of the important public relations. In the Russian Federation a number of the laws defining this or that legal status already operates. These are laws «About the status of a member of the Federation Council and the status of the deputy of the State Duma of Federal assembly of the Russian Federation», «About the Constitutional Court of the Russian Federation», «About the status of judges in the Russian Federation», «About the status of military men», «About salvage and rescue services and the status of rescuers», etc. In the listed normative acts the legislator gives concept of the subject of law and as status elements allocates the rights (power), a guarantee, a duty, responsibility of subjects. The stated allows to conclude, that responsibility for lzhepredprinimatelstvo, that is for use of the status of the subject of business in illegal activity, can bear: - The individual businessman; - The founder (founders) of the legal person; - The head of constantly operating executive office of the legal person; - Other person, having the right without the power of attorney to operate on behalf of the legal person; - The head of the legal person acting as the founder of the registered legal person; - The competitive managing director or the head liquidating the commissions (liquidator) at liquidation of the legal person; - Other person operating on the basis of power, provided by the federal act, or the certificate of the special representative on that of the state body, or the local government certificate.
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A source: KOVJAROV MICHAEL JUREVICH. CRIMINALLY-LEGAL CHARACTERISTIC LZHEPREDPRINIMATELSTVA. Moscow. 2008

More on topic § 3. The subject lzhepredprinimatelstva:

  1. § 4. The subjective party lzhepredprinimatelstva
  2. § 2. Domestic and foreign experience of criminalisation lzhepredprinimatelstva
  3. § 1. Object lzhepredprinimatelstva.
  4. § 2. The objective party lzhepredprinimatelstva
  5. § 1. The concept and the social and economic bases of criminalisation lzhepredprinimatelstva
  6. chapter 1. The BASES And EXPERIENCE of CRIMINALIZATION LZHEPREDPRINIMATELSTVA In DOMESTIC And FOREIGN CRIMINAL the RIGHTS
  7. KOVJAROV MICHAEL JUREVICH. the Dissertation. CRIMINALLY-LEGAL CHARACTERISTIC LZHEPREDPRINIMATELSTVA. Moscow, 2008
  8. Chapter 2. CHARACTERISTIC LZHEPREDPRINIMATELSTVA Taking into account OBJECTIVE And SUBJECTIVE ELEMENTS ESSENTIAL TO THE OFFENCE
  9. IT IS SUBJECT - THE OBJECTIVE ANALYSIS OF MANAGEMENT OF THE STATE OWNERSHIP IN THE SUBJECT OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF KHABAROVSK TERRITORY).
  10. RE-STRUCTURING IT IS SUBJECT - OBJECTIVE STRUCTURE OF MANAGEMENT gosobstvennnostyo AND THE ECONOMIC RIGHTS OF THE SUBJECT OF THE RUSSIAN FEDERATION.
  11. § 2. A subject of the contract building podrjada as its qualifying sign and features of a legal element of a subject of the contract
  12. corporation as the subject of law. The European company as the subject of law
  13. Subject factors of perception of the political leader Influence of the subject factor on process of political perception
  14. in the first paragraph – «it is administrative – a legal status of the head of the subject of the Russian Federation» - the institute of the head of the subject of the Russian Federation on an example of the Head of Republic North Ossetia - Alanija is considered.
  15. 1.1.2 Suffrage of the subject of the Russian Federation as podotrasl (institute) of the right of the subject of the Russian Federation