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§ 1. A place of electronic money resources among objects civil The rights

In the current legislation of the Russian Federation (further - the "Russian Federation") is absent instructions on signs of object of the civil rights, therefore for definition of such signs and an estimation of their application concerning electronic money resources is reversible to consideration of signs of object of the civil rights allocated in the scientific literature.

First, for object of the civil rights the sign of consumer value is characteristic. The concept of consumer value is not opened neither in the legislation of the Russian Federation, nor in legislations of foreign countries. In judiciary practice of the Russian vessels there is no definition of the term of consumer value - its separate signs without definition of a being of concept reveal only: acceptance of execution in full [1]; acceptance of execution in full without objections [2]; acceptance of execution in full without remarks on quality [3]; acceptance of execution in full without remarks on volume, quality [4]; acceptance of execution in full without remarks on volume, cost, to quality [5]; acceptance of execution in full without remarks on volume, cost, to quality and partial payment [6]; acceptance of execution in full and partial payment [7]; partial payment [8]. Unsuccessful are represented and definitions of concept of consumer value meeting in the domestic literature [9].

In connection with specified it is represented reasonable and expedient to address to the analysis of the foreign doctrine concerning disclosing of concept of consumer value.

According to K.Mengera, the blessing - material subjects (including forces of the nature) and useful human action (inactivity) - possesses changeable consumer value in case of its conformity in aggregate to each of following criteria:

- Presence of human requirement for the blessing (such requirement can be existing when has directly an effect, and also can arise in the future);

- svojstvennost for the blessing of signs in connection with which presence between the blessing and satisfaction of human requirement for the blessing there is a direct or mediated causal relationship;

- Knowledge the person of the direct or mediated causal relationship between the blessing and satisfaction of human requirement for the blessing;

- Possibility of the order the blessing for satisfaction of human requirement for the blessing [10].

As K.Menger's consumer value understood «value which for us the concrete blessings have because in satisfaction of the requirements we understand dependence on their presence in our disposal» [11]. According to the scientist, consumer value of the blessing is subjective also that above, than above the requirement of the person for such blessing and is less quantity of the blessings accessible to its order, - consumer value results from a parity of requirements of the person and quantity of the blessings accessible to its order. Thus if the blessings exist objectively, consumer value - in consciousness of people.

V.Zejtaml considers display of consumer value in «to the all-round estimation of utility of a product based on representations that you receive in exchange for that will give» [12]. Thus components of the received are expressed in characteristics of the goods which have for the person certain value (for example, emotional satisfaction, quality of the goods, the popularity got in connection with reception of the goods), components given - in that, in exchange for what the subject receives the goods valuable to it (for example, money, time, emotional and physical strengths).

In our opinion, consumer value is a property of subjective necessity of the blessing, arising owing to ability of satisfaction it of subjective requirement of the concrete subject when necessity degree is defined by the size of its satisfied requirements acting as result of that parity, that it will receive, in exchange for that will give [13].

Electronic money resources possess consumer value as for them the sign of subjective necessity is characteristic - by means of their use requirements of the concrete person for realisation of operative economically effective calculations are satisfied. As truly mark K.Wilson [14] and H.Hamdi [15], electronic money resources represent a modern convenient alternative fast way of payment for which the low price of the organisation of transfers of ecash is characteristic. However for occurrence of electronic money resources as object of the civil rights the client is obliged to give preliminary money resources to the operator of electronic money resources agrees item 2 of item 7 of the Federal act from June, 27th, 2011 №2 161-FZ «About national payment system» (further - «the Law № 161») [16]. Thus we will notice, that according to the legislation of the Russian Federation the concept "client" is synonymous to concept "payer". Hence, value of consumer value of electronic money resources is established as a result of a parity of benefits which the person receives at realisation of calculations by electronic money resources, and those expenses, for example, economic, organizational, social which it bears in the course of reception of such right of realisation of calculations by electronic money resources [17].

Secondly, according to G.F.Shershenevicha and J.S.Gambarova, other sign of object of the civil rights interest from the subject acts.

As specified G.F.Shershenevich, object of the civil rights is «all that can serve as means of realisation of interest» [18]. Not resulting the exhaustive list of objects of the civil rights, the scientist believes, that things can be understood as them as material world subjects, and also the actions of other persons expressed in transfer to a thing, rendering of personal service, the labour appendix.

According to J.S.Gambarovu objects of the civil rights is «all blessings in which we can have any protected interest» [19]. In narrow sense the author understood As the blessing «a subject, or the legal object in general, the material and ideal blessings, which serve satisfaction of the interests protected by the public power» (for example, property relations, health, freedom, honour, the copyright) [20]; under the blessing in a broad sense - «that is in space and is limited to space, or all that is perceived directly by our sense organs contrary to that represents artificial distribution of concept of a thing to this sense on products of our speculative activity» (for example, physical and tangible propert) [21].

P.A.Golbah understood as interest «object with which each person connects representation about the happiness» [22]. D.Didro considered interest as something necessary and useful to the concrete person [23]. K.Marx and F.Engels specified, that «all that, for what the person struggles, is connected with its interest» - interest exists objectively, however its maintenance izmenchivo depending on type of existing industrial forces and relations of production, and also position of the subject in the conditions of a division of labour [24].

Let's dwell upon the analysis of differentiation of concepts of interest and requirement as separate signs of object of the civil rights allocated in jurisprudence.

According to V.N.Lavrienko [25] and D.I.Chesnokova [26], the maintenance of concept of interest joins requirements and ways of their satisfaction.

A.S.Ajzikovich adhered to the point of view about an identification of concepts of interest and requirement [27]. It is necessary to concern critically the given position as it is a question of application by scientist of a method of multiplication of essence needlessly, besides, concepts of interest and requirement are simultaneously used in various values not only in the doctrine, but also in normativnopravovyh certificates of the Russian Federation [28].

In the legislation of the Russian Federation and in judiciary practice positions about an identification of concepts of requirement and interest [29], division of concepts of requirement and interest [30], and also a requirement estimation as one of elements of interest [31] contain.

Not offering own definition of the term "interest", and also its parities c the term "requirement", we will allocate their general sign - an incentive basis of activity of the subject.

It is represented, that for electronic money resources such sign of object of the civil rights as presence of interest from the person which is expressed in the following is characteristic:

- It is possible to connect the representation with electronic money resources about success;

- Electronic money resources are necessary to the person and are useful to it as at their use it is possible to satisfy spiritual, social, economic requirements;

- Evolution of a society, the civil circulation in particular, proves, that cash, money resources, electronic money resources act as the convenient unified means of an estimation of the goods and services [32].

Thirdly, according to S.P.Grishaevu economic value is immanently inherent in object of the civil rights a sign which is expressed in the importance of object of the civil rights in system of economic relations [33].

In item 2 of Definition KS the Russian Federation from April, 13th, 2000 № 164 «About refusal in taking cognizance of the complaint of citizen N.G.Lobanova on infringement of its constitutional laws and freedom by positions of point 2 of article 861 GK of the Russian Federation and point 4 of article 4 of the Federal act« About the Central bank of the Russian Federation (Bank of Russia) »it is established, that speed of calculations by money resources between legal bodies« is guaranteed by the law (item 849 GK of the Russian Federation), cannot be considered as restriction of freedom of moving of financial assets »[34]. In comparison with money resources calculations by electronic money resources are characterised still bolshej by precipitancy, and they can actively be used at calculations between any subjects of the civil circulation, including calculations between legal bodies that proves svojstvennost for them such sign as economic value.

Thus we will note, what not all objects of the civil rights possess economic value, for example, economic value are deprived the intangible benefits.

Among advantages of a turn of electronic money resources it is possible to designate signs of increase in mobility allocated with P.Postmoj and internationalisations of economic activities of subjects [35]. However in the foreign literature along with a designation of a characteristic sign for electronic money resources of economic value, the following risks connected about use of electronic money resources are allocated: restriction of possibility of the central banks to supervise the reference of money, increase in speed of the reference of money, reduction of national monetary reserves, reduction of the international monetary control [36].

Fourthly, for electronic money resources signs of object of the civil rights, noted by V.A.Lapachom, namely sistemnost, step-type behaviour and a legal binding [37] are characteristic. System character of electronic money resources is shown by the least image as system construction of a category of object of the civil rights according to the legislation of the Russian Federation does not allow to define a place of electronic money resources in system of objects of the civil rights, that is it is necessary to specify it doktrinalno.

Thus step-type behaviour as «qualitative, and also physical and / or registration definiteness and isolation from all other objects» [38] is obviously shown according to item 4 of item 7 of the Law № 161 in the account the operator of electronic money resources of the money resources given by the client, by means of «formation of the record reflecting the size of obligations of the operator of electronic money resources before the client in the sum of given money resources» [39].

The legal binding, that is «is standard guaranteed possibility of legal fastening of objects for subjects of civil law», is expressed in ability of electronic money resources to be recognised as object of the civil rights according to the legislation of the Russian Federation.

Taking into account the aforesaid by us it is proved, that electronic money resources possess signs of object of the civil rights, allocated in the doctrine, namely consumer value, economic value, isolation. However for the proof of a recognition of electronic money resources object of the civil rights it is necessary to address and to the analysis of character of the list of objects of the civil rights it agree item 128 GK the Russian Federation [40].

According to V.A.Lapacha [41] and E.N.Kondrat [42], the list of objects of the civil rights under item 128 GK the Russian Federation is not settling as in article the word-combination «other property» is specified.

V.A.Belov also believes, that it is necessary to consider the list of objects of the civil rights not settling in spite of the fact that in item 128 GK the Russian Federation it is not anticipated words "in particular", "including" and does not come to the end with words "etc.", ", etc.", as, first, terms «other property» and "intangible benefits" are defined by the law in not exhaustive image, secondly, the concept "thing" has no legal definition [43].

E.N.Abramova notices, that the instructions in item 128 GK the Russian Federation of the union "including" after definition of such objects of the civil rights as things and other property allow to draw a conclusion on the open list of the objects constituting property [44].

In our opinion, the recognition of a closure failure of the list of objects of the civil rights allows to consider the future development of the civil circulation in which frameworks there can be the new objects of the civil rights which directly have been not specified in operating edition of item 128 GK the Russian Federation, but acting as "base" of civil law [45]. Besides, such decision corresponds to civil law principles in a kind dozvolitelnoj to an orientation of civil-law regulation and contract freedom. We will notice, that to judiciary practice [46] the position expresses open character of the list of objects of the civil rights.

Thus, really, we will notice, that the concept of other property legislatively is not defined, therefore according to close interpretation of item 128 GK the Russian Federation us is divided understanding, that the term «other property» means liability laws (which are property and the rights in personam), including money resources, paperless securities, electronic money resources.

On the basis of the above-stated by us it is proved, that electronic money resources act not named in item 128 GK the Russian Federation as other property as object of the civil rights as for them the signs peculiar to object of the civil rights are characteristic, and owing to open character of the list of objects of the civil rights under item 128 GK the Russian Federation [47].

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A source: KHRUSTALYOVA ANNA VALEREVNA. ELECTRONIC MONEY RESOURCES AS OBJECT of CIVIL MATTER. The dissertation On competition of a scientific degree of the master of laws. St.-Petersburg - 2018. 2018

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