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1.3. Classification of certificates of registration

Certificates of registration influence a considerable quantity of the diversified legal relations. To cover all complex otyonosheny, a consequence fulfilment of certificates civil sostojayonija, it is necessary to stop on a question on classification of certificates grazhdanyoskogo conditions.

Classification is understood as system of the co-ordinated concepts (classes, objects) any field of knowledge or activity

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The person, used as means for an establishment of communications between these concepts or classes of objects.

The basic function of juridical facts consists in occurrence, izme -

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nenii and the termination legal the relation, therefore many authors podyorazdeljajut juridical facts on pravoporozhdajushchie, pravoizmenjajushchie and pravoprekrashchajushchie. As certificates of registration concern the juridical facts, the specified classification can be applied and to them. Pravoporozhdajushchie certificates of registration predetermine vozyoniknovenie the rights and duties. With pravoizmenjajushchimi communicates izmeneyonie the concrete right. Pravoprekrashchajushchie the facts attract the termination konyokretnogo the rights and duties of the person. In particular, L.I.Glushkova as an example pravoporozhdajushchego the certificate names registration of the birth which are pravoiz-changing - change of a name, a patronymic, a surname of the child at adoption,

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pravoprekrashchajushchego - death of the citizen.

Opinion on similar classification divide far not all. So, E.M.Belogorskaja considered, that «presence of already made facts to which the law has given the jural significance (a birth, adoption, death only makes sure of one civil registrations), and in others the facts-are registered, which get value legal only owing to the given registration (marriage registration, divorce registration, change of a name and surnames)» 1. M.V.Krotov, poyolagajushchy adheres to the Same opinion also, that registration of a birth, adoption (udocherenija), ustanovleyonija paternity carries udostoveritelnyj character as the rights and objazanyonosti from these facts arise irrespective of the certificate of the state

' Yakushev P. A. Juridical acts and acts as the bases of legal relations / P.A.Yakushev. - VlaYOdimir: VGPU, 2003. - With. 18.

142Марданов D.A.juridical fact in the mechanism of legal regulation civil ispolniyotelnyh legal relations / D.A.Mardanov//Magazine of the Russian right. - 2006. - № 10. - with. 74.

Glushkov L.I.civil registration / L.I.Glushkov//Zakon. - 2006. - № 2.-With. 46.

144Белогорская E.M. Concept of record of the certificate of registration / E.M.Belogorsky//PravovedeYOnie. - 1966. № 3.-with. 128.

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регистрации145. The similar point of view is divided also by O.V.Fetisova, predlayogajushchaja to allocate not only the certificates of registration having udosto-accrediting character, but also mixed. In its opinion, to udostoveritel th it is possible to carry a birth, divorce under the decree, usynovyolenie, to mixed - divorce, death of the citizen, name change лица147. With the resulted points of view to agree difficultly, as in sootyovetstvii with item 47 SK the Russian Federation the rights and duties of parents and children osnovyvajutyosja on the origin of children certificated in statutory porjadyoke, and without reception in bodies of the REGISTRY OFFICE of the certificate on divorce neyovozmozhno the introduction into new marriage, even despite presence judicial reyoshenija about divorce.

In a case with certificates of registration udoyostoverit to mean to give the jural significance to the facts which are coming under regiyostratsii. Without similar legitimation the further realisation of the rights and objayozannostej, connected with the juridical facts which are coming under to registration in bodies of the REGISTRY OFFICE, is not obviously possible. Having considered classifications akyotov the civil condition, offered in modern scientific literatuyore, we will make an attempt independently to classify this legal javyolenie.

As certificates of registration are the basis for occurrence, changes or the terminations of a civil condition of the person, accordingly, in a basis of division of certificates of registration the criterion defining occurrence, change or preyokrashchenie a civil condition should be put. From this point of view, we offer klassiyofitsirovat juridical facts considered by us as follows: the certificates of registration attracting occurrence civil soyostojanija (birth); attracting change of a civil condition (zakljuche -

M.V.Grazhdane's 145 Moles as subjects of civil law / Civil law: the Textbook. In 3 t. Volume 1. Under the editorship of A.P.Sergeeva, JU.K.Tolstoy. - M: TK Velbi, Publishing house the Prospectus, 2003. - With. 135.

146 Fetisova O.B. The state civil registration in Russian FederaYO tsii / O.V.Fetisova//the Citizen and the right. - 2008. - № 9. - with. 23.

147 Fetisova O.V.Ukaz. soch. - with. 23.

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є marriage, divorce, name change, paternity proof, adoption (udocherenie), a recognition of the citizen incapacitated, ograniyochenno capable, change of a floor of the citizen, a birth - for parents reyobenka, death of the citizen - for its successors); attracting the termination of a civil condition (death of the citizen). A civil condition are the legal characteristics of the physical person reflecting its grazhdanyosko-legal and family-legal status and allowing individualiyozirovat a legal condition of the citizen owing to approach juridicheyoski of the significant facts, and also at realisation it is standard acquired rights and duties.

Accordingly, with a birth the person becomes the carrier grazhdanskoyogo conditions (we mean the newborn) that does not occur neither at adoption, nor at paternity proof. For example, in case of death of the parent the child will have the right to reception of compensation of harm on sluyochaju of loss of the supporter. The adopted child is allocated with a duty after attainment of majority to contain the parents in a case neobhoyodimosti. The Same it is possible to tell and about the child in which relation byyolo the paternity is established. That is the volume of the rights and duties of these children varies, so, the facts of paternity proof and adoption have entailed change of their civil condition.

The similar situation develops and at a marriage, rastoryozhenii marriage, name change, a recognition of the citizen incapacitated, ogyoranichenno capable, change of a floor of the citizen. The marriage attracts occurrence of a lawful mode of property of spouses. Since the moment registrayotsii marriage all acquired by spouses becomes their to the general joint sobstyovennostju (item 1 of item 256 GK the Russian Federation). Also henceforth the able-bodied spouse is obliged to support the invalid spouse financially. In a case rastorzheyonija marriage there are changes in an order of possession, using, rasporjayozhenija the property of spouses, a lawful mode of property of spouses preyokrashchaetsja, besides, former spouses under the relation to each other bear

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Maintenance obligations in the cases named in the law. All rights and objayozannosti for the citizen who has changed a name, remain, but the law vozlayogaet on it a duty to inform on name change to all creditors and debtors (item 2 of item 19 GK the Russian Federation). On behalf of the incapacitated citizen of the transaction its trustee makes (item 2 of item 29 GK the Russian Federation), ogranichenno capable have the right to make independently only small household transactions make other transactions can only with the consent of guardianship (item 1 of item 30 GK the Russian Federation). Change of a floor of the citizen influences change of matrimonial, parental, hereditary legal relations. If to consider influence of the facts rozhyodenija and death on a civil condition of parents of the kid and successors died it is possible to draw a conclusion on acquisition of the new rights by them and objayozannostej and the termination of some existing earlier (for example, objayozannost parents to contain minor children (the item 1ст. 80 SK the Russian Federation), a duty of able-bodied full age children to contain the invalid parents requiring the help (item 1 of item 87 SK the Russian Federation)). In the resulted situations there is a change of volume of the rights and objayozannostej citizens so, their civil condition changes.

To the certificates of registration attracting the termination grazhdanskoyogo of a condition, we rank only death of the citizen as with smeryotju the person all its civil rights and duties stop, and znayochit, its civil condition stops also.

As certificates of registration concern juridical facts, their gradation from the point of view of the general classification juridiyocheskih the facts is possible.

In theory of law to questions of classification of juridical facts are given enough attention. According to V.B.Isakova, in a basis such klassifiyokatsii three interconnected signs are put: strong-willed criterion; pravoyomernost (illegitimacy) of actions; independence (dependence) nastupyolenija legal effects from strong-willed, conscious actions, sovershaeyomyh the subject. According to the first criterion, all juridical facts under -

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Are divided into actions and events. To second sign all actions podyorazdeljajutsja on lawful and wrongful. According to third sign, lawful acts share on legal acts and legal ak -

~, 148 YOU.

As actions are called such juridical facts, which proishoyodjat at will of people. Actions represent unity of will and voleizyojavlenija. Will - a necessary condition of activity of people. The majority of juridical facts has strong-willed character, that is gives in dosyotatochno to the certain analysis and объяснению150.

Event is that happens or there is at present, as a rule, the spontaneous incident characterised by independence from human деятельности151. As an example acts of nature, a birth, achievement of certain age, death of the person and so on can serve.

It is necessary to consider, that legal events can arise and in reyozultate actions of the person. Under V.I.Danilin's statement, SI. Reutov, it is necessary to distinguish events from actions not on character of their origin, and on character of process of these phenomena. Actions always represent itself as the strong-willed phenomena both in the reason, and on character of process. Events in the reason can have strong-willed character. About it spoke also O.S.Ioffe: «Distinction between events and actions follows therefore usyomatrivat not in a source of their origin, and in character of their process: soyobytija have not strong-willed character in the process, irrespective of their reasons

Isakov V. B. Juridical facts in the Soviet right / V.B.Isakov. - M: the Legal literature, 1984.-with. 26-27.

149 Tkachenkos JU.G.methodological questions of the theory of legal relations / JU.G.Tkachenko. - M: JUriYO dicheskaja the literature, 1980. - With. 83.

150 Grevtsov JU.I.legal relation and right realisation / J.I.Grevtsov. - Leningrad: IzdaYO telstvo the Leningrad university, 1987. - With. 49.

151 Hannanov R. A. Doctrine development about juridical facts in civil law / R.A.Hannanov. - Ufa: publishing house BashGaU, 2006. - With. 62.

Danilin V. I. Juridical facts in the Soviet family law / V.I.Reutov, SI. Danilin.-Sverdlovsk: Publishing house of the Ural university, 1989.-With. 15.

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Occurrence whereas actions are strong-willed not only in the reason, but also in the process »15.

Thus, division of juridical facts on the basis of dependence on will of persons admits the basic classification the theory juriyodicheskih the facts. Though, according to M.A.Rozhkovoj, such "strong-willed" klassiyofikatsija is not universal as to create one general (univeryosalnuju) classification of juridical facts in general it is impossible, as in such classification should be used simultaneously neyoskolko signs (criteria) 154. With M.A.Rozhkovoj's statement otnosiyotelno universality of "strong-willed" criterion of division of juridical facts to agree difficultly as it is very difficult to name any juridicheyosky the fact which would not fall under this criterion.

Juridical facts are vital circumstances with which rules of law connect approach of legal consequences. And any vital circumstance comes or rather, or bezotnosiyotelno will of people. Already V.I.Sinajsky classified juridical facts proceeding from "strong-willed" критерия155.

All certificates of registration, as well as any other juridical facts, are subdivided into events and actions. The list of certificates of registration is resulted in item 47 GK the Russian Federation. This birth, a marriage, rasyotorzhenie marriage, adoption (udocherenie), paternity proof, pereyomena a name and death of the citizen. 3 more facts: a recognition of the citizen nedeeyosposobnym, ogranichenno capable, change of a floor of the citizen were otneyoseny to certificates of registration owing to their influence on civil soyostojanie persons.

So, events are the circumstances developing without will of the person without dependence from those, there were they at will of the person or not. From the legal

' Ioffe O. S. Legal relation on the Soviet civil law / O.S.Ioffe. - Leningrad: IzYOdatelstvo the Leningrad university, 1949.-With. 120.

Rozhkova M. A. Juridical facts civil and the law of procedure: agreements on protection of the rights and remedial agreements / M.A.Rozhkova. - M: the Statute, 2009. - With. 52.

155Синайский V.I.Russkoe civil law / V.I.Sinajsky. - M: the Statute, 2002. - With. 143.

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The points of view a birth, death of the citizen and a recognition of the citizen nedeeyosposobnym are events. Certainly, frequently events are shown in the form of forces of the nature, but, nevertheless, many events in the origin, formation and development can depend on will of the person. As a rule, sobyyotija generate legal effects not independently, and in aggregate with other juridical facts. So, the death can entail alimentnoe, the pension, hereditary relation in aggregate with the facts of relationship, citizenship, the seniority and another.

All other certificates of registration: a marriage, rasyotorzhenie marriage, adoption (udocherenie), paternity proof, pereyomena a name, a recognition of the citizen ogranichenno capable, change of a floor of the citizen - concern actions.

The further classification of juridical facts is connected with razgranicheyoniem legal acts by sign dozvolennosti the law on pravoyomernye and illegal. Lawful acts are a behaviour which correspond to requirements of the legislation and will be adjusted from it pravoyosubektnostju. Accordingly, wrongful acts are strong-willed poyovedenie the persons, not meeting the requirements of the law. From the point of view of this klasyosifikatsii, all certificates of registration concerning actions (zayokljuchenie marriage, divorce, adoption (udocherenie), ustanovleyonie paternity, name change, a recognition of the citizen ogranichenno deespoyosobnym, change of a floor of the citizen), are lawful acts.

Is standard to divide lawful acts depending on nayopravlennosti into legal effects on juridical acts and legal acts. Juridical acts are the actions generating legal consequences owing to strong-willed aiming of actions on these consequences. That is intention of the person making action, is directed on achievement of certain legal effects. E.J.Bakirova pays attention, that the juridical act that and differs from a legal act, that else before its fulfilment the subject puts before itself a definite purpose, to dostizhe -

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niju which he aspires, and such purpose just and is approach legal последствий156. Legal acts are the lawful acts generating certain legal consequences nezavisiyomo from, whether actions of the person on achievement of these posledstyovy have been directed or not. According to E.Z.Bekbaeva, legal acts it is possible klasyosifitsirovat as those juridical facts which remain in frameworks pravoyomernyh legal acts, minus juridical acts 57.

Certificates of registration should be carried to legal poyostupkam as they attract occurrence, change or the termination of the rights and duties out of communication with an orientation of actions of the person on dostiyozhenie these consequences (for example, paternity proof can attract nayostuplenie, including, and alimentnyh legal relations even if the father and does not wish it).

Depending on documentary fastening juridical facts deyoljatsja on existing in the fixed (issued) kind and sushchestyovujushchie in not fixed kind.

Certificates of registration concern the issued juridical facts, that is existing in the fixed kind (according to item 2 of item 6 of the Law on certificates of registration the state civil registration is made by body of record of certificates civil soyostojanija by means of drawing up of corresponding record of the certificate of registration on which basis the certificate on the state registration of the certificate of registration is granted).

Certainly, there are cases when for whatever reasons juridicheyoskie the facts which should exist in the fixed kind, are not made out. For example, the birth of the child is not registered in REGISTRY OFFICE bodies. Such juridical fact will be carried to not properly executed and, sootvet -

156 Bakirova E.JU.juridical fact in the modern housing law / E.J.Bakirova. - M: IzdaYO telstvo "prometej" MPGU, 2006. - With. 80.

157 Bekbaev E.Z.problem of the beginning in theoretical knowledge of legal system (substantiation attempt) [the Electronic resource] / E.Z Bekbaev. - Astana, 2009//URL: http://www.allpravo.m/library/docl08p0/instram7129/item7143.html (reference date: on October, 1st, 2012).

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stvenno, it cannot attract any legal effects, as juridicheyoskoj communications between the child and its relatives are not present, hence, between them has not arisen any civil-law, family-legal relations. Transition from the issued certificates in neoformlenyonye and on the contrary is However, possible. So, during the Great Patriotic War many archives with documents have been destroyed, including certificates of registration. Thus, there was a transformation of the issued certificates in neoformyolennye.

It was offered to V.B.Isakovym to divide juridical facts in zaviyosimosti from an estimation of the social maintenance on positive, negative and nejyotralnye. The positive facts testify, that the relation goes on sotsiyoalno to a useful way of development, negative — on the contrary. To neutral otyonosjatsja the facts which are not bearing the strongly pronounced positive or negative maintenance. According to this classification such certificates of registration concern the positive facts, as a birth, a marriage, adoption (udocherenie), paternity proof. To negative-divorce, death of the citizen. To neutral - name change, a recognition of the citizen incapacitated, ogranichenno capable, floor change grazhadnina.

In the literature also there is an opinion concerning that all juridiyocheskie should be classified the facts on three groups: actions, events and conditions. In particular, O.S.Ioffe approved, that is expedient along with events and actions to allocate in special group under the general naimenovayoniem legal circumstances such not strong-willed phenomena which sushchestyovujut constantly or for a long time, generate continuously or periodically certain legal effects and are not repaid in

Isakov V. B. Juridical facts in the Soviet right / V.B.Isakov. - M: the Legal literature, 1984.-with. 64-65.

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edinokratnom the certificate legal действия159 (in this case O.S.Ioffe meant legal conditions).

By V.A.Abramova's definition, legal conditions represent the lasting phenomena and the circumstances connected with them generating defined правоотношения160. The condition means, that persons already nahoyodjatsja in any communication, consist in certain relations. For example, soyostojanie citizenship, relationship, marital status.

Let's notice, that the opinion rather trehzvennogo has not received division of juridical facts of unequivocal approval. So, S.F.Kechekjan vyskazyyovalsja, that the jural significance has not a condition (in marriage, in trudoyovom the contract), and the juridical facts which have caused its occurrence. V.P.Shakhmatov, V.B.Isakov are representatives of a position according to which conditions can attract legal effects only in a combination to other juridical facts, that is they should be carried to difficult juridical facts.

O.A.Krasavchikov, not denying existence of the facts - conditions, nayostaival on impossibility of their allocation to the dress (that is in one klassifikayotsii) with events and действиями163. V.I.Danilin, SI. Reutov, V.V.Jarkov, continuing this thought, expressed allocation short-term (odnoyokratnyh) juridical facts and the facts - conditions if to subdivide all legal acts on their time действия164.

Ioffe O. S. Legal relation on the Soviet civil law / O.S.Ioffe. - Leningrad: IzYOdatelstvo the Leningrad university. 1949. - with. 122 - 123.

160 Abramov V. A. Transactions. Dogovory. Obligations. The legal comment / V.A.Abramov. - M: Publishing house «the Axis - 89». 2004. - With. 8.

161 Kechekjan S.F.legal relation in a socialist society / S.F.Kechekjan. - M: AN the USSR, 1958.-with. 173.

162 Shakhmatov V.P.Semejnoe legal relation / V.P.Shakhmatov. - Krasnoyarsk, publishing house KrasnojarYo skogo university. 1978. - with. 8-9; Isakov V. B. Juridical facts in the Soviet right / V.B.Isakov. - M: the Legal literature, 1984. - With. 34.

163 Krasavchikov O. A. Juridical facts in the Soviet civil law / O.A.Krasavchikov. - M: the State publishing house of the legal literature, 1958. - With. 85.

Danilin V. I. Juridical facts in the Soviet family law / V.I.Danilin, SI. Reutov.-Sverdlovsk: Publishing house of the Ural university, 1989. - With. 16 - 17; Jarkov V.V. n in the mechanism of realisation of norms of the civil law of procedure / V.V. Jarkov. - Ekaterinburg: IzdatelstYOvo Sverdlovsk juristic institution, 1992. - With. 45 - 46

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Certainly, to deny presence of conditions it is impossible, but also to put them in one number with actions and events too it is inadmissible. Certainly, legal soyostojanija reflect lasting stable public relations. And, as otyomechala P.O. Halfina, it is impossible to offer certain criterion, which

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Would give the chance to delimit a condition from lasting legal relation. It is necessary to agree, that the condition does not arise in itself, it vozyoniknoveniju certain events or actions promote. For example, the relationship condition is preceded by such fact, as a birth. E.M.Belogorskaja dividing this point of view, resulted the example and approved, that, napriyomer, «the condition of the person in marriage is considered as marriage legal relation,

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Which arises owing to juridical facts ».

It is represented, that it is necessary to agree with those who considers, that the facts - conditions have the right to existence and should be classified as the facts having lasting character in spite of the fact that in some cases it is valid the facts-conditions of any new consequences do not attract. So, for example, the birth of the child is the juridical fact attracting ustayonovlenie of the legal bond between the child and his parents that means poyojavlenie duties of parents on education and the maintenance of the rebenyoka. Besides, the birth of the child is the basis for occurrence of hereditary legal relations as according to item 1 of item 1142 GK children and parents inherit the Russian Federation the friend after the friend as inheritance of the first ocheyoredi. Certainly, as a result of a birth between them there is also a relationship condition. It is necessary to recognise, that the relationship condition will be the basis for the same consequences, as as a result of a birth of the child. For example, similar conclusions can be made and concerning a marriage and soyostojanija in marriage, paternity proof, the adoptions, attracting a condition

165Халфина P.O. The general doctrine about legal relation / P.O. Halfina. - M: the legal literature, 1974.-with. 289.

Kostyukov A.N.juridical fact in the municipal right / A.N.Kostyukov//Magazine rossijyoskogo the rights. - 2003. - № 4. - with. 59.

Belogorsky E.M.concept of record of the certificate of registration / E.M.Belogorsky//PravovedeYOnie. - 1966. № 3.-with. 128.

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Relationship. Thus, certificates of registration in itself not javljayojutsja the facts-conditions, they can be ranked only as actions or the events attracting approach of the facts - conditions.

Briefing stated, it is possible to draw following conclusions:

1. In civil jurisprudence of uniform classification of certificates of registration it is not developed, in this connection it is impossible to cover all complex of the legal relations which are a consequence of fulfilment of certificates grazhdanyoskogo of a condition. So, to the circumstances demanding obligatory gosudaryostvennoj registration in bodies of the REGISTRY OFFICE, do not concern a recognition of the citizen incapacitated, ogranichenno capable, floor change grazhadnina though the specified facts influence a civil condition of the person.

2. As certificates of registration are the basis for occurrence, change or the termination of a civil condition of the person, accordingly, by criterion of legal effects certificates civil soyostojanija are differentiated on: the certificates of registration attracting vozyoniknovenie civil condition (birth); attracting change grazhyodanskogo conditions (a marriage, divorce, name change, paternity proof, adoption (udocherenie), a recognition of the citizen incapacitated, ogranichenno capable, change of a floor of the citizen, rozhyodenie - for parents of the child, death of the citizen - for its successors); attracting the termination of a civil condition (death of the citizen).

3. According to the standard division of juridical facts starting with voyolevogo criterion on events and actions, to certificates of registration to-actions concern: a marriage, divorce, adoption (udocherenie), paternity proof, name change, a recognition grazhdayonina ogranichenno capable, change poda the citizen. To certificates grazhdanyoskogo conditions - to events: a birth, death of the citizen, a recognition grazhyodanina the incapacitated. All actions by sign dozvolennosti are subdivided by the law on lawful and wrongful. In turn, the right -

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Measured actions depending on an orientation on achievement of legal effects can be juridical acts and legal acts.

By criterion of documentary fastening juridical facts share on existing in the fixed (issued) kind and existing in not fixed kind.

All certificates of registration concerning actions, can be characterised as the legal acts existing in zafikyosirovannom (issued) kind.

According to gradation of juridical facts depending on an estimation of the social maintenance certificates of registration podrazdeljajutyosja on positive (a birth, a marriage, adoption (udocherenie), paternity proof), negative (divorce, death grazhdaniyona) and neutral (name change, a recognition of the citizen incapacitated, ogranichenno capable, change of a floor of the citizen).

4. In the present work certificates grayozhdanskogo the conditions provided by item 47 GK the Russian Federation are subject to detailed research. Their ordering is carried out proceeding from the standard classification legal fakyotov depending on will of the person (event and action). Resulted klassiyofikatsija it is taken as a principle definitions of certificates of registration, soyoderzhashchegosja in item 1 of item 3 of the Law on certificates of registration.

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A source: JURCHENKO Oksana Jurevna. CERTIFICATES OF REGISTRATION AS JURIDICHESKYE THE FACTS IN CIVIL LAW. THE DISSERTATION On competition of a scientific degree of the master of laws Belgorod - 2012. 2012

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  2. § 3. Juridiko-technical registration of legislative, presidential and departmental certificates
  3. the APPENDIX In Certificates on the state registration of the computer programs
  4. legal examination of municipal certificates at their state registration
  5. 1.1. Concept of certificates of registration And their role in occurrence, change and the termination Civil matters
  6. Chapter 1. General-theoretical positions about certificates of registration
  7. § 1. Value and criteria of classification of legal certificates of Central bank of the Russian Federation
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  9. CLASSIFICATION OF KINDS OF CIVIL WORK DEPENDING ON NECESSITY OF THEIR REGISTRATION FOR CONFORMITY C THE ESTABLISHED ORDER
  10. JURCHENKO Oksana Jurevna. CERTIFICATES OF REGISTRATION AS JURIDICHESKYE THE FACTS IN CIVIL LAW. THE DISSERTATION On competition of a scientific degree of the master of laws Belgorod - 2012, 2012
  11. the Registration policy with the purposes of accounting and tax учета1. The standard documents regulating questions of the registration policy of the enterprise
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