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1.1. Concept of certificates of registration And their role in occurrence, change and the termination Civil matters

It is important to each country of the world to possess the information reflecting harakyoteristiki its population and the tendencies of its movement. One of the major isyotochnikov statistical data about natural movement of the population in the country is the civil registration system.

Civil registration is directed on udovletvoyorenie public and private interests, is aimed at gathering, check, doyokumentirovanie, filling, storage, correction, updating, udostoveyorenie the data, events of natural movement of the population concerning approach and their characteristics in a part concerning to civil sostojayoniju of separate persons and members of their families. Registration of certificates civil soyostojanija promotes achievement legal, administrative, statiyosticheskih and any other purposes in the field of the family organisation, demograficheyoskih tendencies, social security.

For disclosing of concept "certificates of registration" it is necessary to define essence of the term «a civil condition». Follows podcherkyonut, that the given term has not found the fastening in Russian zakonoyodatelstve despite its wide use in educational and scientific liyoterature. However and in the legal literature «the civil condition» has not received uniform interpretation. Various authors in this concept vklayodyvajut ambiguous sense.

A.A.Eroshenko believes, that the civil condition includes the civil legal capacity and variety political, labour and

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The property rights belonging to citizens, therefore the legal phenomenon considered by us, according to the specified author inseparably linked with citizenship of the person.

Unlike E.M.Belogorsky's this position adhered to the point of view according to which the civil condition is expressed in prayovosposobnosti, capacity and concretising a legal status kazhyodogo the separate citizen rights and duties.

I.A.Mihajlova pays attention that the maintenance pravosubyoektnosti citizens is formed by the interconnected set of the general (basic) and special (modifying) elements. To general (cores) elemenyotam, in its opinion, the legal capacity and capacity, vystuyopajushchie as the base characteristic of a legal status of any fiziyocheskogo persons concern. To special (modifying) elements, konkretiziyorujushchim the civil-law status of the citizen, - citizenship, a sort zanjayoty, family and a property status, fulfilment consequences pravoyonarushenija, a state of health, relationship and пол6. One of outstanding sovetyoskih considered S.N.bratus's scientists-tsivilistov, that a civil condition-it the legal capacity of the person, a condition of its accessory to the matrimony and to a family (or absence of such accessory) and a name лица7.

To this point of view close the opinion SEE Korneyev and A.E.Sherstobito-va which reduce essence of a civil condition to the characteristic prayovosposobnosti and capacity, the marital status, and also others fakyotov, individualising гражданина8.

Eroshenko A.A.legal a regulation of a civil condition in the USSR. Dis.... dokt. jurid. Sciences / A.A.Eroshenko - Leningrad: Leningrad Lenin's awards and an award of a labour award of the Labour red banner the state university of name A.A.

Zhdanov, 1980. - With. 102

Belogorsky E.M.legal questions of civil registrations. Dis.... kand. jurid. Sciences / E.M.Belogorsky. - M: all-Union legal correspondence institute, 1967. - With. 16.

6Михайлова I.A.civil the legal personality of physical persons: legislation problems, teoyorii and experts. avtoref. dis.... dokt. jurid. Sciences / I.A.Mihajlova. - Moscow, 2006. - With. 11.

bratus S.N. Subjects of civil law / S.N.braus. - M.-. The state publishing house juriyodicheskoj literatures, 1950. - With. 84.

Korneyev SEE, SHerstobitov A.E. Citizens (physical persons) as participants civil pravootyonosheny//Civil law: the Textbook: in 4 t. Volume 1./Under the editorship of prof. E.A.Sukhanov. - M: Volters Kluver, 2004. - With. 206.

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Certainly, each of the resulted points of view has the right on sushcheyostvovanie. In our opinion, the position SEE Korneyev, A.E.Sherstobitova javljayoetsja the most successful. A civil condition are legal harakteyoristiki the physical person, reflecting its civil-law and family-legal status and allowing to individualise legal sostojayonie the citizen owing to approach of legally significant facts, and also at realisation it is standard acquired rights and duties. Thus, the right - and capacity in aggregate cannot express grazhyodanskoe a condition. The essence of a civil condition reveals also in the presence of the individualising facts (a name, citizenship, a patronymic and others).

The civil condition is a kind of a legal condition. The legal condition is the real fact of the legal validity, vyrayozhajushchim legal characteristics of the person during the certain moment of time and in defined пространстве9 (the impossibility to understand value of the actions and to supervise over them, a condition of the justifiable defence and krajyonej necessities, temporary incapacity for work and so on).

Thus, the civil condition is directly connected with the person so, it is inexpressible to other persons and the citizen cannot refuse it. With a birth the person becomes the carrier grazhdanskoyogo conditions, and with death or declaration of death judicially the civil condition stops. By the way, unlike civil soyostojanija the legal capacity of citizens at the announcement of the citizen the died does not stop. Besides, a civil condition inseparably linked with obyoemom the legal capacity and capacity of the concrete person. That is grazhyodanskoe the condition, for example, the twelve years child and sovershennoletyonego the citizen essentially differs in view of absence full deespoyosobnosti at the juvenile. So, the juvenile child cannot marry,

See: Novikova JU.S.legal a condition as a right category: avtoref. dis.... kand. jurid. Sciences / J.S.Novikova. - Ekaterinburg, 2005. - With. 10; Gruzdev V.V. Teorija of a legal condition of the person: avtoref. dis.... dokt. jurid. Sciences / V.V. Gruzdev. - N.Novgorod, 2012. - With. 13.

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Before achievement by it shestnadtsatiletnego age cannot carry out the parental rights to the full.

Other position is occupied with A.A.Eroshenko believing, that rozhdeyonie, the death of the person cannot neither expand, nor narrow civil soyostojanie лица10. According to the scientist, «the civil condition is opredeyolennoe the blessing, social value which the citizen possesses as uchastyonik politiko-legal relations» 11.

A.A.Eroshenko approved, that citizens of our state should possess equally a civil condition therefore as the civil condition is a component of citizenship человека1.

It is represented, that depending on capacity volume, vozmozhyonostej and desires of the citizen it can realise differently prinadyolezhashchie to it the rights and duties, for example, someone is married, and someone is not present, someone has children, at someone are not present. From here the conclusion, as civil soyostojanie the persons, a legal status characterising it and being viyodom a legal condition, during a life can vary.

For definition of certificates of registration it is important to define concept "certificates". Use of reception of philological interpretation podyotverzhdaet, that the certificate is not always material object. For example, in BolYOshom the legal dictionary under A.J.Suhareva, V.E.Krutskih's edition the certificate is defined, first, as an act, action; secondly, as ofitsialyonyj документ13. From the point of view of the Russian legislation (item 47 GK РФ14, item 3 of the Law on certificates civil состояния15), certificates civil with -

10 Eroshenko A.A.legal a regulation of a civil condition in the USSR: Dis.... dokt. jurid. Sciences / A.A.Eroshenko. - Leningrad: Leningrad Lenin's awards and an award of a labour award Labour red go a banner the state university of a name of A.A.Zhdanova, 1980. - With. 113.

11 Eroshenko A.A.decree. soch. - with. 100.

12 Eroshenko A.A.decree. soch - with. 115.

13 Big legal dictionary / Under the editorship of A.J.Suhareva, V.E.Krutskih. - M: INFRA - m, 2002. - With. 22.

The Civil code of the Russian Federation (a part the first) from November, 30th, 1994 № 51 - Ф3//SobraYOnie legislations of the Russian Federation (further - SZ the Russian Federation). - 1994. - № 32. - Item 3301. 15 SZ the Russian Federation. - 1997. - № 47. - item 5340.

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Standings are juridical facts of civil-law character (event and action of citizens).

To open essence of certificates of registration probably, ostanoyovivshis on the legal nature of certificates of registration.

So, one authors approve, that certificates of registration predyostavljajut themselves the juridical facts which are coming under to registration in bodies ZaGsa16. Others believe, that certificates of registration are not any isolated fact, and known set of the circumstances having legal значение17. There are also those who specifies, that certificates civil sostojayonija it is not simple juridical facts, namely the administrative acts made by competent bodies on those in which corresponding circumstances are reflected and fixed by diplomas. In the Explanatory dictionary of Russian of D.N.Ushakov certificates civil sostojayonija are used in value of the name of a different sort of documents. osyotanovimsja is more detailed on the analysis of the resulted points of view.

Juridical facts in the legal theory are defined as vital conditions, circumstances and the facts which admit significant in juridiyocheskom the relation and which without fail involve juri -

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dicheskie consequences. In the civil law theory it is specified, that it is necessary to understand circumstances as the civil juridical fact, with koto -

See: Palastina S.JA.concept, value and civil registration principles//Civil registration: the Textbook / Under the editorship of V.A.Grachyovoj. - M: Legal literayotura, 1985. - With. 5; Sedugin P. I. The Federal act «About certificates of registration». The comment / P.I.Sedugin. - M: the Legal literature, 1998. - With. 13; Vlasov A.A.certificate fazhdanskogo conditions//Civil law. A.A.Vlasov, B.3. Guschin, N.G.Kutin; Under the editorship of A.A.Vlasova. - M: the Publishing house "Bukvoved", 2007. - With. 43.

See: Eroshenko A.A.legal a regulation of a civil condition in the USSR. Dis.... dokt. jurid. Sciences / A.A.Eroshenko. - Leningrad: Leningrad Lenin's awards and an award of a labour award of the Labour red banner the state university of name A.A. Zhdanov, 1980. - With. 112.

Civil law: the Textbook: in Zt. A part 1 / Under obshch. red. T.I.Illarionovoj, B.M.Gongalo, V.A.Pletnev. - M: Publishing house NORM-INFRA TH, 1998. - With. 73.

URL: http://www.dict.t-mm.rU/ushakov/a/akt.html (reference date: on April, 14th, 2012).

Marchenko M. N. Theory of state and law: the Textbook / M.H. Marchenko. - M: TKВелби, Publishing house the Prospectus, 2006.-With. 601.

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rymi normative acts connect any legal consequences: occurrence, change or the termination of civil matters.

Juridical facts - actual obyostojatelstv - differ from other vital facts only from the point of view of their importance for the right.

Thus, the basic signs of juridical facts vystuyopajut: juridical facts are real-life facts (the phenomena or processes); juridical facts attract approach defined juridiyocheskih consequences, in particular, they attract occurrence, change or the termination of legal relations.

Certificates of registration certificate those circumstances, kotoyorye took place actually (a birth, death, adoption and others). It is necessary to agree with I.M.Kuznetsovoj's noticing opinion, that bodies of the REGISTRY OFFICE have not the right to establish any facts. Their problem-make civil registration, which podtveryozhdeny the proofs established in the law 2.

Thus, first sign of juridical facts (the facts (javleyonija and processes) exist in a reality) is inherent also in certificates of registration.

As well as any other juridical facts, certificates civil sostojayonija attract occurrence, change or the termination of legal relations (second sign of juridical facts).

For example, divorce attracts the termination marriage pravootyonoshenija, there are bases for section in common acquired property. Owing to registration of paternity proof the man becomes zakonyonym the representative of the child, there is a duty under the maintenance of the child, the child and the father become subjects hereditary pravootnoyosheny.

Egorov N.D.bas of civil matters. Civil matter//the Grazhdanyosky right: the Textbook: in Zt. Volume 1 / Under the editorship of A.P.Sergeeva, JU.K.Tolstoy. - m: TK Velbi, Publishing house the Prospectus, 2003. - With. 104.

Kuznetsova I.M.comment to the legislation on civil registration / I.M.Kuznetsova. - M: JUrist, 2002. - With. 12.

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Confirming to told it is possible to give S.A.Zinchenko's of word: «registration of the certificate of registration identifies the concrete subject and simultaneously there are legal relations, in which it vystupayoet. So the design« the juridical fact generates legal relation »not

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It is broken owing to that occurrence by the registration fact ».

Thus, visible effect of certificates of registration on occurrence, change or the termination of the rights and duties of citizens. Certificates of registration are a version legal fakyotov.

As already it has been noted above, separate authors express that certificates of registration it is not simple juridical facts, and set of the circumstances having legal effect. The birth, death, adoption and to that the similar phenomena act its element -

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The matter is that in some cases for approach legal posledyostvy not enough one juridical fact, is required presence neyoskolkih the juridical facts in aggregate named legal or the set of facts.

It is necessary to join O.A.Krasavchikova's believing opinion, that under the set of facts certainly that has no value for prayova. The legal is understood as the essence proceeding from which on the basis of the law issue in law the civil should be solved. Therefore in danyonoj to work the difficult formation consisting of several juridical facts, is called legal составом25.

The main thing from signs of legal structure is that it eleyomentami juridical facts which are, despite the

Zinchenko S.A.juridical fact in the legal regulation mechanism / S.A.Zinchenko. - M: Volters Kluver, 2007. - With. 79.

24 Eroshenko A.A.legal a regulation of a civil condition in the USSR. Dis.... dokt. jurid. Sciences / A.A.Eroshenko. - Leningrad: Leningrad Lenin's awards and an award of a labour award Labour red go a banner the state university of name A.A. Zhdanov, 1980. - With. 112-113.

25 Krasavchikov O. A. Juridical facts in the Soviet civil law / O.A.Krasavchikov. - m: the State publishing house of the legal literature, 1958. - With. 66.

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stojatelnost, are in close interrelation with each other. Thus legal consequences of influence on concrete civil pravootnosheyonie will come only in the presence of all juridical facts entering in soyostav.

We believe, that certificates of registration do not answer signs of legal structure as it is impossible to allocate their elements. MneYOnie that the vital circumstances which are coming under to registration in orgayonah of the REGISTRY OFFICE, also are elements of the certificate of registration, it is represented doubtful as any of listed in item 47 GK the Russian Federation of actions or events does not attract approach of legal consequences without them gosuyodarstvennoj registration.

In the legal literature there is a position about a recognition of certificates of registration the administrative act. Resulted utverzhdeyonie does not answer legal realities.

According to classification of juridical facts administrayotivnyj the certificate concerns a version of juridical acts.

Juridical acts concern those actions, in which person rukovoyodstvuetsja in advance a task in view in the frameworks defined by the law ". Feature of the juridical act is that to their registration predyojavljajutsja the special requirements established in the law.

To legal to the certificates influencing civil matters, concern: civil-law, family-legal, judicial and administyorativno-legal certificates. Civil-law certificates are aimed on dostizheyonie civil-law consequences in the form of occurrence, change and the termination of the civil rights and duties. It is possible to carry to number of such certificates: transactions, corporate certificates (for example, general meeting decisions

Certificates of registration represent the administrative acts made kompeyotentnymi on those by bodies in which corresponding circumstances are reflected and fixed ofitsiyoalnymi by documents//Civil law: the Textbook: in Zt. A part 1 / Under obshch. red. T.I.Illarionovoj, B.M.Gongalo, V.A.Pletnev. - M: Publishing house NORM-INFRA TH, 1998 - With. 73.

Gorjunova E.N.dialectics of juridical facts in system of rules of law / E.N.Gorjunova; Under the editorship of professor N.P.Kurtseva. - Belgorod: Vezelitsa, 2002. - With. 90.

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Shareholders, the charter approved by founders of joint-stock company and so on). Separate family-legal certificates on a level with occurrence, change or the termination are family-legal relations capable to attract approach of civil-law consequences. So, it is a question of the marriage contract, the agreement on payment of the alimony and so on. The decisions (sentences) taken out by court influence on developed between persons pravootyonoshenija property and non-property character. AdministrativYOnye certificates in the majority cause approach of is administrative-legal consequences. But some is administrative-legal certificates can matter and for civil law. For example, the certificate about the state registration of the legal person, the instruction of antimonopoly bodies. Make administrative acts only public bodies (bodies gosuyodarstvennoj the authorities and local governments).

Certificates of registration are registered by public bodies according to references of citizens or legal bodies (for example, registration of death of the condemned is carried out on the basis of the statement of the establishment executing punishment (paragraph 4 of item 1 of item 66 of the Law on certificates civil soyostojanija)). The resulted statement allows to say that certificates of registration do not proceed from public authority bodies, they already existed to the reference in REGISTRY OFFICE body (citizens or legal bodies declare in the REGISTRY OFFICE the fact already happened). Besides, administrative acts are characterised by that they are made when at the person is spetsiyoalnoe intention to cause legal consequences. Certificates civil soyostojanija is not only actions of citizens, but also events which occur out of will of the person, irrespective of its desires. In connection with the told it is necessary to brief, that certificates of registration cannot be defined as the is administrative-legal certificates attracting approach of civil-law consequences.

B.C. I eat that administrative acts can be expressed in the form of the state registration of legal acts pays attention,

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Events and прав28. V.I.Ivanov, J.S.Haritonova also mark the important role in the course of occurrence, changes or the terminations of civil matters of such administrative acts, as state regi-stratsija legal acts and events. It turns out, that administrayotivnye certificates are display of activity of bodies of public authority and can be considered including as legally significant actions. For example, to civil-law juridical acts besides transactions B.C. I eat carries other legally significant actions of subjects. N.V.IsaYokov, A.V.Malko, O.V.Shopina as one of values of the term «prayovovoj the certificate» consider action (behaviour) (for example, the certificate of realisation of the right, expressed in interdiction non-observance, in default or nepol th discharge of duty, in misuse of right). Thus, legally significant actions of bodies of public authority (bodies ispolyonitelnoj the authorities, local governments), directed on reyogistratsiju certificates of registration, we consider possible to name adyoministrativnymi certificates on registration. For example, it is a question of actions on acceptance of statements, preparation of the documents confirming registrayotsiju.

It has been above designated, that in the Explanatory dictionary of Russian of D.N.Ushakov certificates of registration are considered as naimenoyovanie a different sort документов32. The comparative review foreign zakonoyodatelstva shows, that in some countries certificates civil sostojayonija also carry to documents. For example, in Civil code FranYOtsii it is fixed, that the certificate of registration represents to dock -

I eat B.C. The bases of occurrence, change and the termination of civil matters//Civil право:Учебник:в 4т. Volume 1. Under the editorship of prof. E.A.Sukhanov. - M: Volters Kluver, 2004. - With. 434.

29 Ivanov V. I, Haritonova JU.S.bas of occurrence, changes and the terminations of civil matters. Juridical facts and their structures / Civil matter//Civil law: the Part the first: the Textbook for high schools / Under the editorship of V.P.Kamyshanskogo, N.M.Korshunova, V.I.Ivanov. - M: Eks - mo, 2007. - With. 49.

30 I eat. B.C. The decree. soch. - with. 432.

31 Isakov N.V.Malko A.B., SHopina: general-theoretical aspect of research / N.V.Isakov, A.V.Malko, O.V.Shopina//Jurisprudence. - 2002. - № 3. - with. 16.

32 URL: http://www.dict.t-mm.ru/ushakov/a/akt.html (reference date: on April, 14th, 2012).

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The cop, in which representatives of the government originally udostoveyorjajut event on which position of one or several persons depends.

According to the legislation of the Russian Federation registration activity of bodies of the REGISTRY OFFICE comes to the end with registration of record of the certificate grazhyodanskogo the conditions, giving legal effect to events and the actions which are coming under to the certificate. Point 2 of item 6 of the Law on certificates civil soyostojanija contains norm that the state registration of the certificate grazhyodanskogo conditions is made by body of record of certificates civil soyostojanija by means of drawing up of corresponding record of the certificate grazhdanskoyogo conditions. Record of the certificate of registration is object oveshcheyostvlennym, a material data carrier about the registered facts, is carried out on forms of the strict reporting of the established sample (item 4 of item 6 of the Law on certificates of registration). Term definition «record of the certificate of registration» in the legislation is absent.

Frequently concept of the certificate of registration identify with ponjayotiem records of the certificate civil состояния34.

A number of researchers confute the given conclusion. So, E.M.Belogorsky defined record of the certificate of registration as the document in writing certificating only such events, actions or conditions, which hayorakterizujut a civil condition of the concrete physical person and koto -

The hardware

rye according to the law registration in REGISTRY OFFICE bodies come under. L.JU.heap has suggested to define civil registrations as written data on the certificates of registration, fixed in a statutory order competent bodies on purpose udosto -

Item 34 of chapter 1 of section IIГражданского of the code of France [the Electronic resource]//URL:http://forum.yurclub.ru/index.php? app=downloads&module=display&section=download&do=confirrn_download&id=204 (reference date: on July, 26th, 2012).

34См.: the big legal dictionary / Under the editorship of A.J.Suhareva, V.E.Krutskih. - M: INFRA - m, 2002. - With. 23; Beljakova A.M. The Soviet family law: the Textbook / A.M. Beljakova, E.M.Vorozhejkin - M: the Legal literature, 1974. - With. 55.

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

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verenija authenticity of corresponding events and actions. Civil registrations grow out of activity of bodies pubyolichnoj the power on civil registration, zakljuchajushchejyosja in fixing of the circumstances which are coming under to the certificate. «Assembly records confirm time (moment) of occurrence, change, the termination, voe-formation of the corresponding rights and duties». By the legal nature they represent the administrative acts expressed in the form of the document. Accordingly, record of the certificate of registration is a document (a material data carrier about actions and the events which are coming under to the certificate in corresponding bodies of public authority). Certificates of registration are the circumstances which were taking place in dejstyovitelnosti, attracting approach certain legal posledstyovy, that is to identify them with civil registration nelyozja.

Having carried out the analysis of judiciary practice concerning civil registration, it is necessary to notice uncertainty presence at the use of the term "certificates of registration" that leads to its incorrect use. So, it is possible to meet a phrase: «Any dejstyovija, connected with reception of decrees on deprivation of citizens roditelyoskih the rights, do not involve fulfilment of certificates of registration, zayokrytyj which list is established item 3 of the Law on certificates civil with-standing». Would be more correct to tell: «do not involve fulfilment adyoministrativnyh certificates on civil registration». KroYOme that, general jurisdiction courts in the decisions quite often use tayokuju the formulation: «the claim about cancellation of the certificate of registration about

Grudtsyna L.JU.dictionar - the directory under the family law of Russia / L.J.Grudtsyna. - M: eksmo, 2006.-with. 71.

Danilin V. I. Juridical facts in the Soviet family law / V.I.Danilin, SI. Reutov.-Sverdlovsk: Publishing house of the Ural university, 1989. - With. 79.

The Full court decision on civil cases of the Vologda provincial court from February, 25th 2011г. № 33-794 [the Electronic resource] (the Document has not been published)//URL: http://www.gcourts.ru/case/287682 (reference date: on November, 20th, 2012).

zo

Birth »39 though it is correct -« the claim about cancellation of record of the certificate about rozhde -

e - 40

nii ";" the statement for cancellation of the certificate of registration », and prayovilno -« the statement for cancellation of record of the certificate of registration ».

Thus, in order to avoid the distortion of a meaning which have been put in pawn zakonoyodatelem in definition of certificates of registration, it is necessary upotrebyoljat uniform terminology for what it is important to distinguish certificates civil soyostojanija (actions of citizens or the events influencing occurrence, izmeyonenie or the termination of the rights and duties, and also characterising prayovovoe a condition of citizens (item 1 of item 3 of the Law on certificates of registration)) from administrative acts on registration (legally significant actions of bodies of public authority (enforcement authorities of subjects of Rosyosijsky Federation, local governments), directed on civil registration); from documents (material data carriers about actions and the events which are coming under to the certificate in corresponding bodies of public authority).

As a result of juridical act fulfilment between public orgayonami and applicants there are administrative legal relations which practically always have character of administrative relations. As utveryozhdaet A.P.Alekhin, «the majority of experts in area administrativyonogo the rights agree in opinion that administrative pravootnosheyonija cannot arise between two citizens as them objazatelyonym the subject allocated with legally imperious powers» should be the participant. In administrative relations one of subjects objayozatelno is authorised on decision-making on the questions concerning subyoektivnyh of the rights, duties and interests of other party. To bodies of the REGISTRY OFFICE,

The decision of Djatkovsky city court of Bryansk area from December, 21st, 2011 № 2-1230/2011 [the Electronic resource] (the Document has not been published)//URL:http://www.gcourts.ru/case/3499890 (date obyorashchenija: on November, 20th, 2012).

40Решение the Petty-bourgeois regional court of a city of Moscow from January, 18th, 2011 № 2-1443/2011 [ElekYOtronnyj a resource] (the Document has not been published)//URL: http://www.gcourts.ru/case/450988 (reference date: on November, 20th, 2012).

Alekhin A.P.administrative law of Russia / A.P.Alekhin, A.A.Karmolitsky. - M: IKD «ZerYOtsalo - M», 2005. - With. 34.

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Certainly, it too concerns, as to applicants can be given up in the state registration of the certificate of registration on the bases listed in item 11 of the Law on certificates of registration: if gosuyodarstvennaja registration contradicts the Law on certificates civil soyostojanija if documents which are presented according to the Law on certificates of registration, mismatch requirements, predjavyoljaemym to them the Law on certificates of registration and others normativyonymi legal acts.

The party which will dominates over will of other party, state bodies or local governments, their officials can act, as a rule. As these subjects speak on behalf a state or local government name, they nadeleyony the imperious powers limited to the competence, defined by the standard legal acts establishing their legal polozhe-nie42.

The state civil registration concerns executive activity of special state bodies (oryoganov the REGISTRY OFFICE), carried out on behalf of the state. REGISTRY OFFICE bodies obrayozujutsja public authorities of subjects of the Russian Federation (item 1 of item 4 of the Law on certificates of registration). In those districts where there are no bodies of the REGISTRY OFFICE, their functions carry out rural, poselkovye administyoratsii behind some exception. So, rural, poselkovye administrations have the right to register only the facts of a birth, a marriage, rastorzheyonija marriage, paternity proof, death.

The following discriminating feature administrative pravootyonosheny is that sometimes (in the cases specified in standard prayovovyh certificates) on the person the duty can be assigned to enter in adminiyostrativnye legal relations. For example, a duty to register rozhyodenie the child not later than in a month from the date of a birth of the child (item item 6

42См.: the decree. soch. - with. 34.

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16 Laws on certificates of registration) or a duty of the head of the medical organisation in which there was childbirth or in which rebeyonok has died, the head of the medical organisation which doctor has established the fact of a birth of the dead child or the fact of death of the child who has died on peryovoj of week of a life, or on the privately practicing doctor - at sorts out of meyoditsinskoj to declare the organisations in REGISTRY OFFICE body a birth of the dead child or about a birth and death of the child who has died on the first week of a life (item 3 of item 20 of the Law on certificates of registration).

The basis of occurrence of administrative legal relations, as well as any others, juridical facts are. The filing of application in REGISTRY OFFICE body, nayoprimer, about a marriage (item 26 of the Law on certificates of registration) or about name change (item 59 of the Law on certificates of registration) can become the basis for rassmatriyovaemyh us of relations.

Thus, relations between bodies of the REGISTRY OFFICE and persons addressing there correspond to the characteristic administrative pravootnoyosheny.

Between the applicant and the body which is carrying out registration, skladyyovajutsja jural relations under administrative law, despite the fact that what sootvetyostvujushchie certificates attract occurrence of the civil rights and duties. Civil-law norms cannot be considered in a separation from norms of other branch accessory when it is a question of such difficult complex phenomenon as certificates of registration. In this case shown by the interbranch communications representing an interconnection of civil-law branch and other parts of the legal system which is consecutive otyorazhaetsja at all stages of civil-law regulation and in all elements of its mechanism, and also in the external form of the right, its sources.

Carrying out civil registration, REGISTRY OFFICE bodies render to the persons who have addressed to them service. Having resorted to the sensible

Chelyshev M. JU. System of interbranch communications of civil law: civil issledovayonie. Dis.... dokt. jurid. Sciences / M.J.Chelyshev. - Kazan, 2008. - With. 14.

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To dictionaries to define service it is possible as the action bringing the help, advantage for another; the household conveniences given to whom-nibud44. From the point of view of the right in concept "service" absolutely different maintenance - from the widest when it covers practically any activity, to extremely narrow when services are reduced to a subject dogoyovora vozmezdnogo rendering услуг45 is quite often put. In the majority of articles GK the Russian Federation service fiyoguriruet as object of legal relations, to be exact - as object обяза­тельства46. As REGISTRY OFFICE bodies concern bodies of the state (municipal) power, accordingly, those services which they render, concern to public, namely state. Definition of the state service contains in item 1 of item 2 of the Federal act of Rossijyosky Federation from July, 27th, 2010 № 210-FZ «About the organisation predostavleyonija the state and municipal services» where it is specified, that it dejatelyonost on realisation of functions accordingly federal body ispolniyotelnoj the authorities, the state off-budget fund, an executive office of the government of the subject of the Russian Federation, and also oryogana local government at realisation separate gosudarstvenyonyh the powers transferred by federal acts and laws of subjects of the Russian Federation (further - the bodies, rendering state services) which is carried out by inquiries of applicants in limits ustanovyolennyh by standard legal acts of the Russian Federation and normayotivnymi legal acts of subjects of the Russian Federation of powers of the bodies giving state услуги47. A.V.Jatskin notices, that the state services can be considered as public benefits and as the form of interaction with citizens (organisations). In the last

Ozhegov SI. Russian explanatory dictionary / SI. Ozhegov, N.J.Shvedova [the Electronic resource]//URL: http://www.classes.ru/aIl-russian/russian-dictionary-Ozhegov-term-36806.htm (reference date: on March, 12th, 2012).

Sergeys A.P.result of works. Services. The intangible benefits. Legal procedures//ObekYOty fazhdanskih the rights//Civil law: the Textbook. In Zt. Volume I/Under the editorship of A.P.Sergeeva. - M: TK Velbi, 2008. - With. 390.

Stepans D.Usluga as object of the civil rights / D.Stepanov//the Russian justice. - 2000. - № 2.-with. 16.

47С3 РФ.-2010.-№ 31.-item 4179.

34

Case the specified author fairly pays attention to existence of the problem consisting in minimisation of costs of such interactions (it is a question of time expenses, the finance, other factors of a dissatisfaction

Yes

Process of granting of the state services). For the decision nazvanyonoj problems the bodies, rendering state services, were nayodeleny a duty to render the state services according to administrative регламентами49.

The concrete list of the state services given orgayonami of the REGISTRY OFFICE, contains in accepted by the Ministry of Justice of the Russian Federation Administrative regulations of granting of the state service in the state civil registration orgayonami, carrying out the state civil registration in territory Russian Федерации5 from November, 29th, 2011 № 412 which establishes sequence of actions (administrayotivnyh procedures) by granting of the state service and terms, in teyochenie which these actions should be made, defines an order of interaction of the bodies, rendering the state service, with fiziyocheskimi and legal bodies. Service consideration as result dejayotelnosti in a separation from the activity непродуктивно5. Starting with smysyola the given normative act, the state services in civil registration are object administrative pravootnoyosheny between bodies of the REGISTRY OFFICE and applicants. But the sphere public pravootyonosheny is not a subject of considered work.

Civil registration is one of ways of registration of a legal status.

48Яцкин A.V.legal regulation (standardization) of granting of the state services / A.V.Jatskin//the Representative authority - XXIвек: the legislation, comments, problems. - 2006. - № 6.-With. 13.

Point 1 of item 6 of the Federal act of the Russian Federation from July, 27th, 2010 № 210-FZ «About orgayonizatsii grantings of the state and municipal services»//SZ the Russian Federation. - 2010. - № 31. - item 4179.

URL: http://www.minjust.ru/print/1572 (reference date: on May, 25th, 2012).

Sannikova L.V.obligation about rendering of services in the Russian civil law. Obligations about rendering of services in the Russian civil law: Dis.... dokt. jurid. Sciences / L.V.Sannikova. - M: 2007.-With. 67.

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According to item 1 of item 47 PS the Russian Federations come under to the state registration following certificates of registration: a birth; a marriage; rasyotorzhenie marriage; adoption (udocherenie); paternity proof; pereyomena a name; death of the citizen. Naturally, the facts influencing on grazhyodanskoe a condition, much more. And the circle of the circumstances which are coming under reyogistratsii, in the different countries is various. For example, in Georgia to civil certificates (so at them certificates of registration are called) marriages, divorce, paternity proof, adoption, change of a name, a surname, a patronymic, death, but also citizenship change concern not only the facts of a birth habitual for us. In Lithuania the competence of Establishment of registration of a civil condition includes also change-natsionalnosti53 registration. In Mexico officials of the Civil register certificating certificates of registration, register including a capture under guardianship, clearing of the parental power, restriction дее­способности54. In all resulted cases the circle of certificates civil soyostojanija was a little bit other or even more widely, than in the Russian Federation.

In our opinion, absolutely there is necessity in state reyogistratsii, for example, no facts of change of citizenship, a nationality, usyotanovlenija guardianship. The account of the named circumstances is led sootvetstvujushchiyomi by departments. For example, migratory services are engaged in questions of change of citizenship.

The concept of change of a nationality of the Russian legislation is absent. The current account of nationalities in the Russian Federation not veyodetsja, an actual unique source of the information on national structure is population census, in the passport of the citizen Russian

Item 3 and head XIЗакона of Georgia from October, 15th, 1998 №1644-1s «About registration of civil certificates» [the Electronic resource]//URL: http://www.minjust.ru/node/1128 (reference date: on July, 11th, 2012).

53 Point 2 of the Order of the Minister of Justice of the Lithuanian Republic from May, 19th, 2006 № 1R-160 «About utveryo zhdenii rules of registration of a civil condition» [the Electronic resource]//URL: http://www.zagsi.rU/f/regulations/Pravila_reg_Litov_Resp.doc (reference date: on July, 11th, 2012).

54 Civil and the family law of developing countries. The collection of normative acts: Civil codes of the countries of Latin America: the Manual. Otv. red. V.V. Bezbah. - M: publishing house UniversiYo teta Friendship of the people. 1988. - with. 44.

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The nationality is not underlined to federation, in a birth statement and in the certificate of birth the nationality of parents is underlined only at will (one of them) (the item of item 22,23 of the Law on certificates civil soyostojanija). If the citizen of the Russian Federation does not agree with record about a nationality made at registration of the certificate of registration, and considers, that these data are specified incorrectly, he has the right to demand correction of the given record in an order established by head IXЗакона about certificates grazhyodanskogo of a condition. Also the citizen of the Russian Federation has the right in suyodebnom to demand an order to cancel record about a nationality (item 75 ZaYOkona about certificates of registration). Therefore for our state the problem of change of record about a nationality is not essential.

As to registration of cases "captures under" guardianship (guardianship), clearings of the parental power these questions are in kompeyotentsii vessels and guardianship bodies. Moreover, guardianship bodies keep account the persons taken under guardianship (guardianship), and also possess the information on the announcement of the minor completely the capable. However, it is necessary to recognise, that frequently in practice happens difficult to define, whether the person completely is capable, ogranichenyono capable or incapacitated. The recognition of the citizen nedeespoyosobnym or ogranichenno the capable changes its legal status, znayochitelno reduces volume of existing legal possibilities, preyodostavljaja thus additional guarantees of observance of its legitimate rights and interests (for example, clearing from civil-law otvetyostvennosti incapacitated (item 1076 GK РФ55)), and influences its legal status as subject of legal relations. According to ST. Tychinina, SN. Kotareva, prominent features of the legal capacity both deesposobnoyosti incapacitated and ogranichenno capable citizens define an originality of their civil legal personality which constitutes soder -

The Civil code of the Russian Federation (a part the second) from January, 26th, 1996 № 14 - FZ//SZ РФ.-1996.-№ 5.-item 410.

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zhanie their special interbranch legal статуса56. According to grazhyodanskomu to the legislation, on behalf of the incapacitated citizen of the transaction makes its trustee (item 2 of item 29 GK the Russian Federation), ogranichenno capable grazhyodanin have the right to make independently only small household transactions, others it can make only with the consent of the trustee (item 1 of item 30 GK the Russian Federation). Infringement of positions GK in the resulted cases can attract the Russian Federation nedejstyovitelnost perfect transactions. For example, it concerns wills, dogoyovora donations, barters, contracts of perpetual maintenance with izhdiyoveniem and other transactions. The notary has not the right in the absence of the documents confirming full capacity of addressed persons, to refuse in the transaction certificate. Notarial actions are made in day pred -

-........ The-phenomena of all necessary documents and State Tax payment. "

But if the notary has bases to assume, that someone from uchastniyokov transactions can be limited in capacity or is recognised nedeespoyosobnym, it has a right to postpone fulfilment of the transaction and to obtain on demand doyopolnitelnye data from physical persons (for example, the document, podtveryozhdajushchy, that concerning such citizen was not taken out judicial reyoshenie about its recognition incapacitated or ogranichenno capable) (paragraph 2 of item 41 of Fundamentals of legislation of the Russian Federation about a notariate).

Unfortunately, it is very frequent dogovory, concerning orders imuyoshchestvom incapacitated or ogranichenno the legal person, zakljuchayojutsja him under the influence of those who knows about their special legal poyolozhenii, but at finding-out of all circumstances of fulfilment of the transaction ssylayojutsja on ignorance of this fact. So, the Supreme Court of the Kabardino-Balkarian Republic has considered appeal for review S.N.N. On the decision of Nalchikyosky city court on business about a recognition of the gift contract 1/2 shares kvaryotiry void, a recognition void registration for -

Tychinin ST. Realization and protection of the civil rights incapacitated and ogranichenno deespoyosobnyh citizens / ST. Tychinin, S.N.Kotarev. - M: Publishing house "Lawyer". 2011. - With. 251.

Fundamentals of legislation of the Russian Federation about a notariate from February, 11th, 1993 № 4462-1//VeYOdomosti Congress of People's Deputies and the Supreme body of the Russian Federation (further - Sheets SND and VS the Russian Federation). - 1993. - № 10.-item 357.

38

pisi about the right. By the full court on civil cases it has been established, that with the claim to S.N.N. In Nalchiksky city court has addressed L.R.V. And, soyoslavshis that the respondent by arrangements has inclined uncle L.R.V., zloupotyorebljavshego spirits and before limited in capacity under the decree, to donation making contract, demanded to recognise neyodejstvitelnoj the transaction, and also registration record about the right, proizveyodennuju as Management of federal registration service of the Russian Federation on the Kabardino-Balkarian Republics. The position the claimant moyotiviroval that making contract needed the consent of body of guardianship which has not been received. The respondent the claim not priyoznal. The trial court has passed the decision on satisfaction of requirements of the claimant, the court of cassation instance has cancelled "has directed business on new trial whereas it had been saw infringements protsessualyonyh rules of law and wrong application of norms of the substantive law (nayoprimer, item 176 PS the Russian Federation specifies that the transaction under the order imushcheyostvom, made without the consent of the trustee the citizen limited to court in capacity, can be recognised by court by void on

With

To the claim of the trustee, which L.R.V. Was not).

Other example from judiciary practice shows, what even nedeespoyosobnogo the citizen not always happens easily to distinguish from completely deespoyosobnogo. So, the Lenin regional court of of Irkutsk has considered a civil case about a marriage recognition between T.G.M. And A.R. Void, annuliroyovanii records about divorce between A.R. And T.G.M., application poyosledstvy invalidity of marriage between T.G.M. And A.R. In judicial zaseyodanii it has been established, that the decision of the Lenin regional people's court of of the Irkutsk which has entered validity on July, 11th, 1989, T.G.M. Owing to the mental derangement it has been recognised by incapacitated. Further at the introduction into marriage since A.R. And at its cancellation T.G.M.

Cassation definition of the Supreme Court of the Kabardino-Balkarian Republic from July, 14th, 2010 on business №33-791/20 the South. [An electronic resource] (the Document has not been published)//URL: http://www.gcourts.ru/case/256759 (reference date: on July, 27th, 2012).

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Has hidden this information. About these circumstances to a family of A.R. Became izvestyono only after death of A.R., when there was a dispute concerning its inheritance between relatives of A.R. And T.G.M., which has deceased before the former husband. In 1992, already being spouses, T.G.M. And A.R. Steels uchayostnikami privatisations also have concluded the corresponding contract (to each of spouses belonged on 1/г shares in the property right to apartment). poyosle death T.G.M. Its share in the property right to apartment has passed on nayosledstvu to the former spouse according to the decree, which for an A.R. There was an established fact of dependence T.G.M. After death of A.R. kvaryotira has passed by right of succession to his daughter (istitse) which already has had time kvaryotiru to sell. However in 2011 the Lenin regional court of of Irkutsk has cancelled on again opened circumstances earlier vynesennoereshyoniyo, which for an A.R. The property right to a share of the former spouse has been recognised. ToYOgda in court sister (trustee) T.G.M has addressed. With the requirement to cease the property right on/4 an apartment H.JU.A share., bought given inhabited pomeyoshchenie at the daughter of A.R.following the results of of a legal investigation the court has passed the decision on refusal in satisfaction of the declared requirements as marriage after its cancellation cannot be nullified, behind the exceptions established by item 4 of item 29 SK РФ59, but not concerning to rassmatyorivaemomu делу60.

Introduction of obligatory registration in bodies of the REGISTRY OFFICE of cases of a recognition of citizens incapacitated or ogranichenno capable with the subsequent entering sootvetstvujuyoshchih data (by analogy to a stamp about statement on the registration account on a residence) in the passport of the citizen of the Russian Federation, javyoljajushchijsja the basic document proving the identity can become the decision of the designated problem. SootvetstvenYOno, item 47 GK the Russian Federation should be added by such fact which is coming under regist -

59 Family code of the Russian Federation from December, 29th, 1995 № 223 - FZ//SZ the Russian Federation. - 1996. - № 1. - item 16.

60 Decision of Lenin regional court of of Irkutsk from 18августа 2011 on business № 2-1685/2011. [The Electronic resource] (the Document has not been published)//URL: http://www.gcourts.ru/case/1505978 (date both rashchenija: on July, 27th, 2012).

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Portable radio sets in bodies the REGISTRY OFFICE, as a recognition of the citizen incapacitated or ograyonichenno the capable.

Rapid development of modern medicine has entailed occurrence of new kinds of relations. It is a question of change of a sex of person. According to So-called Palki Th, in Russia the full statistics about quantity spent операций61 is not published. But, as fairly marks M.N.Maleina, for lawyers (in otyolichie from experts of many other things of sciences), to draw certain conclusions, has no value quantity, even individual situations demand the decision.

It is natural, that everything dare at a similar serious step far not, but only only those whom in the presence of sufficient to that of the bases physicians can-name patients "transseksualizmom. According to" the International classification of illnesses transseksualizm concerns to mental rasyostrojstvam and to frustration поведения63. The example from judiciary practice of the European Court under human rights which in 1992 has considered case under statement B, opposed France, power koyotoroj became already classical have refused to give out to it documents in connection with floor change. From obstojayotelstv affairs it was known, that the declarant at a birth in 1935 has been registered as the child of a male and has received a man's name. With sayomogo early age the child behaved in a female way as felt itself deyovochkoj, and the family concerned it so. The course of hormonal therapy has led to feminization of its appearance. Subsequently to it have performed operation on floor change. In 1978 She has addressed in court with the statement, that she javljayoetsja the person of a female and asks to make changes to its certificate of birth to fix in it the fact of change of a floor and its new zhenyoskoe a name. The court of big instance Liburna has dismissed its claim in November, 1979,

61 Palkina So-called Problems of realisation of the right to floor change / So-called Palkina//Family and zhiyo lishchnoe pravo. - 2010. - № 6.-With. 18.

62 Maleina M. N. Change of a biological and social floor: development prospects zakonodayo telstva / M.N.Maleina//Magazine of the Russian right. - 2002. - № 9. - with. 52.

The international classification of illnesses. MKB - 10. It is prepared by the World organisation zdrayovoohranenija on September, 25th - on October, 2nd, 1989 [the Electronic resource]//URL: http://medici.ru/mkbl0/diag2755.html (reference date on April, 14th, 2012).

41

And its appeal and cassation complaints have been accordingly dismissed by Appeal court of of Bordeaux in May, 1985 and the Court of review in March, 1987 In 1987 B has addressed in the Commission of Human Rights which recognised the complaint comprehensible, except for the complaint in the relation naruyoshenija articles 12 of the European convention about protection of human rights and fundamental freedoms (the right to marry and create a family) 64. And in 1990 business was peyoredano the Commission in the European Court under human rights which postanoyovil that infringement of item 8 of the European convention on protection of human rights and fundamental freedoms (the right to respect private and home life takes place) and has obliged the state - the respondent to compensate to the declarant moral harm, and also all legal cost and expenses. Within the limits of judicial razbiratelst---~va the European court established modification possibility v~za - ~ pis about a field in certificates of registration according to a judgement with the subsequent change имени65. The set example underlines, that the Europejyosky Court under human rights considers necessary de jure recognition by the states - participants of the European convention on protection of the rights cheloveyoka and fundamental freedoms (the Russian Federation has joined it on March, 30th, 1998) cases of change of a sex of person and acceptance of possible measures for zashchiyoty interests of such citizens.

In the Russian Federation the clinical management «ModeYOli diagnostics and treatments of mental and behavioural frustration» from August, 6th, 1999 № 311 where the basic symptoms of the diagnosis transseksualizma are defined, treatment conditions, therapy principles, a complex mediko-social мероприятий67 operates. Us the medical party of the given does not interest

The convention «About protection of human rights and fundamental freedoms» from November, 4th, 1950//the Bulletin mezhduyonarodnyh contracts. - 1998. - № 7. - with. 20-35.

B against France. The decision of the European Court under human rights from March, 25th, 1992//Europejyosky Court under human rights. The selected decisions. In 2 t. Volume 1. - M: publishing house NORM, 2000. - With. 705-729 (extraction).

The federal act of the Russian Federation from March, 30th, 1998 № 54 - FZ «About ratification KonvenYOtsii about protection of human rights and fundamental freedoms and Reports to it»//RG. - 1998. - on April, 7th.

The order of Ministry of Health of the Russian Federation from August, 6th, 1999 № 311 «About the statement klinicheyoskogo managements« Models of diagnostics and treatment of mental and behavioural frustration »//Orders of Ministry of Health of the Russian Federation: the Collection. - a part 2. - M: Intersen, 2000.

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Operations, we will stop only on the legal moments, svjazanyonyh with civil registration. It is thought, that influence of the fact of change of a sex of person on its civil condition at anybody not vyzoyovet doubts. For example, similar medical intervention involves marital status change if the person was married. The law on certificates of registration (item 70 item 4) provides a duty oryogana the REGISTRY OFFICE to take out the conclusion about entering of corrections or changes into record of the certificate of registration if by the applicant it will be given doyokument the established form about the floor change, given out by the medical organisation. That is according to the statement of the person and the documents given to it registration of change of a name and modification of assembly record about registratsiirozhdenija is carried out. " It turns out, "that s~toch - ~ ki sight of the letter of the law floor change is equated in the legal plan to name change, that, in our opinion, is absolutely unacceptable as floor change includes, including, and name change. poyomimo a name in all documents where it is necessary, it is necessary to change also a floor. For example, in the medical book, the driver's licence, indiyovidualnom number of the tax bearer and so on. The given question demands the serious legislative decision. At change of a name the REGISTRY OFFICE body is obliged to make changes in civil registration, earlier soyostavlennye concerning the person who have changed a name (item 1 of item 63 of the Law about akyotah a civil condition). Accordingly, if the person is married, about marriage registration it will be necessary to make changes to assembly record, but to make it it is impossible, as unisex marriages in Russia not dopusyokajutsja. Also it will be necessary to make changes to assembly records about rozhyodenii both the applicant, and its children, in case of their presence. However, soyovsem it is not clear, in what quality in relation to the child will be vyyostupat replaced a name: as the second father or mother.

In the literature following ways of an exit from the developed situation are offered. D.I.Stepan considers necessary to characterise change

43

Floor as social death and to declare such person died in judicial poyorjadke according to item 45 GK РФ68. M.N.Maleina sees the decision in preyokrashchenii marriage by its cancellation judicially for the reasons neyovozmozhnosti preservations of a family in view of mental and physical nesovmesyotimosti, absence of relations of love, friendship, respect, etc. We believe, that the given offers are not quite successful as objavleyonie the citizen died will entail not only the marriage termination, but also rodiyotelskih, labour and other relations. Assignees declared its successors, instead of the person who has replaced a floor become died. Hardly such consequences (as after biological death) are wished by the person who has replaced a floor. Divorce judicially on motives of impossibility sohraneyonija families will not lead such poeledstvijam, "as social death, but gg this way of the decision of a problem has negative sides. For example, to oblige spouses to address in court with the statement for divorce have the right nobody, that is this marriage or the union of unisex persons can and prodolyozhat to exist. From our point of view, the most correct is poyozitsija O.L.Timshinoj consisting in a recognition of change of a floor of one of

7ft

Spouses the basis for the marriage termination. By analogy to divorce of the spouse can solve in court a question on section in common acquired property.

Thus, change of a floor of the citizen should be ranked as the facts changing a civil condition (stops marriage pravootnosheyonie, the status of the parent changes), and demanding state registrayotsii. Thereof, any statement for the termination of marriage from supyorugov it is not required, as the basis of the termination of marriage will be certificate record about registration of change of a floor of one of spouses.

Stepans D.I.legal the problems connected with change of a sex of person / D.I.Stepan//ZakoYOnodatelstvo. - 2000. - № 11. - With. 77

Maleina M. N. Change of a biological and social floor: development prospects zakonodayotelstva / M.N.Maleina//Magazine of the Russian right. - 2002. - № 9. - with. 58.

Timshina O. L. Features of regulation of legal relations between the former spouses: Av-toref. dis.... kand. jurid. Sciences / O.L.Timshina. - M: the Moscow academy of economy and the right. 2010. - with. 8.

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As to change of the status of the parent, in this question we soliyodarny with opinion of those who suggests to name the persons who have replaced a floor, words "parent", the "mother", "given birth", "bringing up", «biologicheyosky the father», «biological mother» 71.

And let cases of change of a sex of person in Russia not so it is a lot of, but soyobljudenie the legal rights and interests even such not numerous level of population, certainly, should be guaranteed the state.

Thus, to the facts which are coming under to obligatory state registration in bodies of the REGISTRY OFFICE, it is necessary to carry: a birth, the conclusion brayoka, divorce, adoption (udocherenie), paternity proof, name change, death of the citizen, a recognition of the citizen incapacitated or ogranichenno capable, change of a floor of the citizen. Accordingly, the Law on certificates of registration should be added by heads, poyosvjashchennymi the state registration of a recognition of the citizen nedeespoyosobnym or ogranichenno capable, and also changes of a floor of the citizen.

Certificates of registration, owing to their influence on a legal status of the citizen, matter for many branches of law, after all the law connects occurrence, change or the termination of the most various legal relations with them and, first of all, the civil-law.

With a birth the person becomes the owner of certain volume of the property and personal non-property rights. And if personal neimuyoshchestvennymi the rights (the right to life, inviolability of person, lichyonuju and family secret and so on (item 1 of item 150 GK the Russian Federation)) it is allocated from the moment of the birth and for their recognition is not required to registration for oblayodanija property rights registration is necessary. With the help gosuyodarstvennoj birth registration can define precisely a date of birth of the citizen that will be the conclusive evidence of its age.

71См.: for example, Maleina M. N. Change of a biological and social floor: prospects razviyotija legislations / M.N.Maleina//Magazine of the Russian right. - 2002. - № 9. - with. 59; Ozheredova S. poyomenjal a floor - change also the passport [the Electronic resource] / S.Ozheredova//the EZH-LAWYER. - № 11. - 2008//URL: http://www.gazeta-yurist.ru/article.php (reference date: on September, 18th, 2012).

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With attainment of majority the citizen is allocated with all volume of the rights, allowing to characterise it as the subject of civil law. In record of the certificate of registration it is specified, who is the father and mother grazhdayonina which successor it is.

The marriage is that action of citizens which 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). It means, that, for example, on objazatelstyovam one of spouses collecting can be turned also on its share in the community property of spouses which would be due to it at section of this property (item 3 of item 256 GK the Russian Federation). Certainly, if other lawful mode imushcheyostva spouses is not established by the marriage contract.

Accordingly, at divorce the mode of the general joint property stops.

Adoption (udocherenie) not only attracts occurrence of family relations between adoptive fathers and the child, but also civil-law. As a result of adoption adoptive fathers become lawful predstaviteljayomi the adopted child. Between adoptive fathers and adopted rebenyokom there are property and personal non-property relations, nayoprimer, they can inherit the friend after the friend. Adopted children utrayochivajut personal non-property and property rights also are released from duties in relation to the biological parents at otyosutstvii requests of mother or the father of the child if it is adopted by one liyotsom, or parents of the died parent (the grandfather or the grandmother of the child).

Similar consequences come and as a result establishments ottsovstyova. Besides, that it attracts occurrence of the parental rights and objazannoyostej, the parent becomes the legal representative of the child in which relation the paternity is established. Between them there are property and personal non-property relations, for example, in case of death of the parent the child in which relation the paternity was established, will have pra -

46

In on reception of compensation of harm on the occasion of loss of the supporter (item 1. Item 1088 GK the Russian Federation).

At a birth of the citizen parents name it, consisting, as a rule, from a surname, actually a name and a patronymic. Accordingly, entering civil matters, the citizen uses the name as means of an individualization of the person, distinguishing it from other participants grazhyodanskogo a turn.

The death of the citizen attracts various legal effects. First, the inheritance that generates at successors of the right in otyonoshenii the property belonging to the died opens. Secondly, with death of the citizen all its civil rights and duties that is very important for its counterparts stop. So, according to item 1 of item 418 GK the Russian Federation objazayotelstvo stops death of the debtor if execution cannot be made without personal participation of the debtor or the obligation other obrayozom inseparably linked with the person of the debtor. If the obligation is not connected with the person of the debtor it should be executed it nasledniyokami as the rights and the duties which have been not connected with the person of the estate-leaver, are a part of the inheritance (item 1112 GK РФ72). The rights died, were the creditor, not connected with its person as it has already been noted, perehoyodjat to successors.

Considering stated, it is necessary to notice, that: 1. The term «a civil condition» demands the uniform doctrinal interpretation. It is represented, that a civil condition are the legal characteristics of the physical person reflecting its civil-law and family-legal status and allowing to individualise a legal condition of the citizen owing to approach legally significant fakyotov, and also at realisation it is standard acquired rights and duties.

The Civil code of the Russian Federation (a part the third) from November, 26th, 2001 № 146 - FZ//SZ the Russian Federation). - 2001. - № 49. - Item 4552.

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2. (Actions of citizens or event, vlijajuyo shchie on occurrence, change or the termination of the rights and duties, and also characterising a legal condition of citizens (item 1 of item 3 of the Law about akyo tah a civil condition)) it is necessary to distinguish certificates of registration from administrative acts on registration (legally significant actions of bodies of public authority (enforcement authorities of subjects of the Russian Federation, bodies local to a self-justice lenija), directed on civil registration); from doyo kumentov (material data carriers about actions and the events which are coming under to the certificate in corresponding bodies of public authority).

3. A recognition of the citizen incapacitated or ogranichenno deesposobyonym, change of a sex of person influence change of a civil condition liyotsa, but, despite it, the specified facts are not included in the list obstojayotelstv, registration subjects in REGISTRY OFFICE bodies. Expediently dopolyonit the specified list of circumstances (item 47 GK the Russian Federation) the facts of a recognition of the citizen incapacitated, recognitions ogranichenno capable, changes of a floor of the citizen. It is necessary to add the law on certificates of registration with the heads devoted to the state registration of a recognition grazhdaniyona incapacitated or ogranichenno capable, and also change of a floor of the citizen. In the event that the person who has replaced a floor, is married, it should be ceased bodies of the REGISTRY OFFICE on the basis of certificate record about change of a floor of one of spouses.

4. Certificates of registration, possessing ability to influence on pravoyovoj the status of the citizen, play the important role in occurrence, change and the termination of the civil rights and duties. For example, the state registration of marriage is the basis of occurrence of a lawful mode of property of spouses; as a result of divorce the mode of the general sovmestyonoj properties stops.

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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

More on topic 1.1. Concept of certificates of registration And their role in occurrence, change and the termination Civil matters:

  1. Chapter 2. Juridical facts — the actions which are coming under to registration In bodies of civil registration, As the bases of occurrence, change and the termination Civil matters
  2. § 4. The bases of occurrence, change and the termination of civil matters on the Internet
  3. Chapter 3. Juridical facts - the events which are coming under to registration in bodies of civil registration, as the bases of occurrence, changes and the terminations of civil matters
  4. § 1. The rights to a foreign currency: the bases of occurrence, change and the termination
  5. § 3. Features of the termination of a legal generality in absolute property civil matters
  6. § 1. The bases of occurrence, change and the termination of the legal relations arising in a field of activity on the organisation and carrying out of gamblings and a bet.
  7. the bases of occurrence, change and the termination of legal relations on compulsory insurance of a life and health of citizens
  8. the Head І. The legal nature and the bases of occurrence of civil matters on obligatory state insurance of civil servants of military and law-enforcement services
  9. Chapter 2. OCCURRENCE, CHANGE, the TERMINATION of the RIGHTS TO the FOREIGN CURRENCY AND THEIR MAINTENANCE
  10. Chapter 2. Structure of marriage legal relation and the basis of its occurrence, change or the termination.
  11. general terms and the bases of occurrence, maintenance, change, stay and the termination trudopravovogo the status of the medical worker
  12. 2.1. The bases of occurrence and the termination of the civil-law status of participants of state-private partnership
  13. § 2. Methodological problems of definition of concept and classification of civil matters on the Internet
  14. PECHYONKINA Anzhelika Anatolevna. OCCURRENCE, CHANGE And the DUTY TERMINATION ON TAX PAYMENT (FINANCIALLY-LEGAL ASPECT). The DISSERTATION on competition of a scientific degree of the master of laws. Saratov -,
  15. § 3. Concept and the basic characteristic of a legal generality of absolute property civil matters
  16. § 2. The Civil-law design of the contract on the easement and its role in occurrence and regulation servitutnogo the rights
  17. 6 Judicial certificates on concrete affairs and their role at application of civil-law norms
  18. 2.2. Forms of influence of a judgement on legal relation: - Occurrence of rights and duties; - Legal relation change; - The legal relation termination
  19. 1.3. Classification of certificates of registration