The securities from the above list are: Regulation of securities issue
- double warehouse receipt;
- warehouse receipt as part of a double certificate;
- certificate of pledge (warrant) as part of a double certificate;
- simple warehouse receipt.
The fifteenth type of Russian security is one that has received citizenship rights in accordance with the Law of the Russian Federation “On Mortgage (Pledge of Real Estate),” which came into force on July 16, 1998. The last of the securities available in Russia is investment share(in accordance with the Law of the Russian Federation “On Investment Funds”, 2001).
Government bond and just a bond- this is the same type of security with the only difference, consisting in the fact that government bonds can only be issued by the government, but simply a bond - any legal entity.
If a bond is issued by the government, then such a bond is called a government bond. If local governments - then municipal. Legal entities also issue bonds: banks - bank bonds, other companies - corporate ones. Individuals do not issue bonds.
Bank passbook bearer in fact there is a type of bank certificate(along with certificates of deposit and savings certificates).
Privatization check ended its existence by 1996.
The following eight economic types of securities are legally (legally) permitted for issue and circulation in Russia: shares, bonds, promissory notes, checks, bank certificates, bills of lading, mortgages and investment shares.
Promotion
Promotion - in accordance with the law of the Russian Federation “On” is “an emission security that secures the rights of its owner (shareholder) to receive part of the profit of the joint-stock company in the form of dividends, participation in the management of the joint-stock company and part of the property remaining after its liquidation.”
Economic definition is a security that certifies a single contribution to the authorized capital of a business partnership with the ensuing rights for its owner.
Bond
Bond- in accordance with the law of the Russian Federation “On the Securities Market” - this is “an issue-grade security that secures the right of its holder to receive from the issuer of a bond within the period specified by it the nominal value and the percentage of this value or property equivalent fixed in it”;
Economic definition is a security that certifies a single debt obligation of the issuer (the state or any other legal entity) for the return of its nominal value after a certain period in the future on terms that suit its holder.
Bill of exchange
Bill of exchange- a security certifying a written monetary obligation of the debtor to repay the debt, the form and circulation of which are regulated by special legislation - bill of exchange law;
- promissory note- this is a security certifying the unconditional obligation (promise) of the debtor to pay the amount of money specified in it to the holder of the bill after a certain period of time;
- bill of exchange- this is a security that certifies an offer to the debtor to pay the amount of money specified in it to the person designated in it after a certain period of time.
Check
Check- a security document certifying a written order from the drawer of the check to the bank to pay the recipient of the check the amount of money specified in it during the period of its validity. A check is a type of bill of exchange that is issued only by a bank.
Bank certificate
Bank certificate- a security that is a freely negotiable certificate of a monetary deposit (deposit for legal entities, savings for individuals) in a bank with the latter’s obligation to return this deposit and interest on it after a specified period in the future.
Bill of lading
Bill of lading - a security, which is a document of a standard form, accepted in international practice, for the transportation of cargo, certifying its loading, transportation and right to receive it.
Mortgage
Mortgage - This is a registered security that certifies the rights of its owner, in accordance with a mortgage agreement (real estate pledge), to receive a monetary obligation or the property specified in it.
Investment share
Investment share- a registered security certifying its owner’s share in the ownership of the property constituting a mutual investment fund.
The listed types of securities, characteristic of countries with highly developed market economies, are not exhaustive, and therefore it can be predicted that in the future the number of types of securities permitted by Russian legislation will increase.
Russian securities can be distributed according to the main listed characteristics as follows.
Comparative characteristics (classification) of Russian securitiesIn addition to the listed types of securities, which can be called basic, or primary, securities, in world practice there are securities that are based on primary ones, and therefore are considered derivatives in relation to them. Derivatives, or secondary securities, include securities based on stocks and bonds: depositary receipts, stock warrants, etc.
Secondary or derivative security is a security that provides its owner not directly with any property rights, but with rights to any underlying securities and, through them, to property rights.
Depository receipt - this is a security indicating ownership of a certain number of shares of a foreign issuer, but issued for circulation in the investor’s country; This is a form of indirect purchase of shares of a foreign issuer.
Stock warrant- this is a security that gives its owner the right to buy from a given issuer a certain number of its shares (bonds) at a price set by him during a period of time specified by him.
Characteristics of the security
The form has a number of details, or economic characteristics, along with their essential (“capital”) content. The indicated market characteristics usually have a pairwise opposite nature (for example, paper or paperless forms of existence of a security), and therefore securities are classified depending on which characteristic of the corresponding pair they meet. The combination of these features inherent in a security constitutes its economic content.
The set of characteristics that any security has includes:
Timing characteristics:- period of existence: when it was released into circulation, for what period of time or indefinitely;
- form of existence: paper, or, legally speaking, documentary form, or paperless, undocumented form;
- nationality: a security of domestic or another state, i.e. foreign;
- procedure for registering the owner: to bearer or to a specific person (legal, individual);
- form of issue: emission, i.e. issued in separate series, within which all securities are exactly the same in their characteristics, or non-emission (individual);
- type of issuer, i.e. the one who issues a security to the market: state, corporations, individuals;
- degree of negotiability: freely circulated on the market or there are restrictions;
- risk level: high, low, etc.;
- availability of accrued income: whether some income is paid or not;
- transfer procedure (form of address): delivery, assignment of rights of claim: assignment or endorsement;
- Registration: registered or unregistered;
- type of denomination: constant or variable.
Classification and types of securities
Depending on various characteristics, securities are classified as follows:
Types of securities by duration:
- urgent (lifetime is limited in time);
- perpetual (lifespan is not limited in time);
Securities issued for the entire life of the person obligated under them are not directly related to any time period, and therefore they are perpetual securities. These usually include shares. Securities issued for a limited period of time, regardless of whether it is specified when the security is issued or will be determined during its circulation, constitute a group of futures securities.
Future securities have a lifetime established upon their issue or a procedure for establishing this period. Typically, fixed-term securities are divided into three subtypes:
- short-term, with a maturity of up to 1 year;
- medium-term, having a maturity from 1 year to 5 years;
- long-term, having a maturity from 5 to 30 years (mortgage securities, by law, can be issued with a maturity of up to 40 years).
Fixed-term securities, the circulation period of which is not regulated in any way, i.e. they exist until the moment of redemption, the date of which is not indicated in any way when the security is issued, but only the procedure for their cancellation (redemption) is established, are called revocable.
Types of securities by form of existence:
- paper or documentary;
- paperless, or undocumented;
The classic form of existence of a security is a paper form, in which the security exists in the form of a document. The development of the securities market requires the transition of many types of securities, primarily equity ones, to a non-documentary form of existence.
Types of securities by nationality:
- national (Russian);
- foreign;
Types of securities by form of ownership:
- bearer, or bearer securities;
- registered, which contain the name of its owner and are registered in the register of owners of this security;
Ownership of a security can be registered or bearer. A bearer security does not record the name of its owner, and its circulation is carried out by simple transfer from one person to another. A registered security contains the name of its owner and, in addition, is registered in a special register. It is usually transferred by agreement of the parties or by assignment.
If a registered security is transferred to another person by making a transfer note (endorsement) on it, or by order of its owner, then it is called an order security.
Types of securities by form of issue:
- emission, i.e. issued in large quantities, within which all securities are absolutely identical;
- non-emission, usually produced individually or in small batches without state registration;
The issue of securities may or may not be accompanied by their mandatory registration with government authorities. Typically, equity securities are subject to state registration, since their issue affects the interests of a large number of market participants. According to Russian legislation, issued shares, bonds, bank certificates (registered by the Central Bank) and mortgages are subject to mandatory registration. Other types of Russian securities, regardless of the size of their issue, are not subject to state registration.
Issue-grade securities are usually issued in large series, which are subject to state registration. These are usually stocks and bonds. Non-issue securities are issued without any state registration.
Types of securities by type of issuer:
- Government securities are usually different types of bonds issued by the government;
- non-state, or corporate, are securities that are issued for circulation by corporations (companies, banks, organizations) and even individuals.
Government securities- securities issued by . They occupy a special place among securities.
The state is not a capitalist and does not use funds raised through securities to generate income; it only redistributes them through or through its financial system, i.e., it acts as an intermediary. Consequently, government securities are not a representative of directly functioning capital, but a representative of capital that the state does not have, which returns to the economy in a roundabout way (through the salaries of civil servants, the military, the purchase of goods, for example, military equipment, etc.). Therefore, government securities are an indirect representative of real capital.
Types of securities by risk level:
- low risk;
- medium risk;
- high-risk;
According to the level of risk, securities are conventionally divided into risk-free and risky. Risk-free- these are securities for which there is practically no risk. In world practice, these are short-term (1-3 months) government debt obligations (treasury bills). All other securities according to the level of risk are usually divided into low risk e (these are usually government papers), medium risk(these are usually corporate bonds) and high-risk(these are usually shares). There are also higher-risk market instruments than ordinary stocks and bonds.
Graphically, the place of the main types of income-generating securities from the point of view of the ratio of risk and level of profitability is usually depicted as follows (Fig. 2.3).
In turn, each type of basic securities is divided into subtypes, etc.
Rice. 2.3. Dependence of income on riskTypes of securities by degree of negotiability:
- market, or freely circulating;
- non-marketable, which are issued by the issuer and can only be returned to him; cannot be resold;
The main types of securities are marketable, i.e. they can be freely sold and bought on the market. However, in a number of cases, the circulation of securities may be limited, and the security cannot be sold to anyone other than the one who issued it, and then after a specified period. Such securities are called non-marketable.
Types of securities according to the form of raising capital:
- equity, or ownership, which reflect the share in the authorized capital of the company;
- debt, which is a form of borrowing capital (cash).
Types of securities by type of par value:
- with a constant denomination;
- with variable denomination;
According to Russian legislation, each security has its own denomination or face value. However, in world practice it is allowed to issue, for example, shares without a monetary par value, or with a zero par value. In this case, it is indicated what share in the authorized capital is one share, and therefore its par value, calculated by dividing the authorized capital by the number of shares, changes each time the size of this capital changes, and does not remain unchanged as in the case when the par value of the security is given upon its release. If a security is issued with a monetary denomination, then it is constant denomination paper. If a security is issued without a monetary face value (zero face value), then it is variable denomination paper.
Types of securities according to the form of capital servicing:
- Investment (capital) securities are an object for investing money as capital, i.e., for the purpose of generating income.
- Non-investment securities serve monetary settlements in commodity or other markets. Typically, this role is played by bills of lading, warehouse receipts, and bills of exchange.
Types of securities based on the availability of accrued income:
- no income;
- with accrued income;
From the point of view of accruable income, securities, as a rule, are profitable, but they can also be non-income when for their owner they are a simple certificate of goods or money, and not capital. Income on a security can be accrued in the form of a dividend (shares), interest (debt securities) or a discount, i.e., the difference between the par value of the security and its lower purchase price.
The main direction of state regulation of the activities of issuers in the securities market is the state registration of issues and reports on the results of the issue of equity securities.
Since only certain legal entities have the right to issue issue-grade securities, legislation must contain a definition of issue-grade security and determine the range of permissible issuers.
In development of the definition of a security contained in Art. 142 of the Civil Code of the Russian Federation, the Law “On the Securities Market” defines an issue-grade security as any security, including book-entry security, which is simultaneously characterized by the following characteristics:
- 1) secures a set of property and non-property rights that are subject to certification, assignment and unconditional implementation in compliance with the form and procedure established by federal law;
- 2) posted in releases;
- 3) has equal volume and terms of exercise of rights within one issue, regardless of the time of acquisition of the security.
The Law “On the Securities Market” contains an exhaustive list of securities that are emissive: shares, bonds, issuer options and Russian depositary receipts. Russian legislation does not provide for other securities that would be classified as issue-grade, although there are other securities that are traded on the securities market and are subject to special regulation. Securities that are not issued by law include: an investment share of a mutual investment fund (Article 14 of the Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds”) and a mortgage participation certificate (Article 20 of the Law “On mortgage-backed securities").
To prevent the possibility of creating quasi-securities (surrogates) and inventing anything that is not subject to regulation, it is established that any property and non-property rights secured in documentary or non-documentary form, regardless of their name, are emission securities if the conditions for their occurrence and circulation correspond to the set of characteristics of an issue-grade security.
The qualification of such rights as a security is carried out by the Bank of Russia in accordance with Resolution of the Federal Securities Commission of Russia dated December 24, 2003 No. 03-48/ps “On the procedure for qualifying securities.” The basis for qualification of securities are:
- 1) Civil Code of the Russian Federation;
- 2) Law “On the Securities Market”;
- 3) other regulatory legal acts of the Russian Federation regulating relations related to the classification of documents as securities.
Based on the results of the inspection, the Bank of Russia has the right to qualify such property and non-property rights as an issue-grade security, determining its type.
The specifics of regulation of the issue and circulation of securities determine the circle of issuers who have the right to issue certain types of securities.
The right to issue shares and options of the issuer is vested exclusively in joint stock companies, regardless of their type.
A wider range of issuers has the right to issue bonds. First of all, these are executive authorities that issue government bonds on behalf of the Russian Federation, a constituent entity of the Russian Federation, as well as local authorities that issue municipal bonds on behalf of the municipality (Article 2 of the Federal Law of July 29, 1998 No. 136-Φ3 “On the Features of issue and circulation of state and municipal securities").
The right to issue bonds belongs to joint stock companies (Article 33 of the Law “On Joint Stock Companies”), limited liability companies (Article 31 of the Federal Law of 02/08/1998 No. 14-FZ “On Limited Liability Companies”), as well as non-profit organizations ( Article 5 of the Federal Law of March 5, 1999 No. 46-FZ “On the protection of the rights and legitimate interests of investors in the securities market”).
The issuers of bonds also include the Bank of Russia, which, in order to implement monetary policy, can issue bonds on its own behalf (Article 44 of the Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia).”
The issuer of Russian depositary receipts is depository, created in accordance with the legislation of the Russian Federation, meeting the requirements for the amount of equity capital (own funds) established by the regulatory legal acts of the federal executive body for the securities market and carrying out depository activities for at least three years.
An important feature of the regulation of relations related to the issue of securities is the requirement to comply with the issuance procedure and state registration of securities issues. The importance and necessity of this procedure is determined by the fact that issue-grade securities, the issue of which has not passed state registration in accordance with the requirements of the Law “On the Securities Market,” are not subject to placement (alienation of issue-grade securities by the issuer to the first owners through the conclusion of civil transactions) for except in cases established by law.
Placement of issue-grade securities without state registration is permitted in the case of placement:
- 1) shares when establishing a joint-stock company or placing securities during the reorganization of legal entities in the form of merger, division, separation and transformation, in which the placement of securities is carried out before the state registration of their issue, and the state registration of the report on the results of the issue of securities is carried out simultaneously with the state registration of securities issue;
- 2) securities during the reorganization of joint-stock companies in the form of division or spin-off, carried out simultaneously with a merger or annexation, in which the placement of securities of joint-stock companies created as a result of division or spin-off is carried out without state registration of the issue of securities and a report on the results of the issue of securities papers;
- 3) exchange-traded bonds;
- 4) bonds of the Bank of Russia.
Procedure for issuing securities – this is the sequence of actions of the issuer for the placement of securities established by the Law “On the Securities Market”. It consists of five stages:
- 1) making a decision on the placement of issue-grade securities;
- 2) approval of the decision on the issue (additional issue) of issue-grade securities;
- 3) state registration of the issue (additional issue) of issue-grade securities;
- 4) placement of issue-grade securities;
- 5) state registration of a report on the results of the issue (additional issue) of issue-grade securities or submission to the registration authority of a notification on the results of the issue (additional issue) of issue-grade securities.
The requirements for the actions of the issuer and the documents required at each stage of the issuance procedure are established by the Law “On the Securities Market” and the Standards for issuing securities and registering securities prospectuses, approved by Order of the Federal Financial Markets Service of Russia dated July 4, 2013 No. 13-55/pz-n. These standards do not apply to the issue of state and municipal securities, as well as bonds of the Bank of Russia.
State registration of issues of equity securities carried out by the Bank of Russia, with the exception of registration of issues of state and municipal securities (the conditions for the issue of securities of the Russian Federation are subject to state registration in the manner established for state registration of regulatory legal acts of federal executive bodies, and the conditions for the issue of securities of a constituent entity of the Russian Federation or municipal securities are subject to state registration with the federal executive body authorized by the Government of the Russian Federation to draw up and (or) execute the federal budget).
The Bank of Russia is obliged to carry out state registration of the issue of issue-grade securities or make a reasoned decision to refuse state registration of the issue of issue-grade securities within 30 days from the date of receipt of the documents submitted for state registration.
During this period, the registration authority has the right to verify the accuracy of the information contained in the submitted documents.
Responsibility for the accuracy of the information contained in the submitted documents lies with the persons who signed and approved the relevant documents. The registration authority is responsible only for the completeness of the information contained in the documents submitted for state registration of the issue of issue-grade securities.
The registration authority has the right to refuse state registration of an issue of issue-grade securities if it finds, in particular:
■ violation by the issuer of the requirements of the legislation of the Russian Federation on securities, including the presence in the submitted documents of information that allows one to conclude that the conditions for the issue and circulation of issue-grade securities are inconsistent with the legislation of the Russian Federation and the non-compliance of the conditions for the issue of issue-grade securities with the legislation of the Russian Federation on securities;
■ inconsistency of the documents submitted for state registration of an issue of securities or registration of a securities prospectus, and the composition of the information contained therein, with the requirements of the Law “On the Securities Market” and regulatory legal acts of the Federal Financial Markets Service of Russia;
■ entering into the securities prospectus or decision on the issue of securities (other documents that are the basis for registering the issue of securities) false information or information that does not correspond to reality (inaccurate information).
Only after state registration of the issue of securities the issuer has the right to begin their placement. If the state registration of the securities issue was accompanied by the registration of a securities prospectus, then the issuer has the right to begin placement no earlier than two weeks after the publication of the notice of state registration of the securities issue.
If an issuer registers an issue of securities, the placement and circulation of which will be carried out outside the Russian Federation, then it is required to obtain permission from the Bank of Russia.
The said permit is issued subject to the following conditions:
■ state registration of the issue (additional issue) of securities of the Russian issuer was carried out;
■ securities of the Russian issuer are included in the quotation list of at least one stock exchange;
■ the number of securities of a Russian issuer, the placement or circulation of which is expected outside the Russian Federation, does not exceed the standard established by the regulatory legal acts of the federal executive body for the securities market;
■ the agreement on the basis of which the placement, in accordance with foreign law, of securities of foreign issuers certifying rights in respect of shares of Russian issuers is carried out, provides that the voting rights on these shares are exercised only in accordance with the instructions of the owners of the mentioned securities of foreign issuers;
■ other requirements established by federal laws are met.
The procedure for issuing this permit is determined by the Regulations on the procedure for issuing by the Federal Service for Financial Markets permission to place and (or) circulate equity securities of Russian issuers outside the Russian Federation, approved by Order of the Federal Financial Markets Service of Russia dated January 12, 2006 No. 06-5/pz-n.
The issuer is obliged to complete the placement of issued securities no later than one year from the date of state registration of the issue of securities. The number of issued issue-grade securities to be placed must not exceed the quantity specified in the decision on the issue, while the issuer may place a smaller number of issue-grade securities than specified in the decision on the issue.
Upon completion of the placement, the issuer is obliged to submit a report on the results of the issue of securities to the Bank of Russia for state registration. The registration authority reviews the report on the results of the issue of securities within two weeks and, in the absence of violations related to the issue of securities, registers it.
If, during the issue of securities, violations of legal requirements by the issuer are revealed or inaccurate information is found in the documents on the basis of which the issue of securities was registered, then the issue of securities may be declared invalid. The procedure for recognizing the issue of securities as failed is determined by the Regulations on the procedure for suspending the issue and recognizing the issue of securities as failed or invalid, approved by Resolution of the Federal Commission for the Securities Market of Russia dated December 31, 1997 No. 45.
In this case, all securities of this issue are subject to withdrawal from circulation, and the funds received by the issuer from the placement of an issue of issue-grade securities recognized as failed or invalid must be returned to the owners. The procedure for the withdrawal of securities and the return of funds by the issuer is regulated by the Regulations on the procedure for the return to owners of securities of funds (other property) received by the issuer as payment for securities, the issue of which is recognized as failed or invalid, approved by Resolution of the Federal Securities Commission of Russia dated September 8, 1998 No. 36.
After the state registration of the report on the results of the issue of issue-grade securities, the latter can be freely circulated; any transactions that are not prohibited by law can be concluded with them.
After state registration of an issue of equity securities, the issuer in a number of cases becomes obligated to take actions to disclose information. The issuer's obligation to disclose information is necessary so that all interested parties, and not just holders of securities, can have prompt and free access to information about its activities and make informed investment decisions based on it.
Under disclosure of information means ensuring its accessibility to all persons interested in this, regardless of the purpose of obtaining this information in accordance with a procedure that guarantees its location and receipt. The content of such a procedure is established by the Regulations on the disclosure of information by issuers of equity securities, approved by Order of the Federal Financial Markets Service of Russia dated October 10, 2006 No. 06-117/pz-n. Information disclosure is carried out in the form:
- 1) quarterly report of the issuer of equity securities;
- 2) messages about significant facts (events, actions) relating to the financial and economic activities of the issuer of issue-grade securities.
The obligation to disclose information in the form of a quarterly report applies to:
■ for issuers in respect of whose securities at least one securities prospectus has been registered;
■ for issuers, the state registration of at least one issue (additional issue) of securities of which was accompanied by the registration of a securities prospectus in the case of placement of such securities through an open subscription or through a closed subscription among a circle of persons whose number exceeded 500;
■ for issuers that are joint-stock companies created during the privatization of state and (or) municipal enterprises (their divisions), in accordance with the privatization plan approved in the prescribed manner and which on the date of its approval was the prospectus for the issue of shares of such an issuer, if the specified privatization plan provided for the possibility of alienating the issuer's shares to more than 500 acquirers or an unlimited number of persons.
The issuer's quarterly report contains information on the results of financial and economic activities for the reporting quarter. Current events in the corporate and financial and economic activities of the issuer are reflected in statements of material facts, which, in particular, include the following information:
- 1) on the reorganization of the issuer, its subsidiaries and dependent companies;
- 2) facts that resulted in a one-time increase or decrease in the value of the issuer’s assets by more than 10%;
- 3) facts of one-time transactions of the issuer, the size of which or the value of the property for which amounts to 10% or more of the issuer’s assets as of the date of the transaction;
- 4) on the stages of the procedure for issuing issue-grade securities, on the suspension and resumption of the issue of issue-grade securities, on recognizing the issue (additional issue) of issue-grade securities as failed or invalid;
- 5) inclusion in the register of shareholders of the issuer of a shareholder owning at least 5% of the issuer’s ordinary shares, as well as any change as a result of which the share of such shares owned by this shareholder became more or less 5, 10, 15, 20, 25, 30, 50 or 75% of outstanding ordinary shares;
- 6) the date of closing of the register of shareholders of the issuer, the deadlines for fulfilling the obligations of the issuer to the owners, decisions of general meetings;
- 7) accrued and (or) paid income on the issuer's securities;
- 8) received by the issuer - an open joint-stock company in accordance with Chapter. XI.1 of the Law "On Joint Stock Companies" voluntary or mandatory offer (including a competing offer), notice of the right to demand the redemption of securities or a request for redemption of securities sent by a person who has acquired more than 95% of the total number of ordinary shares and preferred shares shares of an open joint-stock company providing voting rights in accordance with clause 5 of Art. 32 of the Law “On Joint Stock Companies”, taking into account the shares owned by this person and his affiliates.
The obligation to disclose information in the form of statements of material facts applies to issuers in the event of registration of a securities prospectus, as well as to issuers who are required to disclose information in the form of a quarterly report. The issuer's obligation to disclose information in the form of statements of material facts arises from the date following the day of registration of the securities prospectus of this issuer.
The citizen went missing under circumstances that threatened death or gave reason to assume his death from a certain accident, and for 6 months after that there is no information about his whereabouts;
At the citizen’s place of residence there is no information about his place of stay for 5 years;
A serviceman or other citizen went missing in connection with hostilities and at least 2 years have passed since the end of hostilities.
21. A citizen’s full legal capacity arises at the moment (check three):
Marriage of a minor citizen
Achievement of 18 years of age
Declaration of full legal capacity by decision of the guardianship and trusteeship authority or the court of a minor citizen working under an employment contract or engaged in entrepreneurial activity
22. Guardians and trustees can be appointed (choose 4 correct answers)…
Capable citizens
Foreign citizens and stateless persons
Adult citizens
Citizens of Russia
23. Cases of singular succession are: (check two):
Assignment of the right of claim
Debt transfer
24. Civil law norms may contain (choose four correct answers):
In the Civil Code and federal laws adopted in accordance with it
In the decrees of the President of the Russian Federation
In decrees of the Government of the Russian Federation
In acts of federal executive authorities
25. Methods of protecting civil rights, the application of which can only be done by the court, include (choose three correct answers):
Application of the consequences of invalidity of a void transaction
Recognition of law
Recognizing a voidable transaction as invalid and applying the consequences of its invalidity
26. The Russian Federation, a subject of the Russian Federation, a municipal entity are liable for their obligations with property owned by them, except for property (choose three correct answers):
Assigned to the legal entities created by them with the right of economic management
Assigned to the legal entities created by them with the right of operational management
Which can only be in state or municipal ownership
27. With the transfer of a security passes:
All the rights it certifies in the aggregate
28. Securities include documents that:
Classified as securities only by securities laws or in the manner prescribed by them
29. Endorsement of a bill made to the drawer means that:
Obligations under the bill have ceased
30. A security containing an unconditional order from the person issuing it to the bank to pay the amount specified in it to the holder of this security is called:
31. A security certifying the amount of the deposit made to the bank and the rights of the depositor - a legal entity (holder of the security) to receive, upon expiration of the established period, the amount of the deposit and interest from the bank that issued it, is called:
Certificate of Deposit
32. A security, which is a document of title, indicating the conclusion of a contract for carriage by sea and certifying the right of its holder to dispose of the cargo specified in this document and to receive the cargo after completion of transportation is called:
Bill of Lading
33. Shares that can be exchanged for other shares at a fixed price are called:
Convertible
34. The period provided for by law or contract for filing a claim against an obligated person in pre-trial procedure is called:
Pretentious
35. Special limitation periods for certain types of claims may be established:
by law
36. The limitation period is suspended provided that the grounds for its suspension arose or continued to exist in recent years:
Six months of the limitation period, and if this period is six months or less than six months - during the limitation period
37. From the date of termination of the circumstance that served as the basis for suspending the limitation period, the remaining part of this period:
Extended to six months, and if the limitation period is six months or less than six months - to the limitation period
38. As a general rule, with the expiration of the limitation period for the main claim, the limitation period for additional claims, such as penalties, pledge, etc.:
Also expires
39. The limitation period for a claim to invalidate a transaction made under the influence of a mistake is:
One year
40. The characteristics of a security, as a general rule, are (choose four correct answers):
Established document form
Availability of required details
Certification by her of property rights, the types of which are determined by law or in the manner established by it
The need to present it for the exercise or transfer of rights under it
41. The securities from the above list are (choose four correct answers):
Bill of lading
Bank passbook bearer
Bond
Bill of exchange
42. Securities from the above list are (choose 4 correct answers):
Government bond
Savings certificate
43. A share as a security in Russia is (choose two correct answers):
Nominal
Emission
44. Intangible benefits include (choose three correct answers):
Health
Right of free movement
45. A citizen has the right to demand in court a refutation of information about him if this information (choose three correct answers):
Are defamatory
Were distributed in some way
Not true
46. Consent to the publication and further use of a citizen’s image is not required in cases where (choose three correct answers):
The use of the image is carried out in state, public or other public interests
The image of a citizen was obtained during filming, which is carried out in places open to the public or at public events, and is not the main object of use
Citizen posed for a fee
47. Select transactions that are classified as unilateral (choose three correct answers):
Power of attorney
Public promise of reward
Will
48. The person to whom the power of attorney has been issued may entrust the performance of the actions specified in it to another:
If authorized to do so by power of attorney
If forced to do so by force of circumstances to protect the interests of the person who issued the power of attorney
49. When notarizing a power of attorney, the following must be present:
Principal only
50. A representative cannot make a transaction on behalf of the represented one (choose three correct answers):
Regarding yourself personally
In relation to another person whose representative he is at the same time, with the exception of cases of commercial representation
If the transaction by its nature can only be completed in person
51. A power of attorney may be issued:
By several principals jointly without limiting their number
52. The course of a period defined by a period of time begins (choose two correct answers):
The next day after the calendar date by which its beginning is determined
The day after the occurrence of the event that determines its beginning
53. The grounds for suspending the limitation period include (choose five correct answers):
Presence of force majeure preventing the filing of a claim
The presence of the plaintiff or defendant in the Armed Forces transferred to martial law
Establishment by the Government of the Russian Federation on the basis of law of a deferment of fulfillment of obligations (moratorium)
Suspension of the law or other legal act regulating the relevant relationship
Conclusion of an agreement to conduct a mediation procedure
54. The limitation period does not apply to (choose two correct answers):
Claims for compensation for harm caused to the life or health of a citizen
Demands of the owner or other possessor to eliminate any violations of his rights, even if these violations were not associated with deprivation of possession
55. The limitation period does not apply to (choose two correct answers):
Requirements for the protection of personal non-property rights and other intangible benefits, except as provided by law
Depositors' demands to the bank for issuing deposits
56. A separate division of a legal entity, located outside its location, which only represents the interests of the legal entity and protects them, is called ...
AnsPat="*representatives*";
57. A unitary enterprise endowed with property by the owner with the right of operational management is called:
AnsPat="*breech* ";
58. Participants in a production cooperative are called this way:
Cooperative members
59. A citizen who signs a transaction at the request of another citizen who cannot sign with his own hand due to a physical disability, illness or illiteracy is called:
AnsPat="*assault*";
60. Transactions that are invalid due to being recognized as such by a court are called...
AnsPat="*dispute* ";
61. The ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil responsibilities for himself and to fulfill them is called:
AnsPat="*capable*";
62. Declaring a minor citizen fully capable is...
AnsPat="*emancipation*";
63. Guardianship established at the request of an adult capable citizen who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties is called ...
AnsPat="*patronage* ";
64. Independent activity, carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law is called...
AnsPat="*take* ";
65. State registration of transactions by its nature is:
A special case of restriction of civil rights
Possessions
Orders
Use
67. Legal entities that are the owners of property transferred to them as contributions (contributions) by their founders (participants, members) include (choose three correct answers):
General partnership
Limited Liability Company
Joint-Stock Company
68. Legal entities that are the owners of property transferred to them as contributions (contributions) by their founders (participants, members) include (choose four correct answers):
Production cooperative
Consumer cooperative
Public organization
69. Organizations whose property remaining after satisfying the creditors’ claims, in the event of their liquidation, is not distributed among the founders, but is used for the purposes specified in the constituent documents of such organizations, include:
Public organization
70. The following property is included in state property (choose two correct answers):
Property owned by the Russian Federation
Property owned by subjects of the Russian Federation
71. To establish a private easement, the following legal facts are required (choose two correct answers):
State registration of easement
Agreement between the person requiring the establishment of an easement and the owner of the neighboring land plot
72. An easement may be encumbered by (choose four correct answers):
Land plot
Construction
Room
73. The subjects of operational management law are...
State enterprise
Establishment
74. A state or municipal unitary enterprise may own property by right:
Economic management
Operational management
75. The subject of the right of economic management can be (choose two correct answers):
State unitary enterprise
Municipal unitary enterprise
76. Property acquired by an institution or state-owned enterprise at the expense of the owner of this property may be seized by the owner if it is (choose three correct answers):
Redundant
Unused
Used for other purposes
77. The Civil Code of the Russian Federation provides for the possibility of creating the following types of state (municipal) institutions (choose three correct answers):
Autonomous institution
State institution
Sovereign institution
78. The owner has the right to withdraw the property assigned to him by an institution or state-owned enterprise (choose three correct answers):
Being redundant
Unused
Used for other purposes
79. The owner of property under the economic control of an enterprise has the right (choose five correct answers):
Resolve issues of creation, reorganization and liquidation of this enterprise
Determine the subject and goals of the enterprise’s activities
Appoint a director (manager) of the enterprise
Monitor the intended use and safety of property owned by the enterprise
Receive part of the profit from the use of property owned by the enterprise
80. By virtue of the direct instructions of the law, common joint property is (indicate 2 correct answers):
Property of participants in a peasant (farm) enterprise
Property of spouses
81. Members of a peasant (farm) enterprise, on the basis of the farm’s property, can create (choose two correct answers) ...
Economic partnership
Production cooperative
82. Property may be jointly owned (choose two correct answers)…
Peasant (farm) economy
Spouses
83. For the obligations of one of the spouses, recovery may be directed to (choose two correct answers)…
Property owned by him
His share in the common property of the spouses, which would be due to him upon division of this property
84. The creditor of a participant in shared or joint ownership, if the owner of other property has insufficient funds, has the right (choose two correct answers):
Submit a demand for the allocation of the debtor's share in the common property for foreclosure
Demand that the debtor sell his share to the other participants in the common property at a price commensurate with the market value of this share, with the proceeds from the sale being used to repay the debt
85. The right of ownership of real estate does not arise at the time of state registration of the corresponding right (choose three correct answers):
In case of inheritance of the relevant real estate
In case of transfer of real estate to a legal entity - legal successor from a legal entity - legal predecessor as a result of reorganization
In case of full payment of the share by a member of the consumer cooperative for the provided premises
The citizen went missing under circumstances that threatened death or gave reason to assume his death from a certain accident, and for 6 months after that there is no information about his whereabouts;
- at the citizen’s place of residence there is no information about his place of stay for 5 years;
A serviceman or other citizen went missing in connection with hostilities and at least 2 years have passed since the end of hostilities.
22. A citizen’s full legal capacity arises at the moment (check three):
- marriage of a minor citizen
- reaching 18 years of age
Declaration of full legal capacity by decision of the guardianship and trusteeship authority or the court of a minor citizen working under an employment contract or engaged in entrepreneurial activity
23. Guardians and trustees can be appointed (choose 4 correct answers)…
- capable citizens
- foreign citizens and stateless persons
- adult citizens
- citizens of Russia
27. The Russian Federation, a subject of the Russian Federation, a municipal entity are liable for their obligations with property owned by them, except for property (choose three correct answers):
- assigned to the legal entities created by them with the right of economic management
- assigned to the legal entities created by them with the right of operational management
- which can only be in state or municipal ownership
28. With the transfer of a security passes:
- all rights certified by it in the aggregate
29. Securities include documents that:
- classified as securities only by securities laws or in the manner prescribed by them
30. Endorsement of a bill made to the drawer means that:
- obligations under the bill have ceased
31. A security containing an unconditional order from the person issuing it to the bank to pay the amount specified in it to the holder of this security is called:
- by check
32. A security certifying the amount of a deposit made to a bank and the rights of the depositor - a legal entity (holder of the security) to receive, upon expiration of the established period, the amount of the deposit and interest from the bank that issued it, is called:
- certificate of deposit
33. A security, which is a document of title, indicating the conclusion of a contract for carriage by sea and certifying the right of its holder to dispose of the cargo specified in this document and to receive the cargo after completion of transportation is called:
- bill of lading
34. Shares that can be exchanged for other shares at a fixed price are called:
- convertible
41. The characteristics of a security, as a general rule, are (choose four correct answers):
- established document form
- availability of required details
- certification by her of property rights, the types of which are determined by law or in the manner established by it
- the need to present it for the exercise or transfer of rights under it
42. Securities from the above list are (choose four correct answers):
- bill of lading
- bank savings book to bearer
- bond
- bill of exchange
43. Securities from the above list are (choose 4 correct answers):
- government bond
- check
- savings certificate
- promotion
44. A share as a security in Russia is (choose two correct answers):
- personal
- emission
45. Intangible benefits include (choose three correct answers):
- life
- health
- right of free movement
46. A citizen has the right to demand in court a refutation of information about him if this information (choose three correct answers):
- are defamatory
- were distributed in any way
- not true
47. Consent to the publication and further use of a citizen’s image is not required in cases where (choose three correct answers):
- the use of the image is carried out in state, public or other public interests
The image of a citizen was obtained during filming, which is carried out in places open to the public or at public events, and is not the main object of use
- the citizen posed for a fee
57. A separate division of a legal entity, located outside its location, which only represents the interests of the legal entity and protects them, is called ...
- representation
58. A unitary enterprise endowed with property by the owner with the right of operational management is called:
- government
59. Participants in a production cooperative are called this way:
- members of the cooperative
62. The ability of a citizen, through his actions, to acquire and exercise civil rights, create civil responsibilities for himself and fulfill them is called:
- legal capacity
63. Declaring a minor citizen fully capable is...
- emancipation
64. Guardianship established at the request of an adult capable citizen who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties is called ...
- patronage
65. Independent activity, carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law is called...
- entrepreneurship
68. Legal entities that are the owners of property transferred to them as contributions (contributions) by their founders (participants, members) include (choose three correct answers):
- general partnership
- limited liability company
- Joint-Stock Company
69. Legal entities that are the owners of property transferred to them as contributions (contributions) by their founders (participants, members) include (choose four correct answers):
- consumer cooperative
- public organization
- fund
70. Organizations whose property remaining after satisfying the creditors’ claims, in the event of their liquidation, is not distributed among the founders, but is used for the purposes specified in the constituent documents of such organizations, include:
- public organization
- fund
74. The subjects of operational management law are...
- state-owned enterprise
- establishment
75. A state or municipal unitary enterprise may own property by right:
- economic management
- operational management
76. The subject of the right of economic management can be (choose two correct answers):
- state unitary enterprise
- municipal unitary enterprise
77. Property acquired by an institution or state-owned enterprise at the expense of the owner of this property may be seized by the owner if it is (choose three correct answers):
- unnecessary
- unused
- used for other purposes
78. The Civil Code of the Russian Federation provides for the possibility of creating the following types of state (municipal) institutions (choose three correct answers):
- autonomous institution
- state-financed organization
- government agency
79. The owner has the right to withdraw the property assigned to him by an institution or a state-owned enterprise (choose three correct answers):
- being redundant
- unused
- used for other purposes
80. The owner of property under the economic control of an enterprise has the right (choose five correct answers):
- resolve issues of creation, reorganization and liquidation of this enterprise
- determine the subject and goals of the enterprise’s activities
- appoint a director (manager) of the enterprise
Monitor the intended use and safety of property owned by the enterprise
- receive part of the profit from the use of property owned by the enterprise
82. Members of a peasant (farm) enterprise, on the basis of the farm’s property, can create (choose two correct answers) ...
- business partnership
- production cooperative
112. A state-owned enterprise is based on the right of ______________.
- operational management
113. The property of the institution is assigned to the right of ____________.
- operational management
114. Unitary enterprises, with the exception of state-owned enterprises, own property by right ____________.
- economic management
115. An institution that does not have the right to dispose of property assigned to it by the owner or acquired by it at the expense of the owner, authorized to carry out activities that generate income that comes to the independent disposal of the institution, is called __________
- private
116. A government institution has the following powers in relation to property assigned to it by the owner with the right of operational management:
- possessions
- use
129. Obligations with multiple persons may be...
- equity
- solidary
- subsidiary
143. The assignment of a claim is called...
- cession
144. The assignment of the right to claim under an order security is carried out by making an endorsement on this security, which is called ...
- endorsement
1. Legal acts of ministries and departments containing civil law norms, as a general rule, come into force
2. An extra item in the list of principles on which civil legislation is based is:
Strict imperativeness of civil law norms
5. To which of the relations, as a general rule, does civil law not apply:
Relations based on administrative or other power subordination of one party to the other
16. Foreclosure of land and other natural resources that are in state or municipal ownership:
Allowed only in cases provided for by law
24. Cases of singular succession are: (check two):
Assignment of the right of claim
Debt transfer
25. Civil law norms may contain (choose four correct answers):
In the Civil Code and federal laws adopted in accordance with it
In the decrees of the President of the Russian Federation
In decrees of the Government of the Russian Federation
In acts of federal executive authorities
26. Methods of protecting civil rights, the application of which can only be done by the court, include (choose three correct answers):
Application of the consequences of invalidity of a void transaction
Recognition of law
Recognizing a voidable transaction as invalid and applying the consequences of its invalidity
35. The period provided for by law or contract for filing a claim against an obligated person in pre-trial procedure is called:
Pretentious
36. Special limitation periods for certain types of claims may be established:
by law
37. The limitation period is suspended provided that the grounds for its suspension arose or continued to exist in recent times:
Six months of the limitation period, and if this period is six months or less than six months - during the limitation period
38. From the date of termination of the circumstance that served as the basis for suspending the limitation period, the remaining part of this period:
Extended to six months, and if the limitation period is six months or less than six months - to the limitation period
39. As a general rule, with the expiration of the limitation period for the main claim, the limitation period for additional claims, such as penalties, pledge, etc.:
Also expires
40. The limitation period for a claim to invalidate a transaction made under the influence of a mistake is:
One year
48. Select transactions that are unilateral (choose three correct answers):
Power of attorney
Public promise of reward
Will
49. The person to whom the power of attorney has been issued may entrust the performance of the actions specified in it to another:
If authorized to do so by power of attorney
If forced to do so by force of circumstances to protect the interests of the person who issued the power of attorney
50. When notarizing a power of attorney, the following must be present:
Principal only
51. A representative cannot make a transaction on behalf of the represented one (choose three correct answers):
Regarding yourself personally
In relation to another person whose representative he is at the same time, with the exception of cases of commercial representation
If the transaction by its nature can only be completed in person
52. A power of attorney may be issued:
By several principals jointly without limiting their number
53. The course of a period defined by a period of time begins (choose two correct answers):
The next day after the calendar date by which its beginning is determined
The day after the occurrence of the event that determines its beginning
54. The grounds for suspending the limitation period include (choose five correct answers):
Presence of force majeure preventing the filing of a claim
The presence of the plaintiff or defendant in the Armed Forces transferred to martial law
Establishment by the Government of the Russian Federation on the basis of law of a deferment of fulfillment of obligations (moratorium)
Suspension of the law or other legal act regulating the relevant relationship
Conclusion of an agreement to conduct a mediation procedure
55. The limitation period does not apply to (choose two correct answers):
Claims for compensation for harm caused to the life or health of a citizen
Demands of the owner or other possessor to eliminate any violations of his rights, even if these violations were not associated with deprivation of possession
56. The limitation period does not apply to (choose two correct answers):
Requirements for the protection of personal non-property rights and other intangible benefits, except as provided by law
Depositors' demands to the bank for issuing deposits
60. A citizen who signs a transaction at the request of another citizen who cannot sign with his own hand due to a physical disability, illness or illiteracy is called:
Assault
61. Transactions that are invalid due to being recognized as such by a court are called...
Voidable
66. State registration of transactions by its nature is:
A special case of restriction of civil rights
Possessions
Orders
Use
71. The following property is included in state property (choose two correct answers):
Property owned by the Russian Federation
Property owned by subjects of the Russian Federation
72. To establish a private easement, the following legal facts are required (choose two correct answers):
State registration of easement
Agreement between the person requiring the establishment of an easement and the owner of the neighboring land plot
73. An easement may be encumbered by (choose four correct answers):
Land plot
Construction
Room
81. By virtue of the direct instructions of the law, common joint property is (indicate 2 correct answers):
Property of participants in a peasant (farm) enterprise
Property of spouses
83. Property may be jointly owned (choose two correct answers)…
Peasant (farm) economy
Spouses
84. For the obligations of one of the spouses, recovery may be directed to (choose two correct answers)…
Property owned by him
His share in the common property of the spouses, which would be due to him upon division of this property
85. The creditor of a participant in shared or joint ownership, if the owner of other property has insufficient funds, has the right (choose two correct answers):
Submit a demand for the allocation of the debtor's share in the common property for foreclosure
Demand that the debtor sell his share to the other participants in the common property at a price commensurate with the market value of this share, with the proceeds from the sale being used to repay the debt
86. The right of ownership of real estate does not arise at the time of state registration of the corresponding right (choose three correct answers):
In case of inheritance of the relevant real estate
In case of transfer of real estate to a legal entity - legal successor from a legal entity - legal predecessor as a result of reorganization
In case of full payment of the share by a member of the consumer cooperative for the provided premises
87. A thing is ownerless (choose three correct answers):
The ownership right to which the owner has renounced, unless otherwise provided by law
The owner of which is unknown
Ownerless
88. The owner (possessor, user) of the object where the abandoned thing is located does not need a court decision to recognize this thing as ownerless in order to acquire ownership of it in the following cases (choose two correct answers):
The value of the abandoned item is clearly below the amount corresponding to five times the minimum wage
Abandoned item refers to abandoned scrap metals, defective products, alloy waste, dumps and drains formed during mining, industrial waste and other waste
89. Derivative methods of acquiring property rights are:
Acquisition under an agreement on alienation of property
Acquisition of property upon inheritance
90. From the point of view of civil law, the demolition of an unauthorized building is: (select 2):
Method of protecting the rights and legally protected interests of third parties
A method of protecting the rights and legally protected interests of the subject of property rights to a land plot
91. According to the Civil Code of the Russian Federation, the right of ownership of an unauthorized construction can be recognized by the person who carried it out if the land plot on which the unauthorized construction was carried out belongs to the developer for (choose two correct answers):
Any property right
Ownership
92. The following may submit a demand for the demolition of an unauthorized building (choose four correct answers):
The owner of the land plot on which the unauthorized construction was carried out
Tenant of the land plot on which unauthorized construction was carried out
Prosecutor
The local government body in whose jurisdiction the unauthorized construction was carried out
93. A demand for the demolition of an unauthorized building can be presented to a person (choose three correct answers):
Carrying out unauthorized construction
Being the owner of an unauthorized building
Who has registered ownership of the unauthorized construction
94. The provisions of the Civil Code of the Russian Federation on unauthorized construction apply to:
In cases of unauthorized reconstruction, as a result of which a new property was created
In cases where an unfinished construction site acts as an unauthorized building
95. The grounds for termination of ownership rights at the will of the owner are (indicate 3 correct answers):
Relinquishment of Ownership
Alienation by the owner of his property
Destruction by the owner of his property
96. Redemption of mismanaged cultural property is possible if the following conditions are met (choose 3 correct answers):
In accordance with the law, they are classified as especially valuable and protected by the state
The owner is reimbursed the cost of cultural property, and if they are sold at public auction, the proceeds from the sale minus the costs of the auction
The owner maintains these valuables in a wasteful manner, which threatens them to lose their meaning
97. The court may make a decision on the forced sale of property that, by law, cannot belong to its owner, if the following conditions are met (choose 2 correct answers):
The property was legally owned by the person
The owner did not alienate this property within a year from the moment the right of ownership to this property arose, unless a different period is established by law
98. Forced seizure of property from the owner is permitted on the following grounds (choose 6 correct answers):
Foreclosure of property for obligations
Alienation of real estate in connection with the seizure of a land plot
Requisition
Redemption of mismanaged cultural property and domestic animals
Alienation of property that, by virtue of law, cannot belong to a given person
Confiscation
99. Forced seizure of property from the owner is allowed on the following grounds (choose 4 correct answers):
Nationalization
Purchase of land for state and municipal needs
Seizure of a land plot used in violation of the law
Termination of ownership rights to unmanaged residential premises
100. The transfer of a thing is recognized as (choose four correct answers):
Delivery of the item to the purchaser
Delivery to the carrier for shipment to the purchaser in the event that the item was alienated without the obligation of delivery
Delivery to a communications organization for forwarding to the acquirer in the event that the item was alienated without the obligation of delivery
Transfer of a bill of lading or other document of title to an item
101. An item is considered delivered to the acquirer:
From the moment of its actual receipt into the possession of the acquirer or the person indicated by him
102. A person acquires ownership of property by virtue of acquisitive prescription if he owned this property (select five necessary conditions):
In good faith
Continuously
Like your own
During the period of acquisitive limitation established by law
Open
103. A person who has manufactured a new movable thing by processing materials that do not belong to him acquires ownership rights to it if the following conditions are met (choose four correct answers):
Otherwise not provided for in the contract
The person carrying out the processing acted in good faith
The cost of processing significantly exceeds the cost of materials
Processing was carried out for oneself
104. Until proven otherwise, a sunken ship is:
The object of ownership of the person who is the owner at the time of the accident
An ownerless thing
105. The owner of a painting has the right to vindicate the latter on the condition (choose three correct answers):
Bad faith of the acquirer
No consideration from the acquirer
Loss of possession of a thing against the will of the owner
106. When vindicating property, the owner has the right to demand from the bona fide owner compensation for all income that he received or should have received (choose two correct answers):
From the time when the bona fide owner knew or should have known about the illegality of possession
From the time the bona fide owner receives a summons on the owner’s claim for the return of property
107. A bona fide owner has the right to demand from the owner compensation for the necessary expenses incurred on the property from the time when (choose two correct answers):
He knew or should have known about the illegality of possession
He received a summons for the owner's claim for the return of property
108. Persons entitled to a negatory claim are:
Owner of the item
Borrower of the thing
Tenant things
109. Claims in rem include:
Vindication claim
Negative claim
110. Claims in rem include:
Claim for recognition of ownership rights
Vindication claim
111. Property owned by two or more persons belongs to them by right...
Common property
117. Money or valuable objects buried in the ground or otherwise hidden, the owner of which cannot be identified or, by virtue of the law, has lost the right to them, are called
118. The owner’s claim to recover property from someone else’s illegal possession is called...
Vindication
119. The acquirer of a thing who did not know and could not know that the alienator of the latter is a person not authorized to alienate it is considered...
Conscientious
120. Improvements to property that can be separated without damaging this property are called...
Separable
121. A bona fide owner of the vindicated property has the right to retain the _______________ improvements he has made. (fill in the blank)
Separable
122. The owner’s claim to eliminate any violations of his rights, even if these violations were not associated with deprivation of possession, is called...
Negative
123. The subject of collateral can be (choose three correct answers):
Real estate
Items limited in circulation
Movable property
124. The guarantee agreement is terminated in the following cases (choose three correct answers):
Refusal of the creditor to accept due performance offered by the debtor or guarantor
Termination of an obligation secured by a guarantee
Transfer of a debt under an obligation secured by a guarantee to another person, if the guarantor has not given the creditor consent to be responsible for the new debtor
125. A bank guarantee is terminated in the following cases (choose three correct answers):
Payment of the amount for which the bank guarantee was issued
The end of the period specified in the guarantee for which it was issued
Refusal of the creditor under the main obligation from his rights under the guarantee and its return to the guarantor
126. The amount paid is subject to indexation taking into account the level of inflation in the manner and in cases established by law (choose three correct options):
To compensate for the harm caused to life
In compensation for damage caused to health
Under a lifelong maintenance agreement
127. If the creditor refuses to accept fulfillment of the obligation, the debtor has the right to deposit the money or securities due from him (choose two correct answers):
Notary
Courts (in cases provided by law)
128. In the event that the obligated party fails to provide the performance of the obligation stipulated by the contract, the party on whom the counter-performance lies (choose two correct answers):
Has the right to suspend the fulfillment of his obligation, unless otherwise provided by law or agreement
The right to refuse to fulfill this obligation and demand compensation for losses, unless otherwise provided by law or contract
130. The conditions for the admissibility of credit are (choose three correct answers):
Availability of counterclaims
Uniformity of requirements
The deadline for the requirements has arrived or is not specified or is determined by the moment of demand
131. Transfer of rights to another person is not allowed in relation to (choose 3 correct answers):
Child support claims
Claims for compensation for damage caused to life
Claims for compensation for damage caused to health
132. The rights of a creditor under an obligation are transferred to another person on the basis of the law and the occurrence of the circumstances specified therein (choose 4 correct answers):
As a result of universal succession in creditor rights
When the insurer subrogates the creditor's rights to the debtor responsible for the occurrence of the insured event
By a court decision to transfer the rights of a creditor to another person, when the possibility of such a transfer is provided for by law
Due to the fulfillment of the debtor’s obligation by his guarantor or pledgor who is not a debtor under this obligation
133. A creditor who assigns a claim to another person is obliged to (choose 3 correct answers):
Transfer documents certifying the right of claim to the new creditor
Provide the new creditor with information relevant to the fulfillment of the claim
Make sure that the debtor has consent to transfer the rights of the creditor to another person, if the identity of the creditor is of significant importance for the debtor
134. A change of persons in an obligation includes...
Assignment of the right of claim
Debt transfer
135. The subjects of legal relations regarding the assignment of the right of claim are called...
Assignee
136. A specialized organization that carries out, as a business activity, the acceptance from citizens of movable property intended for personal consumption as collateral for short-term loans, which has a license for this purpose, is called:
Pawnshop
137. An agreement between the parties to replace the original obligation that existed between them with another obligation between the same persons, providing for a different subject or method of execution, is called:
Innovative
138. Expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property, as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated , collectively called:
Loss
139. An obligation in which the debtor is obliged to transfer one or another property to the creditor or to perform one of two or more actions of his choice is called:
Alternative
140. The fulfillment of an obligation by one of the parties, which, in accordance with the contract, is conditioned by the fulfillment of its obligations by the other party, is called:
Counter
141. The creditor who assigns the right is called...
Assignor
142. The person acquiring the right of claim (new creditor) is called...
Assignee
145. Replacing a debtor in an obligation with the consent of the creditor is called...
Transfer of debt
1)if in an obligation there is a plurality of persons on the debtor’s side, then it is called
Passive
2) Depending on the basis for the occurrence of obligations, they are divided into
Contractual and non-contractual obligations
3) The following methods of ensuring the fulfillment of obligations are accessory (additional):
Guarantee.
Penalty
4) Failure to comply with the rules on the form of the contract entails
Its invalidity (insignificance)
5) if the preliminary agreement does not specify the exact period for concluding the main agreement, then the main agreement must be concluded within
Within a year from the date of conclusion of the preliminary agreement.
7) The creditor who assigns his right is called
Assignor
8) the person acquiring the right to claim the new creditor is called
Assignee
9) replacing a debtor in an obligation with the consent of the creditor is called
Transfer of debt
10) the consequence of failure to fulfill an obligation secured by a deposit through the fault of the party that received the deposit is
The party receiving the deposit must pay the other party double the amount of the deposit.
11) if the compensation contract does not indicate its price and it cannot be determined based on the terms of this contract, then
Paid at the price that, under comparable circumstances, would normally be charged for similar goods, works or services
14) the law of obligations in the objective sense is
Sub-branch of civil law
15) The debtor who is late in execution is liable to the creditor
For losses caused by delay, and for the consequences of impossibility of performance that accidentally occurred during the delay.
16) an agreement, the terms of which are determined by one of the parties in forms or other standard forms and could be accepted by the other party only by acceding to the proposed agreement as a whole
Agreement of accession
17) the rights of the creditor under the obligation are transferred to another person on the basis of law and the onset of the obligations specified therein:
As a result of universal succession in creditor rights
By a court decision to transfer the rights of a creditor to another person, when the possibility of such a transfer is provided for by law;
Due to the fulfillment of the debtor’s obligation by his guarantor or pledgor who is not a debtor under this obligation;
When the insurer subrogates the creditor's rights to the debtor responsible for the occurrence of the insured event;
18) with solidarity of demand
Any of the joint creditors has the right to file a claim against the debtor in full.
19) from what moment the contract is considered terminated
The Agreement terminates on the date specified in the notification, but not earlier than 5 (five) business days after receipt of the notification by the other Party."
20) subject of the mortgage agreement
Marine vessel, apartment, unfinished construction projects, land plot, enterprise
21) the debtor has the right to deposit the money or securities due from him into a notary deposit, and in cases established by law, into a court deposit, if the obligation cannot be fulfilled by the debtor due to:
a) the absence of the creditor or the person authorized by him to accept performance in the place where the obligation must be fulfilled;
b) the incapacity of the creditor and the absence of his representative;
c) an obvious lack of certainty as to who is the creditor of the obligation, in particular in connection with a dispute on this issue between the creditor and other persons;
d) the creditor’s evasion from accepting performance or other delay on his part.
21) The subjects of legal relations regarding the assignment of the right of claim are called...
Assignee
22) Obligations with multiple persons may be...
Equity
In solidarity
Subsidiary
23) essential terms of the contract are the terms
These are conditions that are named in the law or other legal acts as essential or necessary for contracts of this type of contract.
24) the method of acceptance through which an agreement for the purchase of drinks from a coffee machine is concluded is called this
Conclusive actions
25) the person who sent the proposal to conclude a contract is called
26) by the will of its participants, the obligation always terminates
When novation
27) the impossibility of fulfilling an obligation is the basis for its termination, if
It is caused by a circumstance for which neither party is responsible
28) an agreement that is mandatory for a commercial organization to conclude due to the nature of its activities with everyone who applies to it is called
Public
29) As a general rule, a guarantee agreement is
Free, consensual
30) The assignment of the right of claim under an order security is carried out by making an endorsement on this security, which is called ...
By endorsement
31) subject of the mortgage agreement
Remains with the pledgor
32) An obligation in which the debtor is obliged to transfer one or another property to the creditor or perform one of two or more actions of his choice is called:
Alternative
1. Unless otherwise provided by law or agreement, in the event of non-fulfillment or improper fulfillment of an obligation, the debtor is obliged to:
Compensate the creditor for losses
2. The subjects of legal relations regarding the assignment of the right of claim are called:
Assignee
3. A significant breach of the contract is grounds for termination of the contract in court:
In cases provided for by law and other legal acts governing the relations of the parties under the relevant agreement
They are issued by the Central Bank and the Ministry of Finance with the aim of regulating the money supply, correcting the level of inflation, redirecting cash flows between economic sectors, and covering the budget deficit.
Kinds
Classification of government securities is carried out according to the following criteria:
- presence of personification. Documents can be registered or bearer;
- way of handling. Marketable securities are placed on. Non-marketable ones do not go into free circulation and after placement can only be purchased by the issuer;
- circulation period. Short-term debt obligations are issued for a period of up to a year, medium-term ones allow you to use borrowed funds for up to 10 years, and long-term ones - for 10-15 years;
- release goals.
Government securities are issued to satisfy the following purposes:
- Debt obligations to cover the state budget deficit. Such loans are medium- and long-term in nature.
- Short-term borrowing securities to compensate for a temporary shortfall in funds, called a cash gap. The imbalance arises due to uneven tax revenues. The situation with temporary deficit is typical at the end of each quarter and annual reporting period.
- Targeted bonds for the implementation of specific projects. A popular area for raising borrowed funds is the construction of highways, railways, airports and other infrastructure facilities.
- Securities for compensation of state debts. A common form is treasury bonds, which in 1994-1998. The government of the Russian Federation used it to pay off debts to enterprises that performed state work. orders.
Features of turnover
On the foreign market, government securities are sold through stock exchanges, and domestically through auctions and networks of accredited banks. Buyers of debt obligations can be governments of other countries, as well as legal entities and individuals:
- investment and pension funds;
- Insurance companies;
- banks;
- investors;
- ordinary citizens.
The list of persons allowed to purchase and sell government debt obligations is determined by the type of security and its personification.
The turnover of government securities ensures the transfer of capital with minimal costs for the issuer and maximum profit for the buyer, therefore they are not only a tool for regulating the money supply, but also an attractive asset for short- and medium-term investments.