1. Acts civil law are not retroactive and apply to relations that have arisen after their entry into force.

The operation of the law extends to relations that arose before its entry into force, only in cases where this is expressly provided for by law.

2. For relations that arose before the entry into force of an act of civil legislation, it applies to the rights and obligations that arose after its entry into force. The relations of the parties under an agreement concluded before the entry into force of an act of civil legislation are regulated in accordance with Article 422 of this Code.

Commentary on Article 4

1. The commented article establishes two normative provisions concerning the effect of civil legislation in time. One applies to newly emerging legal relations, the other to legal relations that continue after the introduction of the new law.

2. As a general rule new law applies only to relations that arose after its entry into force, and, accordingly, has no retroactive effect.

According to the Federal Law of June 14, 1994 N 5-FZ "On the Procedure for the Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly" (as amended on October 22, 1999)<1>federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly shall enter into force simultaneously throughout the territory of the Russian Federation after 10 days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. The day of their official publication is the first publication of their full text in "Rossiyskaya Gazeta" or Collection of Legislation of the Russian Federation.

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<1>SZ RF. 1994. N 8. Art. 801; 1999. N 43. Art. 5124.

3. As an exception, the operation of the law may also apply to relations that arose before its entry into force, but only when it is expressly provided for by law. There are two options for extending the new law to relations that arose before its entry into force: full and partial.

In the first case, the operation of the law fully extends to relations that, prior to its entry into force, were regulated by other legislation. As an example, you can refer to paragraph 2 of Art. 6 of the Introductory Law, dedicated commercial organizations. This option and is meant in par. 2 p. 1 of the commented article.

The second case, connected with the partial application of the law to relations that arose before its entry into force, is provided for in paragraph 2 of the commented article. It concerns the application of the new law to the rights and obligations arising after its entry into force. The rights and obligations that arose prior to the entry into force of the new law, including those that for some reason were not exercised (not performed) at the time of the entry into force of the new law, shall be subject to the previous legislation.

This rule does not apply to the relations of the parties under an agreement concluded before the entry into force of the new law (see Article 422 of the Civil Code).

Sources civil law. The effect of civil legislation in time, space and circle of persons

1) the constitution of the Russian Federation of 1993. It fixes the main provisions, including those on civil law (articles 8, 35,36 fix civil law regulation of property, articles 20-25 are devoted to personal non-property relations);

2) federal constitutional laws;

3) the civil code of the Russian Federation. It regulates property and related personal non-property relations and is the basis for future lawmaking in this area;

4) federal laws (FZ "On joint-stock companies", FZ "On insolvency (bankruptcy)");

5) decrees and orders of the President of the Russian Federation. They should not contradict the Civil Code and laws;

6) resolutions and orders of the Government of the Russian Federation. Should not contradict the Civil Code, laws and decrees of the President. Contradictory acts are not applied (clause 5, article 3 of the Civil Code of the Russian Federation);

7) acts of ministries, departments and other federal bodies executive power. These bodies may issue acts containing civil law norms in cases and within the limits provided for by the Civil Code, other laws and other legal acts (clause 7, article 3 of the Civil Code of the Russian Federation). Thus, the scope of their rule-making activity is limited; 8) acts former USSR(if they are not canceled and do not contradict the legislation of the Russian Federation).

Auxiliary sources of civil law are business practices and resolutions of the plenum of the Supreme Court of the Russian Federation on various cases, although there are disputes regarding the latter in science. business practices- rules of conduct that have developed and are widely used in a certain area of ​​business, and do not contradict general principles civil law. They may not be enshrined in law. The order of relations between individual entrepreneurs, which is expedient, but does not meet the general rules of custom, cannot be considered custom.

Such customs of business turnover that contradict the provisions of the legislation or the contract binding on the participants in the relevant relationship shall not be applied.

Under action of civil law in time is understood as the definition of the initial and final moment of the operation of a legal act regulating civil relations.

Civil law regulations, being federal, come into force simultaneously throughout Russian territory. At the same time, as a general rule, they do not have retroactive effect and apply only to those relations that arose after the act was put into effect (clause 1, article 4 of the Civil Code).

Giving retroactive effect to the law can be only in cases expressly provided for in the law.

As a general rule, acts of civil law do not have retroactive effect and apply to relations that have arisen after their entry into force. Giving retroactive effect is permissible only in cases expressly provided for by law.

There are dates for the adoption of an act of civil legislation, publication and entry into force. Thus, the date of adoption of a federal law is the day of its adoption. State Duma in the final edition. Federal constitutional laws and federal laws are subject to official publication in official sources (" Russian newspaper” or “Collection of Legislation of the Russian Federation”) within 7 days after their signing by the President of the Russian Federation. These laws must enter into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of official publication, unless the laws themselves establish a different procedure for their entry into force.

Subordinate legal acts (decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation) are also subject to official publication (in the same printed publications) within 10 days after their signing. They come into force within 7 days after the day of the first official publication or from the date of signing. Both decrees and resolutions may provide for a different procedure for their entry into force.

The effect of civil law in space means that, as a general rule, civil law acts extend their effect to the territory of the Russian Federation. However, the body that issued such an act may limit the territory of its operation. In addition, the legislation of one country can be applied on the territory of another (if there is a corresponding provision in the contract).

Limitation of the territory of action is allowed only in cases when it is necessary to ensure safety, protect the life and health of people, protect nature and cultural values ​​(Article 1 of the Civil Code).

Rule about the effect of civil law on the circle of persons is that acts of civil law apply to all persons located in the territory within which civil law is in force. However, the legal act itself may directly or indirectly establish a circle of persons who are not covered by this legal act(Article 1 of the Civil Code of the Russian Federation).

Underaction of civil law in time is understood as the definition of the initial and final moment of the operation of a legal act regulating civil relations.

Civil law regulations, being federal come into force simultaneously throughout the Russian territory. At the same time, as a general rule, they do not have retroactive effect and apply only to those relations that arose after the act was put into effect (clause 1, article 4 of the Civil Code).

Giving retroactive effect to the law can be only in cases expressly provided for in the law.

As a general rule, acts of civil legislation do not have retroactive effect and apply to relations that have arisen after their entry into force. Giving retroactive effect is permissible only in cases expressly provided for by law.

Distinguish between the dates of the adoption of the act civil legislation, publication and entry into force. Thus, the date of adoption of a federal law is the day of its adoption by the State Duma in the final version. Federal constitutional laws and federal laws are subject to official publication in official sources (“Rossiyskaya Gazeta” or “Collected Legislation of the Russian Federation”) within 7 days after they are signed by the President of the Russian Federation. These laws must enter into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of official publication, unless the laws themselves establish a different procedure for their entry into force.

By-laws(decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation) are also subject to official publication (in the same printed publications) within 10 days after their signing. They come into force within 7 days after the day of the first official publication or from the date of signing. Both decrees and resolutions may provide for a different procedure for their entry into force.

Operation of civil law in space means that, as a general rule, civil law acts extend their effect to the territory of the Russian Federation. However, the body that issued such an act may limit the territory of its operation. In addition, the legislation of one country can be applied on the territory of another (if there is a corresponding provision in the contract).

Territory limitation actions are allowed only in cases when it is necessary to ensure safety, protect the life and health of people, protect nature and cultural values ​​(Article 1 of the Civil Code).

Rule aboutcivil law around the circle is that acts of civil law apply to all persons located in the territory within which civil law is in force. However, the legal act itself may directly or indirectly establish a circle of persons to whom this legal act does not apply (Article 1 of the Civil Code of the Russian Federation).

Types of sources of civil law.

Constitution of the Russian Federation- the law of direct action. Creates the basis for the occupation of citizens entrepreneurial activity. These are the most important guarantees provided by the state to citizens.

The Constitution of the Russian Federation proclaims the equality of forms of ownership (Article 8), freedom of competition; states that everyone has the right to free use of their abilities and property for entrepreneurial and other purposes not prohibited by law economic activity(Article 34).

In accordance with Art. 71 of the Constitution of the Russian Federation are established legal framework single market (financial, currency and credit regulation, money issue), a combination of freedom of economic activity with state regulation.

The rights that cannot be limited by anyone are listed: the right to property, information, judicial protection.

Civil Code of the Russian Federation- the main codified normative act regulating civil legal relations. Basically, all other acts of civil legislation are guided by the provisions formulated in the Code, and those rules that contradict it are not subject to application.

Other federal laws of the Russian Federation- laws regulating civil law relations specified in paragraphs 1, 2 of Art. 2 of the Civil Code of the Russian Federation (clause 2, article 3 of the Civil Code of the Russian Federation):

By-laws containing civil law norms: decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulations of other federal executive bodies (acts of ministries and departments) (clauses 3,4, 7, article 3 of the Civil Code of the Russian Federation);

normative acts of the USSR and the RSFSR adopted prior to their entry into force Civil Code Russian Federation (for example, Article 4 of the Law of the Russian Federation of October 1994 “On the Enactment of Part One of the Civil Code of the Russian Federation” and Article 4 of the Law of the Russian Federation of December 1996 “On the Entry into Force of the Second Part of the Civil Code of the Russian Federation”) ;

generally accepted principles and norms international law and international treaties of the Russian Federation (Article 7 of the Civil Code of the Russian Federation) are integral part legal system RF. If an international treaty establishes rules other than those provided for by civil law, the rules international treaty;

business practices (Article 5 of the Civil Code of the Russian Federation).

In the existing civil literature, they are usually not called sources of civil law, but are widely used in law enforcement practice:

Resolutions of the plenums of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, which are acts clarifying the issues of the application of law in the manner of interpreting legislation, and are binding on the entire system of the relevant courts;

norms of morality and morality, which are important for understanding the meaning of civil legislation and correct application embodied in it legal regulations(in order to recognize a transaction as made with a purpose “knowingly contrary to the foundations of law and order and morality”, it is necessary to know what rules form the basis of morality in society);

judicial practice, i.e. multiple uniformity of decisions by courts of the same category of cases, which also contribute to the development of a common understanding and application of civil law by the judiciary, but may not be taken into account in a decision on a particular case;

local acts legal entities(charters, regulations, etc., i.e. corporate norms).

The effect of civil law in time

Civil law normative acts, being federal, come into force simultaneously on the entire Russian territory. At the same time, as a general rule, they do not have retroactive effect and apply only to those relations that arose after the act was put into effect (clause 1, article 4 of the Civil Code).

This position, traditional for any developed legal order, knows, however, a number of necessary exceptions. First of all, myself civil law may provide for the extension of its action to relations that arose before its entry into force. Thus, the Law on the Enactment of Part Two of the Civil Code (Article 12) extended the effect of new rules on compensation for harm caused to the life and health of a citizen (including increasing the amount of compensation) to cases of causing such harm that occurred three years before entry into force. the force of the relevant rules of the Code (if the specified harm remained uncompensated).

The same Law (Article 11) extended the effect of the new rules on the protection of the rights and interests of depositors to relations related to attracting Money in deposits that also arose before the adoption of the second part of the Civil Code (and remained at the time of its entry into force).

One can hardly, however, unreservedly agree with the spread this provision to the effect of by-laws. It seems that these latter, in principle, should not contain instructions for giving them retroactive effect, unless such a possibility is based on a direct indication of the law.

Another situation is related to the continuing nature of many civil legal relations. If, for example, the law changed the duration of the limitation period on some demand that arose before its entry into force, but brought to the court after that moment, then which period - the old one or the new one - should apply in this case (of course, in the absence of special directives statutory provisions in this regard)? In accordance with general rule paragraph 2 of Art. 4 of the Civil Code, the new law also applies to the rights and obligations that arose, although after its entry into force, but on the basis of legal relations that existed before that moment. Consequently, a claim brought to court after the entry into force of the new law is subject to new statute of limitations, although it is based on a previously established legal relationship.

Special rules are provided for contracts concluded before the entry into force of the new law (establishing mandatory, mandatory provisions in this regard), but executed after that moment. In order to ensure accurate, proper fulfillment of the obligations assumed by the parties to the contract, reflecting the most important principle of contract law, the law here remains in force behind the terms of the previously concluded contract (clause 2, article 4 and clause 2, article 422 of the Civil Code), despite their contrary to the new imperative rules. Thus, in essence, the effect of the old, previously in force legislation, on which the terms of the concluded contracts were based, is extended, as it were.

Of course, the new law may directly provide for the extension of its action to relations arising from previously concluded agreements. For example, the Law on the Enactment of Part Two of the Civil Code of the Russian Federation in Part 1 of Art. 8 extended the rules of the Code on the grounds, consequences and procedure for terminating contracts certain types for all existing contracts, regardless of the date of their conclusion. In this case, the general rule of paragraph 2 of Art. 422 of the Civil Code does not apply.