Article 575 of the Civil Code of the Russian Federation with comments

Legislation allows for various transactions with property. One of the options for the alienation of values is giving. At the same time, for fulfillment of any transaction, certain requirements must be met. The transfer of property can be carried out taking into account the restrictions provided for by the standard 575 of the Civil Code of the Russian Federation.

Prohibition of gift

Legislation does not allow for the unrestricted alienation of property:

1. On behalf of minors and persons recognized as incompetent by the court, their representatives.
2. Employees of medical, educational organizations, structures providing social services, institutions for orphans and children left without parental care, citizens staying in them during treatment, upbringing, maintenance, as well as their spouses and relatives.
3. Persons who are on state posts at the federal or regional level who hold municipal positions that are employees of the Central Bank, in connection with the performance of their duties.
4. Within the framework of relations between commercial enterprises.

An exception to these rules is provided for material values, considered as ordinary gifts, the value of which is less than 3 thousand rubles. для служащих и должностных лиц, не распространяются на случаи безвозмездной передачи имущества в связи с протокольными мероприятиями, командировками и прочими аналогичными событиями. In addition, the requirements provided for in part one of the 575 Civil Code of the RF for employees and officials do not apply to cases of gratuitous transfer of property in connection with protocol events, business trips and other similar events. Material values, the value of which is more than 3 thousand rubles, adopted by these persons, are transferred to state ownership. The property must be transferred to the body in which the subject holds his office.

Norm 575 Civil Code: comments

The category "ordinary gift" used in the legislation is characterized, first of all, by its value. From this it follows that under it are not collectible items, luxury goods, other expensive valuables. In addition, "ordinary" provides for the traditionality of the conditions in which the thing is transferred. стоимость ее будет являться доминирующей характеристикой. Usually, this is a generally accepted reaction to an event-the anniversary, the successful end of an event, etc. When deciding on the permissibility of transferring a thing within the limits of the 575 Civil Code, its value will be the dominant characteristic. In this case, even if the item corresponds to other signs of "ordinary", but its price is more than 3 thousand rubles, the subjects defined by law can not accept it. заменяет ранее использовавшийся размер стоимости вещи. It is worth paying attention to the fact that Article 575 of the Civil Code of the Russian Federation replaces the previously used value of the thing. In the old version of the norm it was stated that its price can not be more than 5 times the minimum wage. Currently, the amount is fixed.

Protection of interests of clients

It is foreseen primarily by the Code's 37 norm. In the second paragraph it is established that the guardian can not make transactions related to alienation, including gift, exchange of property of his ward, leasing, pledge, free use, to conclude other contracts that reduce the volume of material values without obtaining consent to do so Authorized bodies. The rule established in Art. необходимо применять с учетом этого предписания. 575 of the Civil Code of the Russian Federation, it is necessary to apply this provision. Accordingly, to transfer something on their own will without obtaining the permission of the guardianship and trusteeship agencies, on behalf of the minor, only his parents can. не допускает безвозмездное отчуждение имущества подопечного, признанного недееспособным, на сумму больше 3 тыс. р., даже если согласие указанной структуры было получено. At the same time, the 575 Civil Code of the Russian Federation does not allow the uncompensated alienation of the property of a trustee deemed incompetent, for more than 3 thousand rubles, even if the consent of the said structure was received.

Restrictions for certain categories of employees

FZ No. 49 specifies the list of organizations whose employees can not accept gifts that do not qualify as "ordinary". In the considered norm of the Code it is a question of workers of social, educational, medical establishments, houses for orphans and children who do not have parental care. The relevant provisions are designed to extend prohibitions to situations in which the subjects do not occupy the positions provided for in paragraph 3. At the same time, an important nuance should be taken into account. Employees of organizations specified in subparagraph 2 may simultaneously act as municipal or state employees. . This, in turn, will entail additional restrictions for them, stipulated by the norm of 575 Civil Code of the Russian Federation .

Rules for Officials

присутствуют неоправданные крайности. According to a number of lawyers, in the interpretation of regulations concerning employees in the norm of 575 of the Civil Code of the Russian Federation there are unjustified extremes. In practice, sometimes rules are considered as allowing to accept values regardless of the background, the main thing is that their cost is not more than 3 thousand. At the same time, proposals are put forward to prohibit any gifts from third parties, including on the occasion of a birthday, a memorable event and Etc. The position of international organizations combating corruption, with which Russia cooperates due to its obligations, is quite specific. They believe that the existence of such a "loophole" in the legislation of the state provokes bribery veiled under the gifts.

"Official events"

In the discussion clarified the provision on "protocol" subjects, the cost of which is more than 3 thousand. The text of the rule states that bans do not apply in situations involving "official events". The corresponding transactions can not be qualified as insignificant, and the actions of the subjects, respectively, as unjustified. In addition, the logical and textual interpretation of the provisions gives grounds to believe that the gifts received within the framework of official events employees can leave at home. Following this approach, one can not but acknowledge the legitimacy of the transfer of ordinary objects by outside subjects (colleagues, acquaintances, etc.) in connection with memorable dates, if the meaning of such actions clearly implies that there is any relationship with the duties of the receiving citizen. In any case, this will be true for things that cost less than 3 thousand rubles.

Relations between commercial legal entities

In paragraph 4 of Art. установлено ограничение на передачу и принятие вещей от одной организации другой. 575 of the Civil Code of the Russian Federation there is a restriction on the transfer and acceptance of things from one organization to another. It seems quite justifiable in market conditions. The fact is that the prescribed prescription helps prevent various financial frauds, abuses within the economic activities of the subjects. At the same time, in practice, it is possible to admit the possibility of gratuitous transfer by entrepreneurs of material values to non-profit structures, some citizens, consumer categories and in the form of gifts, and as preferential terms for payment of works, products, services,

Nuances

Particular attention has recently been paid to the turnover of real rights. The failure to include in clauses reservations about the forfeit of transfer of property in the form of assignment of a claim, acceptance of a debt, forgiveness or discharge from obligations does not in all cases indicate the absence of a counter offer from another participant. Clarity in the situation is introduced by Article 423 of the Civil Code (paragraph 3). Relevant treaties can be qualified as gift transactions only when the presumption of their compensation can be refuted. Not all forgiveness of debt or another form of exemption can be classified as such. The main sign of the donation is the desire of the person to create a property benefit for the recipient, which is not conditioned by counter provision.