Citizen m lost his purse with money therefore. Who has the right to inherit property after the death of its owner. Features of inheritance by will

"Medical Law", 2008, N 4

In science civil law issues related to the protection of personal non-property rights (including the right to medical secrecy) of deceased citizens by heirs and other interested parties have not been properly reflected.

One of the reasons for this is the degree of underdevelopment of the legislation regulating personal non-property relations, moreover, in which, with the adoption of the first part of the Civil Code Russian Federation dated November 30, 1994 N 51-FZ<*>contradictions appeared, caused mainly by the exclusion by the legislator from the subject of civil law regulation of personal non-property relations that are not related to property relations. The contradictions escalated with the adoption of part three of the Civil Code of the Russian Federation of November 26, 2001.<**>, par. 3 art. 1112 which excludes personal non-property rights and other intangible benefits from the composition of the inheritance.

<*>Collection of legislation of the Russian Federation. 1994. N 32. Art. 3301.
<**>Collection of legislation of the Russian Federation. 2001. N 49. Art. 4552.

Paragraph 1 of Art. 150 of the Civil Code of the Russian Federation establishes that in cases and in the manner prescribed by law, personal non-property rights and other intangible benefits that belonged to a deceased citizen may be exercised and protected by other persons, including the heirs of the right holder. In accordance with Part 2, Clause 1, Art. 152 of the Civil Code of the Russian Federation, at the request of interested parties, it is allowed to protect the honor and dignity of a citizen even after his death. These norms provided the legislator with the opportunity to adopt laws aimed at protecting the personal non-property rights of the deceased. However, an analysis of the current legislation regulating personal non-property relations makes it possible to establish that no relevant laws providing for the procedure for protecting the personal non-property rights of citizens after their death have been issued.

The personal non-property rights of a citizen, which, by virtue of their nature, need to be protected after his death (for honor, dignity, business reputation, personal, medical secrets, etc.), without an appropriate mechanism for their protection, can be violated and violated. The absence of appropriate legislation and, as a result, the violation of the honor, dignity, business reputation of deceased citizens, the disclosure of their secrets does not honor the survivors and, moreover, makes the society flawed, since it indicates a decrease in its moral level.

In this regard, the question cannot but arise: who in this case, in accordance with Part 1 of Art. 150 of the Civil Code of the Russian Federation protects personal non-property rights and other intangible benefits of a deceased citizen?

In view of the legal ambiguity regarding the protection of the rights of the deceased, the Plenum of the Supreme Court of the Russian Federation issued Resolution No. 3 of February 24, 2005 "On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities" <*>, according to which the protection of the honor and dignity of citizens is allowed even after their death by heirs or relatives (part 2, clause 1, article 152 of the Civil Code of the Russian Federation).

<*>Bulletin of the Supreme Court of the Russian Federation. 2005. N 4.

However, this act touches upon the problems of only certain personal non-property relations.

It is necessary to develop legislation that provides for the protection of a wide range of significant personal non-property rights, including medical confidentiality, of deceased citizens.

A certain part of scientists adheres to a position that provides for the possibility of direct or indirect exercise and (or) protection of personal non-property rights by heirs and other persons<*>. The most consistent is the position of M.N. Maleina<**>. This opinion is of a certain scientific interest, since it is expressed in the form of a motivated and reasoned position that has not been refuted.

<*>See, for example: Gavrilov V.O. Commentary on Section V, Part III of the Civil Code of the Russian Federation "Inheritance Law". St. Petersburg: Piter, 2003, p. 18; Eliseev I.V. etc. Commentary on the Civil Code of the Russian Federation. Part Three (item-by-article) / Ed. A.P. Sergeev, Yu.K. Tolstoy. Moscow: TK Velby; Prospect, 2005, pp. 10-13; Grishaev S.P. Inheritance law: Proc. allowance. M.: Yurist, 2003. S. 13.
<**>See, for example: Maleina M.N. Protection of the personal non-property rights of Soviet citizens. M.: Knowledge, 1991. S. 81; Maleina M.N. Man and medicine in modern law: Proc. and pract. allowance. M.: BEK, 1995. S. 65-66; Maleina M.N. Personal non-property rights of citizens: concept, implementation, protection. 2nd ed., rev. and additional M.: MZ-Press, 2001. S. 156-157.

In the structure of personal non-property rights and obligations of a citizen, there are a number of rights and obligations that are so closely related to his personality that their transfer by inheritance is not possible. These are: the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as other rights and obligations provided for by federal laws and the Civil Code of the Russian Federation.

It is allowed to transfer after the death of a citizen (with restrictions determined by federal law) to the heirs of a number of rights. These include rights to the results of intellectual activity - personal non-property rights associated with property rights.

At the same time, there are a number of rights that, by their nature, should be protected after the death of a citizen by his heirs - personal non-property rights that are not related to property rights (to personal secrets, medical secrets, honor, dignity, business reputation, etc. ).

Directly resolving the issue of recognizing the possibility of exercising and protecting the right to medical secrets of a deceased citizen (with the restrictions established by law) depends entirely on the will of the legislator, and without issuing relevant legislative acts, protection of this right is impossible.

With the adoption of Art. 1112 of the Civil Code of the Russian Federation, the circle of personal non-property relations regulated by civil law, related to the exercise and protection of the personal non-property rights of a deceased citizen at the level of the Civil Code of the Russian Federation, has significantly narrowed.

Yu.K. Tolstoy spoke out against narrowing the circle of personal non-property rights that pass by inheritance: “The circle of personal non-property rights that pass by inheritance is outlined in the legislation rather sparingly. more broadly, not to mention the fact that a number of rights that are classified as property rights can be included in the category of personal non-property"<*>.

<*>Civil Law: Textbook. 3rd ed., revised. and additional / Ed. A.P. Sergeev, Yu.K. Tolstoy. M., 2001. T. 3. S. 535.

With a gradual increase in the volume of personal non-property relations involved in the sphere of civil law regulation, the protection of personal non-property rights, including the right to the medical secret of a deceased citizen by heirs and relatives, could become a natural continuation of this process.

We have to state with regret that with the exclusion of personal non-property rights and other non-material benefits from the inheritance, the legislator ignored the fundamental scientific research on personal non-property relations, which are integral part subject of civil law.

The elimination of personal non-property rights from the inheritance entails the elimination of other elements of the existing legal relationship and, due to the impossibility of its existence, does not allow protecting (in some cases, exercising) the indicated rights and benefits of the deceased. It is not clear how heirs will be able to exercise and protect the rights of the deceased without including them in the inheritance. To protect a personal non-property right, it is necessary to first recognize it as an object of civil law protection, in particular, to include it in the composition of the inheritance, which is subject to the relevant civil law regime, including the regime for the protection of rights. Protection of personal non-property rights of the testator outside the sub-branch of civil law - inheritance law seems unrealistic.

The Civil Code of the Russian Federation, as the most important law, cannot and should not be subject to frequent changes. However, the vulnerability of the content of Art. 1112 of the Civil Code of the Russian Federation seems obvious. It is proposed to amend Art. 1112 of the Civil Code of the Russian Federation, setting out its paragraph 3 in the following edition:

"Personal non-property rights and intangible benefits are part of the inheritance on the terms and in the manner determined by federal laws."

The following rationale is presented for the need to protect the right of a citizen to medical secrets after his death. Disclosure of a medical secret by any obligated person (not necessarily a medical worker) may affect the property and personal non-property rights of the relatives (heirs) of a deceased citizen, other persons, since a certain part of society may change their attitude towards them in a negative direction. After the death of a citizen, they bear the burden of fulfilling his property and personal non-property obligations that arose during his lifetime, as well as the burden of conflicts that may arise due to the fact that the deceased had a disease that can cause hostility, fear, contempt. Some relatives, due to the disclosure of the diagnosis of the deceased, may subsequently have problems with creating a family. For example If this disease is hereditary, the negative attitude of society towards the surviving relatives of a citizen may increase due to the risk of their reproduction of offspring, aggravated by the hereditary factor.

Similarly, the relatives of the deceased may have problems with employment, admission to study, election to an elective or appointment to a leadership position, etc., for example, due to the fact that the deceased citizen suffered from hereditary, infectious, dermatovenereological, and other diseases, perceived by society is not always adequate.

Once released, information containing a citizen's medical secret can be available to a wide range of people for years, decades, sometimes centuries. An example of this is information that constitutes a medical secret of family members of the royal dynasty, famous political figures, artists, artists, writers, etc.

Disclosure of the medical secret of the deceased creates a threat of violation of the property and personal non-property rights of his relatives to long time, in connection with which they are directly interested in maintaining his medical secrets. In principle, the entire mechanism of legal regulation and protection of a citizen's medical secret is of a preventive nature, its main goal is not so much to restore the violated right to medical secret (this right in most cases cannot be restored), but to prevent its disclosure.

The solution to this problem could be the adoption of a federal law providing for the empowerment of heirs or other persons with the right to protect honor and dignity, business reputation, medical, personal, family, etc. secrets.

Before acceptance federal law"On Health Care", the solution to the problem of civil law protection of a citizen's medical secret after his death could be the introduction of amendments to Art. 61 of the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens in the form of an addition to its part 6:

"In the event of the death of a citizen, the protection of his right to medical secrets is carried out by his heirs who are called to inherit for life. In the absence of heirs, or if they refuse to inherit, or if they miss the deadline for entering into inheritance rights, this right is terminated."

Syktyvkar State

university

Solve problems. 1. After the death of citizen Y., his heir, being an invalid, refused to return the notarized debt to citizen K., because. the amount of the debt far exceeded the inheritance received by him. Citizen K. sued. 2. Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserve detained the young people. 3. Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4. Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars. 5. Grandfather gave his granddaughter shares in connection with her marriage construction company. 6. A hurricane tore the roof off the insured house of citizen N. He applied to the insurance company for compensation. Offenses and Legal Liability Remember Why is it important to obey the law? Is it possible to consider ignorance of the law as an excuse for a wrongful act? Consider: Are there antisocial phenomena? When is inaction no better than dangerous action? Is it far from a misdemeanor to a crime? Offense and its signs If a person does not violate the rule of law, respects the laws, confidently uses his rights, fulfills his duties, his behavior is called lawful. A crime is a violation of the rule of law. An offense is an unlawful behavior (act) of a citizen or official who abuses power, official position, etc. Wrongfulness is one of the main signs of an offense. Offense and its signs act action Active behavior inaction Passive behavior Feelings, thoughts cannot be an offense. A crime is always an act. Offense and its signs Offense is always associated with antisocial behavior, causing harm to people. Harm can be moral (insult, slander, threats) and physical (beating, mutilation). The hallmark of a crime is harm. Offense and its signs Another important sign is the presence of guilt. Guilt is understood as the mental attitude of a person to his act and its consequences. To establish guilt, it is necessary to answer the following questions: What were the goals, intentions that guided the person who committed the crime? Offense and its signs 2 forms of guilt negligence intent So, an offense is a guilty antisocial wrongful act. Intention entails more severe liability. Task: On the escalator in the subway, people stand on the right and pass on the left. Zh. automatically, without thinking, put a heavy bag next to him and thereby closed (narrowed) the passage. Passenger K., who was passing by quickly, did not notice the bag, stumbled and rolled down, hitting other passengers. There is wine. But was it evil intent AND.? Does this rule out his liability? Types of offenses 2 types of offenses crime misdemeanor Art. 14 of the Criminal Code of the Russian Federation: a crime is a guilty socially dangerous act, prohibited by the Criminal Code of the Russian Federation under threat of punishment. A misdemeanor differs from a crime by a lesser degree of public danger. Crime Criminal liability comes from the age of 16, and for a number of crimes from 14. Non-criminal liability is provided for a misdemeanor: a warning, a fine, compensation for damage caused, corrective labor. Criminal liability for 14-year-olds Murder Intentional bodily harm Kidnapping Theft Hostage-taking Robbery Theft, extortion of weapons Disabling vehicles or means of communication Car theft False report of an act of terrorism Rape Extortion Hooliganism under aggravated circumstances Theft or extortion of drugs Deliberate destruction of property Legal liability Application of state measures coercion. This is responsibility before the law, before the court. It is expressed in the fact that measures of state influence are applied to a person whose guilt has been proven. Types of legal responsibility Administrative Disciplinary and material Civil Presumption of innocence - the principle according to which each accused is assumed to be innocent until his guilt is proved by the court.

1. After the death of citizen Y., his heir, being an invalid, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. sued. 2. Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserve detained the young people.

3. Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4. Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars. 5. Grandfather gave his granddaughter shares of a construction company in connection with her marriage. 6. A hurricane tore the roof off the insured house of citizen N. He applied to the insurance company for compensation.

Offense and its signs If a person does not violate the rule of law, respects the laws, confidently uses his rights, fulfills his duties, his behavior is called lawful. A crime is a violation of the rule of law. An offense is an unlawful behavior (act) of a citizen or official who abuses power, official position, etc. Illegality is one of the main signs of an offense.

Offense and its signs act action Active behavior inaction Passive behavior Feelings, thoughts cannot be an offense. A crime is always an act.

Offense and its signs Offense is always associated with antisocial behavior, causing harm to people. Harm can be moral and physical. The hallmark of a crime is harm.

Offense and its signs Another important sign is the presence of guilt. Guilt is understood as the mental attitude of a person to his act and its consequences. To establish guilt, it is necessary to answer the following questions: What were the goals, intentions that guided the person who committed the crime?

Task: On the escalator in the subway, people stand on the right and pass on the left. Citizen A. automatically, without thinking, put a heavy bag next to him and thus closed the passage. Passenger K., who was passing by quickly, did not notice the bag, stumbled and rolled down, hitting other passengers. There is wine. But was citizen A.'s malicious intent? Does this rule out his liability?

Types of offenses crime misdemeanor Art. 14 of the Criminal Code of the Russian Federation: a crime is a guilty socially dangerous act, prohibited by the Criminal Code of the Russian Federation under threat of punishment. A misdemeanor differs from a crime by a lesser degree of public danger.

Crime Criminal liability comes from the age of 16, and for a number of crimes from 14. Non-criminal liability is provided for a misdemeanor: a warning, a fine, compensation for damage caused, corrective labor.

Legal responsibility This is the use of government coercion; responsibility before the law, before the court. It is expressed in the fact that measures of state influence are applied to a person whose guilt has been proven.

Types of legal liability criminal administrative disciplinary imprisonment, confiscation of property ... warning, fine, confiscation, deprivation of special rights civil material dismissal, full compensation reprimand, compensation for damage warning, damages compensation for damage

The right to inherit property after the death of a citizen belongs to his heirs. However, the presence or absence of a executed and notarized will can make changes to the list of persons who should receive an inheritance, as well as deprive some citizens of the inheritance property that was due to them by law (for example, after the death of a spouse).

Who has the right to inherit?

The procedure for obtaining an inheritance is strictly regulated by law. There are two cases when the right of inheritance arises after the death of the testator - by will and by law.

Depending on the presence or absence of a will executed in accordance with legal regulations depends on who is able to claim the property. In fact, the right to inheritance arises from the persons specified in the content of the will, or from legal heirs.

Features of inheritance by will

If there is a will, the legal successors of the testator may be those citizens who are indicated in the text of the document. They are not only relatives and persons dependent on the deceased testator during his lifetime, but also any other third parties, if they are listed in the order.

In order for a will to be recognized as valid, it is important to take into account certain nuances:

• the document must be certified by a notary;
• the testator must be legally capable and aware of his actions at the time of the conclusion of the order (171, 176–178 articles of the Civil Code of the Russian Federation);
• amendments to the document can be made any number of times.

A will may concern the entire property of a citizen or only some of it (in the second case, the rest of the property is subject to division among the direct heirs in the order of legal precedence).

In addition, the order may indicate the procedure for the redistribution of property (in whole or in shares), otherwise the division occurs in the same parts between all persons whose names are listed in the document.

Features of inheritance by law

In the absence of a executed will, the legislation of the Russian Federation provides for a special procedure for entering into inheritance by law. After the death of a citizen, the heirs have the right to his property (Article 1141 of the Civil Code of the Russian Federation).

To, which is able to claim part of the property after the death of a father or other family member, directly include his children (adopted and relatives), both parents and spouse.

If there are no representatives of the first priority, then the right to inherit by law passes to the next queue (the process is repeated until the testator's property is accepted).

The right to inheritance in the absence of a will is assigned to 8 lines of successors:

• as stated above, the first includes the parents, children and husband / wife of the testator (after the death of the spouse);
• which include the closest relatives of grandfathers, sisters, grandmothers and brothers of the testator;
• when moving to the third - aunts and uncles of the deceased citizen;
• the fourth calls for great-grandmothers and great-grandfathers;
• all available great-aunts (grandfathers) and grandchildren (granddaughters) belong to the fifth;
• great-aunts and uncles, nieces and nephews, great-grandchildren - already by the sixth;
• the seventh includes people who are not closely related to the citizen, that is, the stepmother or stepfather of the testator, his stepsons and stepdaughters;
• persons who are dependents of the deceased citizen belong to the eighth priority, if the testator has no other relatives left.

Also, do not forget about the possibility of obtaining hereditary property. In this case, the inheritance by law passes to the descendants of the heir, who was supposed to acquire the property of the testator, for example, after the death of the father. However, for the category of persons specified in Articles 1142–1144 of the Civil Code of the Russian Federation to inherit, certain nuances must be observed, namely:

• the right to grant can only be exercised after the death
• heir (for example, after the death of the mother of the assignee, who is the aunt of the testator);
• descendants are able to claim that part of the property that was supposed to go to the deceased heir.

Registration of the inheritance

The right to inheritance arises in. In order to accept the inheritance property, the successor is recommended to send the following papers to the notary's office within six months:

• certificate of death of the testator;
• identity card of the successor;
• documents proving the existence of family ties with the testator (provided that there is inheritance by law);
• documents on the property of the deceased citizen;
• a certificate from the passport office containing information about the last address of the testator's residence and information about other heirs.

If the deadlines for submitting an application and other documentation to the notary's office are missed for good reasons, the interested person is able to apply to the judicial authority with a claim for the restoration of the deadlines and registration of the inheritance.

Successors who have received property on the basis of common ownership may independently agree among themselves on its distribution in equal parts by drawing up an appropriate agreement on the division of the inheritance. When passing to one of the successors of a more expensive type of property, the law obliges to pay commensurate monetary compensation to other successors who have received less valuable property.

Can a testator revoke the right to inherit?

It should be noted that when drawing up a will, a citizen has the right to decide who will receive the inheritance after his death, and who will be deprived of it. This is not prohibited by Russian law, and it will be impossible to challenge the validity of the document if the order is correctly executed and in accordance with the norms of the law.

On the basis of Article 1149 of the Civil Code of the Russian Federation, the following citizens can apply for a mandatory share:

• disabled children after the death of their father or mother (both natural and adopted);
• disabled persons who during the lifetime of the testator were dependent on him (for this, the dependent must receive systematic assistance from the testator for 12 months before his death, and this support must be the main receipt Money disabled citizen);
• children after the death of the mother or second parent, if they have not reached the age of majority;
• recognized disabled parents of the testator or his wife / husband (after the death of the spouse).

Disabled citizens include disabled people of groups I, II and III, women over 55 years of age and men over 60 years of age. Paragraph 32 of the Decree of the Plenum of the Supreme Court of 2012.05.29 No. 9 states that these categories of persons cannot be deprived of the part of the inheritance guaranteed to them by law under any circumstances.

The size of this share is equal to half of the amount that would be intended for the heir on legal grounds, but the guaranteed part may also increase or decrease at the conclusion of the judicial authority. A mandatory share is allocated to a citizen from unwilled property (if any) or from the property that is indicated in the text of the will.

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3. Analyze the situation and determine: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations. 1) After the death of a citizen

Yu., his heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserves detained the young people. 3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars. 5) Grandfather gave his granddaughter shares of a construction company in connection with her marriage. Give arguments confirming that the proposed situations are legal relations.

Analyze the situation and determine: a) the subjects of the legal relationship; b) the object of the legal relationship; c) the content of the legal relationship. 1) after the death of citizen Yu.

the heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 3) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars.

Analyze the situation and determine: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations.

1) After the death of citizen Y., his heir, being an invalid, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. sued.

2) Being on the territory of a nature reserve, two young people decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what they had done, the protection of the reserve detained the young people.

3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine.

4) Citizen V. was in a hurry to get to work and decided to run across the road at a red traffic light, which led to a collision between two cars.

5) Grandfather gave his granddaughter shares of a construction company in connection with her marriage.

Give arguments confirming that the proposed situations are legal relations.