Subjects Of Civil Law Research Articles

The method of Veniamin Fedorovich Yakovlev

The article is devoted to the main work of the Soviet and Russian statesman, legal scholar, Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the RSFSR Veniamin Fedorovich Yakovlev. This work is the only monographic study of the method of Civil Law in the Russian literature. The article presents the key positions of V. F. Yakovlev’s research on the method of Civil Law and their perception in the Russian doctrine: the connection with the subject of Civil Law, the disclosure of its main feature – the right of ownership, as well as dispositivity. Another distinctive feature of the civil law method is the legal initiative, which is used by civil law as a driving principle in the formation and development of civil legal relations. It is emphasized that V. F. Yakovlev also paid attention to the consideration of the legal equality of subjects as a feature of Civil Law, described in detail the specifics of coercion, sanctions and responsibility in Civil Law, taking into account the specifics of the method of civil law regulation of public relations.

MECHANISM OF CIVIL-LAW REGULATION OF RELATIONS FOR THE PROVISION OF PAID EDUCATIONAL SERVICES BY HIGHER EDUCATION INSTITUTIONS IN UKRAINE

The paper defines the specifics of the mechanism of civil-law regulation of relations for the provision of paid educational services by higher education institutions in Ukraine. At the same time, civil-law regulation is understood as a special legal influence on the behavior of participants in public relations, that are included in the subject of civil law as a branch of law. Special legal influence on the behavior of participants in relations on the provision of paid educational services by higher education institutions in Ukraine is carried out through a system of certain legal means, among which in the most general form one can distinguish: civil law norms, personalized individual acts of an autonomous nature (including contracts), personalized individual acts of a power nature (acts of application of law). However, the said civil-law influence cannot occur automatically. In this case, a certain mechanism for carrying out civil rights should be used, the functional purpose of which is to ensure the realization of the powers that make up the content of said rights, and the fulfillment of relevant subjective duties. It has been found that in order to characterize the mechanism of civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine, it is important to take into account the systemic and logical interrelations that exist between the norms of civil law enshrined in various normative legal acts. And this is directly confirmed in the current legislation, in particular in Art. 2 of the Law of Ukraine «On Higher Education», which directly states that «the legislation on higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine «On Education», «On Scientific and Scientific-Technical Activities», this Law and other normative legal acts, international treaties of Ukraine concluded in the manner established by law». It has been substantiated that all the norms of law aimed at civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine should not contradict the general principles of civil legislation defined in Art. 3 of the Civil Code of Ukraine, since they are the basic construction that allows civil law to function as a system of norms of law.

Правовой статус публично-правовых субъектов в цивилистическом процессе России

The grounds for endowing public law entities with the procedural status of a party to a case in civil and arbitration proceedings are investigated. The author proceeds from the fundamental idea that only participants in a disputed material legal relationship can act as parties to the civil process. Accordingly, persons who do not have the status of a subject of civil law cannot participate in civil and arbitration proceedings as a party. When deciding on the issue of granting the status of a party to a public legal entity, the courts need to proceed from their alleged connection with the dispute, civil legal personality, and the nature of the interest. Attention is also focused on the restriction of freedom in the disposal of the disputed right in cases involving public entities; when approving settlement agreements concluded between a private legal entity and a public entity, the courts need to check whether these agreements violate public interests (the interests of an unlimited number of persons).

INSTITUTE OF SUCCESSION IN CIVIL LAW AND ITS APPLICATION

Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of transfer of property rights and obligations from one person to another person directly on the basis of law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

APPLICATION OF BANK DEPOSIT INSURANCE LEGISLATION: MAIN ASPECTS

The article highlights the special relevance of the legal study of the bank deposit insurance system. The authors have identified the main trends in the historical development of the bank deposit insurance system, which are generally of positive importance. The article also analyzes the main problems of legislation and law enforcement practice in the field of bank deposit insurance. The conclusion is formulated that the legitimate interest of depositors should be protected primarily, while the established judicial practice in some cases indicates the opposite. In addition, the legislation on insurance of bank deposits violates the principle of equality of subjects of civil law. This situation leads to a drop in the level of depositors' trust and is an obstacle to the effective implementation of the bank deposit insurance system.

О регулировании в ГК РФ государственного участия в содействии развитию предпринимательства

In the Civil Code of the Russian Federation, public property is regulated similarly to private property of citizens and legal entities, which does not reflect the specifics of state and municipal property rights. It is unclear in what status the state authorities and local self-government bodies act, if the Russian Federation, the subjects of the Russian Federation are subjects of civil law, and not persons. A number of amendments to Chapter 5 and Section 11 of the Civil Code of the Russian Federation have been proposed for the purpose of broader public assistance to the development of entrepreneurship.

Methodological Basis for Systematization of Objects of Civil Rights: Problem Statement

Relevance. The development of the latest information, biomedical and other technologies has determined the emergence of new benefits to which the interest of subjects of civil law is directed, which determines the vivacity of the scientific assessment of their essence and legal nature. Objects of civil rights require comprehensive research not only within the scope of their qualifications, but also in the context of systemic analysis. The main methodological problem is the lack of a systematic approach to the presentation of the normative provisions of the current civil legislation regulating the objects of civil rights, as well as certain methodological omissions at the doctrinal level regarding the conceptual basis for systematizing the objects of civil rights. The purpose of the study is to establish the methodological basis for systematizing the objects of civil rights. Objectives: analyze legislative and doctrinal approaches to building a system of objects of civil rights, identify their shortcomings and ways to eliminate them. Methodology. When writing the work, the method of analysis and synthesis, induction and deduction, general logical techniques and tools of the systems approach were used. Results. It is substantiated that effective legal regulation cannot be carried out by simply listing the objects of civil rights and/or enshrining the legal regime of some of them in legislation in isolation from other elements of the mechanism of legal regulation. Conclusions. As a methodological basis, the use of a systematic approach is substantiated, which will allow establishing criteria for classifying an object as an object of civil rights, determining its legal regime, providing a special procedure for regulation, conditions and procedure for the emergence, implementation and termination of subjective rights, the object of which is such an object of civil law, their protection.

Review of the XVII Scientific Readings in the Memory of Professor S. N. Bratus on the Topic “Ideas and Traditions of Russian Civil Law: Frontiers of Epochs and New Horizons”

On October 18, 2023, the Institute of Legislation and Comparative Law under the Government of the Russian Federation held the XVII Scientific readings in memory of Professor S. N. Bratus on the topic “Ideas and traditions of domestic civil law: boundaries of eras and new horizons”. The civil law school of the Institute made a decisive contribution not only to fundamental and scientific-practical developments on the subject of civil law, but also to the coordination of civil law research. The names of the Institute's scientists (D. M. Genkin, E. A. Fleishitz, A. L. Makovsky, V. A. Dozortsev, N. I. Klein, O. N. Sadikov, L. A. Lunts, I. B. Novitsky et al.) have taken a worthy place in the galaxy of classics of Russian civil law. The authority of civil law scientists of the Institute is generally recognized, and their services are highly appreciated not only in Russia, but also abroad. Their scientific achievements are receiving new development in modern conditions, which ensures a continuous dialogue between generations of scientists, continuity and accumulation of knowledge. The article highlights the welcoming words and reports of the participants of the plenary session — leading representatives of Russian legal science and heads of state authorities: T. Y. Khabrieva, Yu. S. Zubov, E. A. Sukhanov, G. A. Gadzhiev, M.Yu. Barshchevsky, Yu.V. Voronin, I. A. Drozdov, G. P. Ivliev, A. G. Tsyganov, M. L. Galperin, V. V. Kulakov, V. V. Ershov, S. A. Sinitsyn. The review also outlines the main ideas expressed by speakers and discussion participants at the following thematic round tables: “New horizons of corporate law in modern conditions”; “Civilistic concept of intellectual property in modern economic conditions”; “Civil legal principles of competition”; “Trends and prospects for legal regulation of digital data circulation”; “Financial interests: conflict between public and private”; “Public legal regulation of economic activity in the EAEU”; “The use of civil law institutions in labor law and social security law”; “Convergence of public and private law in the energy sector”; “Economic constitutionalism in the judicial dimension”; “Leges societatis & system of law”; “Comparative method in modern civil law: achievements and prospects”; “History of sociological research of the Institute”; “Constitution and economic relations: evolution of models”; “Criminal legal risks of business activity”; “Judicial protection of civil rights: traditions and development”.

Problems of liability for injury to the health caused by the use of genome editing systems of germ line cells

The problem of the admissibility of compensation for harm caused to the health of a person by an act committed before his birth, in particular, due to editing of the genome of human germ line cells, is investigated. It is argued that in the case of a live birth, a child acquires the right to compensation for property and moral damage caused by an act committed before his birth. It is substantiated that such an act is illegal, as violating an objective right and encroaching on an intangible good (health) protected by law. Due to the fact that the modern level of development of science and medicine allows to directly affect human health long before it is born, such an intangible good as health should begin its legal existence "in anticipation" of the subject of civil law due to its special significance for the future participant of property and personal non-property relations that constitute the subject of civil law regulation.

"FUQAROLIK HUQUQIDA SUKSESSIYA INSTITUTI VA UNING QO‘LLANILISHI"

Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of the transfer of property rights and obligations from one person to another directly on the basis of a law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.

Legal essence of self-determination of a person and a citizen

the subject of the research is the definition of the social and legal essence of self-determination of a person and a citizen. An analysis of domestic doctrinal research on this subject made it possible to single out three aspects in understanding the self-determination of a person: determining one's behavior without the intervention of third parties, establishing one's status, and the possibility of obtaining information about oneself. Each of the presented concepts, denoted by the term "self-determination", has its own value and contributes to improving the quality of life of citizens. However, an incorrect understanding of the legal essence of self-determination can give rise to negative social consequences, which already has its manifestations in Russian society. As a result of the study, the conclusion was formulated that, contrary to the widespread opinions of legal scholars, the first aspect of self-determination is not a subjective right or part of it, but the embodiment of the principle of the inadmissibility of arbitrary interference by anyone in private affairs, the effect of which, in turn, is limited the principles of inadmissibility of abuse of the right, good faith of subjects of civil law and restriction of rights in order to protect the interests of other persons. The second aspect of self-determination is not a power, but a legal fact - a unilateral transaction, in the course of which it is necessary to take into account the requirements of the legislation on the conditions for its validity. The third aspect is not a personal non-property, but an organizational subjective right, the possibility of realizing which depends on the legitimacy of the goals of using the requested information by a citizen.

Исковая давность: анализ отдельных предложений по совершенствованию законодательства

The article analyzes the problem of legal regulation of the limitation on actions period in civil relations. In the science of civil law there are constantly conducted studies of such issues as the application of statute of limita-tions, the expiration of its term, the performance of duties by the subjects of civil law after that, as well as the restoration of the statute of limitations. This is due to the fact that the subjects of civil legal relations, in the course of their activities, are constantly faced with the terms under consideration and their application in prac-tice. At the same time issues in law enforcement arise. Necessity of systematic analysis of gaps and contradic-tions in the legal regulation of the institute of limitation of actions, as well as their systematization for improve-ment of legal regulation became the main determining factors in choosing the topic of scientific research.

Implementation of Civil Legal Personality in Actions Recognized as Transactions

Civil legal personality is a special property of subjects, symbolizing the connection between a person and the State. In the legal context, legal personality is a form of the opportunities that the State provides its citizens with and associations they create in order to acquire and exercise property rights and personal nonproperty rights. The author concludes that it is through the content of legal personality that a person has the opportunity to become the owner of certain subjective civil rights and obligations through entering into a civil legal relationship. The basis of the activity of individuals and legal entities aimed at implementing their rights is civil legal personality as a form of legal existence of people, their organizations and associations. Legal personality as a form of legal existence is based on the principle of formal equality of actors. In the context of its content, legal personality includes the ability of individuals and legal entities to acquire and exercise subjective rights by their actions, to acquire and perform duties themselves. Forms of implementation of rights accompany the actions of individuals and legal entities equal in the legal aspect and ensure their civil law regulation. Legal personality offers a unilateral order of actions implementing rights and actions with the participation of others, which always leads to the creation of links among subjects of rights and obligations. A significant part of these connections is of a property nature, since social benefits in the civil form of «property» constitute the subject of the legally protected interest of subjects of civil law. Propriatary legal personality as the ability to perform actions in the legal form of a «transaction» forms the basis of purposeful actions implementing rights in relation to property and in relation to other persons regarding property.

Financing of general secondary education institutions: current state, problems and prospects

The article considers the current state of financing of general secondary education institutions in Ukraine, identifying problems in this area and outlining ways to solve them. The author describes the sources of financing of public secondary education institutions, including funds from the State and local budgets, revenues from the provision of paid educational and other services, charitable assistance, grants, and other sources not prohibited by law. The author examines the procedure for the formation and distribution of the educational subvention from the State budget to local budgets and analyses the dynamics of the educational subvention for the period 2018-2022. It is concluded that two key principles - budget co-financing and subsidiarity - are used in forming the mechanism for financing the activities of general secondary education institutions. The author identifies the problems of territorial communities in the funding of the activities of secondary education institutions, including the insufficient financial capacity of some communities; incompetence of managers and lack of experience; availability of schools with low enrolment; energy-intensive school infrastructure; high cost of providing secondary education in rural areas. The author examines the management functions of boards of trustees of general secondary education institutions, emphasizing the importance of such a function as facilitating the attraction of additional funding sources. The advantages and risks of introducing financial autonomy in general secondary education institutions are characterized. Among the benefits are the possibility of independent management of funds and property, involvement of stakeholders in the institution's financial management, the right of the institution to establish allowances and bonuses for employees, and scholarships for students. The risks include the unwillingness of institutional managers to manage finances, the likelihood of weakening financial discipline, and reducing the efficiency of using funds. The author concludes that it is premature to introduce the financial autonomy of general secondary education institutions and that taking stock of the legal framework for recognizing educational institutions as full-fledged subjects of civil law is necessary. Keywords: financing, institutions of general secondary education, educational subvention, subsidiarity, financial autonomy, boards of trustees.

The contract as the ground for the emergence of rights and obligations regarding restricted turnover objects in civil trade

Contractual obligations that arise in relation to restricted turnover objects have recently become widespread in practice, which is due to rapid social development. Despite this, the specifics of the procedure for concluding, changing or terminating such transactions have not been clearly defined at the legislative level. In addition, the peculiarities of the contractual alienation or transfer of objects restricted in turnover have remained poorly studied by the scientific community.The importance of a civil legal contract as one of the main regulators of private law relations is difficult to overestimate. Thanks to the possibility to enter into contracts fixed at the legislative level, subjects of civil law are able not only to establish, change or terminate their civil rights and obligations, but also to involve in civil trade various objects of civil law, including those that have been limited in turnover.The national legislator allows the use of contractual constructions of various kinds to ensure the turnover of objects of civil rights. This has been directly indicated by the content of Art. 178 of the Civil Code of Ukraine. Its systematic analysis has proved that objects restricted in turnover can be alienated, that is, they can be transferred from the ownership of one person to another with the help of contracts of sale, donation, exchange, etc.The contract is one of the main legal means of attracting restricted turnover objects of civil rights to trade. The legislator envisages the possibility of subjects of obligation law to use various types of contracts to settle legal relations that arise in relation to restricted objects. The influence of the studied objects on the principle of freedom of contract can’t be denied. It manifests itself in limiting the range of subjects of contractual obligations, the terms of existence of contractual relations, the possibility of choosing the type of contract that will mediate the mutual rights and obligations of the parties, etc.

Methods of enforcing obligations and the astrent institute in civil law of Russia

The formation and development of human society, the deepening, expansion and complication of economic, economic and interpersonal relations between interacting subjects, as well as a high degree of integration and convergence of modern political, economic and legal systems of various states inevitably entail the formulation of significant scientific problems and challenges for researchers in a wide variety of fields. In this sense, the doctrine and practical implementation of the branch of civil law are no exception: the rapidly changing conditions of economic activity and trade and economic turnover naturally force the legislator and the scientific community to search for new, more modern and relevant instruments of legal regulation of a wide range of civil legal relations between subjects that in essence, they form the economic turnover within a particular society and state. This trend, with varying degrees of intensity, affects all sub-sectors and institutions of civil law, including ways to ensure civil law obligations: undoubtedly, today there are many ways for development. Ensuring the proper performance of civil obligations by the subjects of civil law is one of the most important and, as a result, controversial, problematic issues both in domestic and foreign civil law doctrine and in extensive law enforcement practice. In this regard, of central importance is the scientific consideration and study of specific ways to ensure the fulfillment of obligations, many of which are gradually being legally enshrined in the legislation of the Russian Federation. At the same time, due to the lack of real practical experience, as well as the insufficiency of doctrinal sources, the essence of many of them, as well as the relevance and necessity of their application, causes serious disagreement among the scientific and professional legal community. One of these institutions at this stage is the institute of astrent. The article is devoted to the consideration of some problematic aspects of determining the theoretical essence of astrent, which may affect subsequent clarifications or changes in the text of the relevant regulatory legal acts of the Russian Federation. The aim of the work is an attempt to determine the theoretical essence of the institute of astrent in connection with the dual nature of its most significant legal features.

Law enforcement in context of transformation of the labor sphere and modernization of the theory of labor relations

The subject of research is the problems of modernization of the subject of labor law and the theory of labor relations in the context of the transformation of the labor sphere The purpose of article is to confirm or disprove hypothesis thatThe methodology of research is formal legal and logical interpretation of Russian Constitution and labor legislation, analysis of the academic publications concerning labor law. Based on the historical analysis of the law structuring process, the direction of development of labor law as a private-public branch of law.The main results, scope of application. It is substantiated that the totality of elements of legal relations, characteristic of both private and public law (freely entering into labor relations on the basis of an agreement, but forced to fulfill obligations under the agreement exclusively by personal labor, obeying the employer’s will in the process of labor activity), should be a system (an interconnected integrative set having an anti-entropic character) in order to function effectively. The removal of some elements from this system entails an imbalance in the system of the labor law branch as a whole, with possible subsequent destruction. On the basis of a systematic approach, the formation and development of the theory of labor relations in domestic legal science are studied. The foundations of the convergent "theory of the plurality of unified labor relations", developed for application in the conditions of transition to new technological paradigms and growing differentiation of forms of labor organization, are proposed and substantiated. This theory was developed on the basis of the “theory of a single indivisible labor relationship” by N.G. Aleksandrov and "the theory of the complex of labor relations" V.N. Skobelkin. On the basis of the theory of plurality of unified labor legal relations, the prospects for expanding the subject of the branch of labor law are determined by including in it emerging new relations that are associated with the use of human labor on a contractual and non-contractual basis. A motivated assumption is formulated that such an expansion of the subject of labor law will make it possible to complete the process begun a century and a half ago and finally remove all contracts providing for the employment of labor from the subject of civil law in favor of labor law. A contract of personal employment between individuals, assuming the equality of the parties to the use of independent labor not with a single employer, will remain civil law. Through the institutions of labor protection, social insurance and social partnership, labor law should begin a systematic expansion to any emerging new form of organization of human labor. After that, a new form of labor organization can be subject to various sets of other industry norms and institutions, the use of which ensures the protection of the employee and an increase in production efficiency. The necessity of changing the presumption of proving the existence of labor relations to proving civil relations is substantiated.Conclusions. The article substantiates the three-subject composition of the participants in the system of legal relations arising from the use of agency labor (contract on the provision of an employee) and the need to establish joint liability of subjects on the side of the employer (solidary employer). It proves the need to release the employee from liability for offenses detected by artificial intelligence. It is proposed to continue research on the prospects for the formation of labor procedural law.

Civil law contract as a document

Based on the analysis of current Ukrainian legislation, practice of its application, provisions of civil law doctrine and documentary studies, it has been identified the general features of civil law contracts as documents. The need to develop theoretical provisions on a contract as a document is caused by insufficient research of these issues in the science of civil law.
 The definition of the features of a contract-document is based on the principle of “from the general to the special”: first, the constitutive features of documents as such are established, and then these features are extrapolated to contracts when the latter are considered as documents. An agreement, as well as any other document, is characterized by attributability, stability of material (tangible) form, structural integrity, semantic content, completeness of the message and functionality. The specific distinction of a contract as a document is most evident when considering the substantive information that this document records. Such information includes data on subjects of civil law who acquire legal roles of "parties to the contract" in the contractual process and are recognized in it by means of special identification techniques, as well as data on the type of bilateral or multilateral transaction performed by these parties. Establishing such information makes it possible to qualify the legal relationship that has arisen between the parties properly and determine an adequate legal regime for its regulation. Based on the features (properties) of a contract as a document discussed in the article, it has been formulated its definitional description: a contract-document is a written act whose main purpose is to record, preserve and transmit in time and space information about the agreement reached by two or more parties aimed at establishing, changing or terminating civil rights and obligations. The conclusions that have been drawn in this article can be used in the educational process and legal practice.

Legal Consequences of Insufficient Funds on Customers’ Bank Accounts

The paper discusses three consequences that can occur if there are insufficient funds in the customers’ bank accounts. The first consequence — the order is sent to the file of unpaid bills and there it is waiting for a sufficient amount of money to be credited to the account (file number 2) — has contradictions in legislation that go unnoticed and pass from old acts to new ones without being resolved. One of these contradictions is shown in Regulation No. 762, adopted in 2021 that provides for various consequences of insufficient funds in the account, depending on the subject composition of customers. All customers are divided into two groups. For individual clients, the rules on the order of payments do not apply and their orders are not accepted for execution. Orders of customers — legal entities, individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation — are not accepted by the bank for execution and are returned (with some exceptions). This contradicts Article 855 of the Civil Code of the Russian Federation, which establishes uniform rules for all subjects of civil law. In addition, the exceptions listed in Regulation No. 762 almost completely coincide with Article 855 of the Civil Code of the Russian Federation, which makes the relevant provisions of this Provision meaningless. Contradictions are also expressed in the fact that in some regulations the concepts of «order» and «payment order» are confused and replaced. The paper also analyzes the types of orders mentioned in the acts under consideration. The second consequence of insufficient funds in the account constitutes a long-known overdraft. The third consequence forms the borrowing of funds from other accounts included in the group of bank accounts. The latter is a novelty for Russian legislation and, despite numerous advantages, it does not yet have sufficient legal regulation.