1. A citizen acquires and exercises rights and obligations under his own name, including the surname and first name, as well as the patronymic, unless otherwise follows from the law or national custom.
In cases and in accordance with the procedure provided by law, a citizen may use a pseudonym (fictitious name). 2. A citizen has the right to change his name in the manner prescribed by law. A citizen’s change of name is not grounds for termination or change of his rights and obligations acquired under his former name. A citizen is obliged to take the necessary measures to notify his debtors and creditors about the change of his name and bears the risk of consequences caused by the lack of information from these persons about the change of his name.
A citizen who has changed his name has the right to demand that appropriate changes be made at his own expense to documents issued in his former name.
3. The name received by a citizen at birth, as well as a change of name, are subject to registration in the manner established for registration of acts of civil status. 4. Acquiring rights and obligations under the name of another person is not permitted.
The name of an individual or his pseudonym may be used with the consent of this person by other persons in their creative activities, entrepreneurial or other economic activities in ways that preclude misleading third parties regarding the identity of citizens, as well as precluding abuse of rights in other forms.
5. Harm caused to a citizen as a result of violation of his right to a name or pseudonym is subject to compensation in accordance with this Code.
When a citizen’s name is distorted or when a name is used in ways or in a form that affects his honor, detracts from his dignity or business reputation, the citizen has the right to demand a refutation, compensation for the harm caused to him, as well as compensation for moral damage.
Commentary on Article 19.2 of the Code of Administrative Offenses of the Russian Federation
1. The object of the offense is social relations that develop in the process of implementing state coercion through the sealing of certain items by authorized officials. The legal basis for these relations is the established procedure for sealing these items.
2. From the objective side, this offense has the form of an action and is expressed in damage or breaking of the seal (seal) imposed by an authorized official. This act does not include the actions provided for in Art. 11.15 of this Code, “damage to property on public transport vehicles, freight cars or other equipment intended for the transportation and storage of goods in transport” and Art. 16.11 “destruction, removal, change or replacement of identification means used by the customs authority, without the permission of the customs authority, as well as damage or loss of such identification means.”
3. From the subjective side, this is an intentional offense.
4. The subjects of the offense are individual subjects of law (citizens and officials).
5. Officials of internal affairs bodies, officials of state mining and industrial supervision bodies, officials of bodies carrying out state regulation of safety in the use of atomic energy draw up protocols and consider cases of administrative offenses provided for in the commented article.
Article 19.2. Code of Administrative Offenses of the Russian Federation. Intentional damage or disruption of the seal (seal)
1. The commented article provides for the liability of both citizens and officials, establishes administrative penalties for violation of measures for the safety of property taken by authorized officials.
The possibility of authorized officials using sealing (sealing) of premises and objects as such measures is provided for in a number of legislative and other regulatory legal acts of the Russian Federation. In particular, Art. 74 of the Code of Inland Water Transport of the Russian Federation establishes the responsibility of the shipper to seal the loaded holds of ships and containers with cargo. In accordance with the Merchant Shipping Code of the Russian Federation, the carrier is not responsible for the loss or damage of cargo accepted for transportation that arrived at the port of destination in serviceable cargo spaces with serviceable seals of the sender.
Federal Law No. 19-FZ of January 10, 2003 “On the elections of the President of the Russian Federation” (as amended and supplemented) establishes that empty portable and stationary voting boxes are sealed with the seal of the precinct election commission (sealed). The Federal Law of March 26, 1998 “On Precious Metals and Precious Stones” (as amended and supplemented) provides for the right of officials of state control bodies over the geological study and exploration of deposits of precious metals and precious stones, their extraction, production, use and by request to seal the premises of permanent or temporary storage of precious metals and precious stones, products made from them, workplaces, vehicles in cases of violations of the established procedure for receiving, spending, accounting and storing these values, collecting their scrap and waste.
2. The object of this administrative offense is public relations related to the establishment of the procedure for the activities of authorized officials for the safety of material assets and their right to seal (seal) places where documents, money and inventory are stored.
3. The objective side of the offense under comment is an action that entailed intentional damage or disruption of a seal imposed by an authorized official in order to preserve property and prevent its further use, including in connection with the seizure of property and to avoid other negative consequences. As a rule, when sealing (sealing), numbered stamps and seals are used to identify the relevant official.
This article does not apply to special administrative offenses that provide for administrative penalties for breaking seals during transport (Part 2 of Article 11.15) and in case of destruction, damage, loss or change of means of identification used by the customs authority (Article 16.11).
It should be taken into account that destruction or damage to seals committed out of selfish or other personal interest are qualified as a crime (Part 1 of Article 325 of the Criminal Code of the Russian Federation).
4. The subject of this administrative offense is an individual who has reached the age of 16, or an official.
From the subjective side, the offense under comment is characterized by direct intent (Part 1 of Article 2.2). It cannot be committed through negligence.
5. Cases of offenses are considered by officials of internal affairs bodies (police) (Article 23.3).
Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).
Commentary to Art. 19.15 Code of Administrative Offenses
1. The object of an administrative offense is the social relations that develop in the process of a citizen’s exercise of the right to freedom of movement, the right to choose a place of residence and place of stay.
2. The objective side of the offense provided for in part one of Article 19.15 is expressed in living at the place of residence or place of stay of a citizen of the Russian Federation without a citizen’s identity card (passport) or with an invalid citizen’s identity card (passport) or without registration at the place of stay or place of residence . The legal status of a passport of a citizen of the Russian Federation is regulated by Decree of the President of the Russian Federation of March 13, 1997 N 232 “On the main document identifying the citizen of the Russian Federation on the territory of the Russian Federation.” The main provisions of registration at the place of stay or place of residence are enshrined in the Decree of the Government of the Russian Federation of July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the List of officials persons responsible for registration."
3. The objective side of the offense provided for in part two of Article 19.15 is the admission by the person responsible for compliance with the rules of registration of the residence of a citizen of the Russian Federation without a citizen’s identity card (passport) or with an invalid citizen’s identity card (passport) or without registration at the place of stay or at the place of residence, as well as allowing a citizen to live in the residential premises occupied by him or in the residential premises owned by him without a citizen’s identity card (passport) or without registration at the place of stay or place of residence. The list of officials responsible for registration is established by Decree of the Government of the Russian Federation of July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the List of officials responsible for registration "
4. From the subjective side, the offenses provided for in Article 19.15 are intentional.
5. The subjects of the offense provided for in the first part of this article are citizens, and in the second part - officials and citizens.
6. Cases of administrative offenses provided for in Article 19.15 are considered by officials of internal affairs bodies.
Commentary on Article 19 of the Civil Code of the Russian Federation
1. The name of the citizen to whom the article is dedicated. 19 and under which he acquires and exercises rights and obligations is the most important legal means of his individualization. It includes the surname, first name and patronymic: the first two elements are required, the third may be absent according to the law or national custom. The right to a name is also collective, combining: a) the right to have a name; b) the right to change the name; c) the right to independently use the name, acquiring rights and obligations under it; d) the right to allow other persons to act on their behalf as representatives; e) the right to protect the name.
2. The child receives a name at birth by agreement of the parents, a surname - according to the surname of the parents (and if they have different surnames, he is assigned the surname of his father or mother by agreement between them, unless otherwise provided by the laws of the constituent entities of the Russian Federation), a patronymic - according to the surname of the father, unless otherwise provided by the law of the subject of the Russian Federation or based on national custom. A disagreement between parents regarding the child’s first and (or) last name is resolved by the guardianship and trusteeship authority. If the paternity of the child is not established, the child’s name is determined by the mother, he also receives her last name, and the patronymic of the person recorded at the direction of the mother as his father (clause 3 of Article 51, clauses 2 - 5 of Article 58 of the Family Code) . The first and (or) last name of a child before he reaches the age of 14 years can be changed in accordance with Art. 59 SK.
The name, surname and patronymic of a child can also be changed in connection with his adoption, while changing the surname, first name and patronymic of an adopted person who has reached the age of 10 years is possible only with his consent, except in cases where the child was already living in the family before submitting the application for adoption adoptive parent and considers him his parent. When the court cancels the adoption, the question is simultaneously resolved whether the child retains the name, surname and patronymic assigned to him in connection with the adoption, while in order to change them, the consent of the child who has reached the age of 10 years is fundamental (Article 134, paragraph 3 of Article 143 of the Family Code) . The child's name is indicated on the birth certificate and, when he or she reaches 14 years of age, is entered into the passport. A citizen who has reached the age of 14 can independently change one, two or all elements of his name in accordance with Art. 58 of the Law on AGS, while retaining all the rights and obligations acquired by him under his previous name; he is also obliged to take measures to notify his debtors (persons against whom he has claims) and creditors (persons to whom he has obligations) of the change of his name and bears the risk that these persons do not have information about the change of his name. A change of name gives a citizen the right to make changes to other documents issued in the previous name (clause 2 of Article 19). The name received at birth and a change of name are acts of civil status subject to registration (clause 3 of article 19, article 47 of the Civil Code).
A citizen may, in cases and in the manner prescribed by law, use a fictitious name (pseudonym) (paragraph 2, paragraph 1, article 19); the law may allow speaking without indicating a name (anonymously). Thus, the law, establishing the right of the author of a work to use or permit the use of the work under his own name, under a pseudonym or anonymously (the right to a name), in the last two cases considers him a representative, as a rule, of the publisher authorized to protect the rights of the author and ensure their implementation until until the author reveals his identity and declares his authorship (Article 1265 of the Civil Code).
3. In art. 19 acceptable cases of using a pseudonym (paragraph 2 of clause 1) and exercising the right to change a name (clause 2) are contrasted with unacceptable cases of acquiring rights and obligations under the name of another person (clause 4). The prohibition is due to the fact that the right to a name is an intangible benefit that cannot be alienated or transferred in any other way (clause 2 of article 2, clause 1 of article 150 of the Civil Code). A citizen cannot acquire rights and obligations under someone else’s name for himself, but has the right to perform actions on behalf of another citizen as his representative under the law (agreement) and with the emergence of a legal effect on the side of the represented one (paragraph 1, paragraph 1, article 28, paragraph 2, Article 29, paragraph 1, paragraph 1, Article 182, paragraph 1, Article 971, paragraph 3, paragraph 1, Article 1005 of the Civil Code); if a citizen acts on behalf of another person in the absence of authority or in excess of it, the transaction is considered concluded on behalf and in the interests of the person who completed it, however, its subsequent approval by the represented gives rise to legal consequences for him regarding this transaction from the moment of its completion (Article 183 of the Civil Code , see also Chapter 50 of the Civil Code). But even taking into account this clause, established in paragraph 4 of Art. 19, the prohibition is formulated in general terms and covers different situations: the use of someone else’s name can be without the knowledge or with the knowledge of its owner; to acquire rights and obligations, which may be civil or otherwise, a transaction or other basis may be used, and the acquisition itself may be a one-time event or permanent, the violator can act out of self-interest, revenge, a joke, a desire to hide, etc., and the victim can be the owner of the name, a third party (for example, a counterparty in a transaction), the state, or a combination of these persons. In any case, paragraph 4 of Art. 19 refers to the conscious use by a citizen of someone else’s name, and therefore the fraudulent acquisition of rights and obligations for himself. The inadmissibility of acquiring rights and obligations under someone else’s name excludes legal consequences (except for special ones, including criminal ones - see, for example, Article 327 of the Criminal Code). Committed in connection with a violation of paragraph 4 of Art. 19 the transaction must be considered under Art. 168 of the Civil Code, and in appropriate cases - under Art. 169 of the Civil Code, but if the only victim of deception is the counterparty of the person who used someone else’s name when making a transaction and pretended to be someone else (which can be significant for the victim, for example, in the conditions of fiduciary nature of this transaction), one should refer to Art. 179 Civil Code.
4. The right to a name is an intangible benefit protected by civil law (clause 2 of article 2, clause 1 of article 150 of the Civil Code). Harm caused to a citizen as a result of the unlawful use of his name is compensated in accordance with the Civil Code (Article 151 and Chapter 59). And since other intangible benefits may suffer from this - honor, dignity, business reputation (which in itself indicates their interconnectedness), special rules of Art. 152 of the Civil Code (clause 5 of article 19) (for more details, see Resolution of the Supreme Court No. 3).
