Sample contract for donation of civilian weapons. Donation of funds between individuals
AGREEMENT N for the donation of civilian weapons, hereinafter referred to as the “Donor”, represented by, acting on the basis, on the one hand, and, hereinafter referred to as the “Donee”, represented by, acting on the basis, on the other hand, collectively referred to as the “Parties”, and individually referred to as the “Parties”, have entered into this Agreement (hereinafter referred to as the Agreement) as follows. 1. SUBJECT OF THE AGREEMENT 1.1. The Donor undertakes to transfer free of charge the following civilian weapons (hereinafter referred to as the “Weapons”) into the ownership of the Donee: Type: . Model: . Caliber: . Muzzle energy: . Manufacturer (country): . An identification number: . Passport (series, number, date of issue): . Other: . (individual features: inlays, inscriptions, etc.) 1.2. The cost of the transferred weapons is () rubles. 1.3.
State registration of a gift transaction
In addition, we must not forget about the need to register your ownership rights to real estate, in accordance with Art. 131 Civil Code and Art. 4 Federal Law No. 122. As for fines, the legislative acts regulating the registration procedure do not provide for them.
The only unfavorable consequence is that until registration is completed, you are not the owner of the donated property; your mother is still the owner. Do you have any questions? 3 important reasons use the help of a lawyer right now Quickly Prompt response to all your questions! Qualitatively Your problem will not go unnoticed! Practicing lawyers communicate with you reliably! Ask a lawyer a question online! Scheme of our work Question You ask questions to the duty lawyer.
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Civilian weapons donation agreement
GK), special rules notifications to the parties to obligations, the rights of claim for which are transferred by gift (Articles 382, 385 of the Civil Code of the Russian Federation), etc.;
- the impossibility of fulfilling by way of donation those obligations of the donee that must be fulfilled personally - payment of alimony, compensation for harm, etc. (Article 313 of the Civil Code).
Federal legislation may establish other special restrictions regarding certain objects of property benefits transferred by donation - weapons, cultural values, agricultural shares, etc. Procedure state registration gift transactions As already mentioned, state registration of the contract and rights under the gift transaction is carried out by the Federal Registration Service.
The procedure itself takes place in accordance with the norms of Federal Law No. 122 of July 21, 1997 and Methodological recommendations, approved by Order of the Ministry of Justice No. 184.
Donation of weapons
Attention
According to the Civil Code of the Russian Federation, donation is understood as an oral or written agreement of the parties to this process on the free transfer in favor of one party of things and property rights owned by the other party, as well as the fulfillment of any property obligations for it. In addition, a promise to transfer a gift and fulfill obligations in the future will also be considered a gift.
Based on the norms of the same article, the parties to the donation are considered to be the donor and the donee. The donation procedure always involves the conclusion of an agreement.
According to paragraph 1 of Art. 574 of the Civil Code of the Russian Federation, in most cases the specified agreement is oral. However, as an exception, this article establishes the need for written documentation of: gratuitous transfer of real estate; promises of free transfer; agreement, where the party is entity, and the cost of the gift is above 3 thousand.
rubles
Article 20. Sale, gift and inheritance of weapons
Agreement on the donation of civilian weapons between individuals Individuals may receive civilian weapons as property as a result of a donation under the Civil Weapons Donation Agreement. Civilian weapons include weapons for sports, self-defense and hunting.
The donation of civilian weapons subject to registration is carried out under a Donation Agreement concluded in writing. Donation of civilian weapons that are not subject to registration and purchased without a license may be made without a written form of the Donation Agreement.
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The Civil Weapons Donation Agreement must indicate the brand of the weapon, its caliber, the weapon number and the year of manufacture. A contract for donating civilian weapons to an individual has a number of legal restrictions.
Selected models of combat cold bladed weapons(daggers) within two weeks from the date of their receipt by inheritance are subject to registration with the federal executive body authorized in the field of arms trafficking, or its territorial body at the place of residence. Citizens Russian Federation, who registered individual models of combat edged bladed weapons (daggers) received by inheritance, federal body executive power authorized in the field of arms trafficking, or his territorial body An indefinite permit to store this weapon is issued at the place of residence.
How to formalize the donation of weapons from a private person to a private person
Additionally, the subject of a gift can be not only material things, but also property rights of claim (the right to collect debt). And, in addition, the subject of a gift may be the transfer to the donor of the donee’s property obligations (the obligation to repay the debt).
A gift is a gratuitous transaction - the donor does not expect to receive any benefits in return for the gift given. This legal nature of the gift determines it the most important feature- the presence of counter-compensation or the creation of property obligations of the donee makes the contract sham, which entails recognition of its invalidity.
Example Citizen Limonova, on the basis of a gift agreement signed on 02/01/2013 between her and her daughter B., gave the latter a 3-room apartment for her birthday.
It is also desirable that it be with a small margin in width. During the consideration of your application, the district police officer is obliged to check the storage conditions of the weapon for which you want to obtain a license, then draw up a report on the inspection. If there is no safe or it does not match the type and size of the weapon, this may serve as grounds for refusal to obtain a weapons permit. When you come to the LRO, you must be provided with a blank form and a prescribed sample application for a weapons permit, which must be written to the head of the police department.
When 10 days have passed after submitting your application, the licensing and permitting department will either accept it for consideration or send you an official refusal. Reasons for refusal to obtain a license in accordance with Art.
Citizens can purchase weapons at legally in connection with an award, gift or inheritance. Reward weapons are weapons received by government employees paramilitary organizations on the basis of an order from the heads of these organizations, as well as weapons received by citizens of the Russian Federation on the basis of a decree of the President of the Russian Federation, a resolution of the Government of the Russian Federation, award documents of the heads of foreign countries and heads of foreign governments.
The internal affairs bodies at the place of residence issue a permit to store and carry award weapons. It is important to note that weapons that allow burst fire, as well as prohibited weapons, cannot be used for awards. Federal law“On Weapons” for circulation on the territory of the Russian Federation.
The recipients will not receive permission to own such weapons.
How to obtain a weapons permit, what documents are needed for this, and where to apply for a license for a traumatic weapon, firearms, gas pistol and other types of civilian weapons - you will learn about all this in this article. Obtaining a weapons permit Documents for obtaining a weapons permit Weapons without a license and permit The cost of a weapons license How much does a weapons permit cost Obtaining a weapons permit (Federal Law “On Weapons” No. 150) This is a rather lengthy process. It takes at least a month, taking into account the collection of all necessary documents and the period for consideration of the application for a license. In order to submit such an application, you need to contact the local police department at your place of residence and find out where to get a weapons license, in which licensing department (LRO), and where it is located.
Federal Law No. 302 of December 30, 2012, state registration of a gift transaction is required only in cases where the gift is real estate (houses, apartments, land plots, garages, etc.), and the gift agreement itself is drawn up by the parties before 03/01/2013. At the same time, in accordance with paragraph 1 of Art. 131 of the Civil Code of the Russian Federation, regardless of the date of conclusion of the transaction for the donation of real estate, the transfer of ownership rights under the specified transaction is subject to mandatory state registration in Rosreestr. Please note: Refusal to carry out these registrations excludes the transfer of rights to the donated immovable property to the donee, as a result of which the whole meaning of the donation is lost. Despite the conclusion of a gift agreement between the parties, until the necessary registration procedure is completed, the ownership of the gratuitously transferred benefit remains with the donor.
N * series * issued in his name by the Department of Internal Affairs *** On June 11, 2005, we concluded this donation agreement, according to which Ivan Ivanovich Pupkin transfers (donates) the above-mentioned TOZ-34 gun to the above-mentioned Pyotr Ivanovich Pupkin, and Petr Ivanovich Pupkin accepts for free the specified gun "TOZ-34" into your ownership. The transfer of the donated gun by handing it over will be carried out immediately after the specified gun is removed from the registration register. This agreement is drawn up in triplicate, having equal legal force, one copy for each of the parties to the agreement and one copy for the body registering weapons - the Pupkino Department of Internal Affairs of Moscow (LRO). This agreement comes into force from the moment of its conclusion. Signatures of the parties: I.I. Pupkin P.I. Pupkin PS: colleagues, please make sure if you made a mistake somewhere, just in case.
If the donee is an employee of the donor, if it is necessary to calculate tax, the latter has responsibilities tax agent. A legal entity can donate any property to an individual, even without being its owner. Thus, a donation on behalf of an organization in favor of a citizen will be considered completely legal if the gift belongs to it under the right of economic management or operational management, if such a donation has the consent of the owner of the property (clause 1 of Article 576 of the Civil Code). If the donation was made by a legal entity in favor of an individual during the last six months preceding the bankruptcy of the organization, i.e. in violation of the Federal Law “On Insolvency”, then in accordance with clause 3 of Art. 578 Civil Code, interested people have the right to judicial procedure cancel such a donation.
Donation by individuals
NK, he will be exempt from the obligation to pay personal income tax. In addition, a special notary tariff is provided for such persons (clauses 1, 2, clause 1, article 22.1 of the Fundamentals of Legislation on Notaries). If the donation is made in favor of an individual - who does not have family ties with a donor - an individual (donation to a non-relative), then such a donee will have an obligation to pay 13% personal income tax only if the gift is real estate, vehicle, shares and shares. Other gifts received in cash and in kind are not subject to taxation (clause
18.1 art. 217 NK). In addition, gifts received by veterans, disabled people, widows of the deceased and other victims of the Great Patriotic War are not subject to personal income tax to the extent not exceeding the value limit of 10 thousand rubles. Patriotic War, wars with Finland and Japan.
Donation agreement
Attention
In accordance with paragraph 3 of Article 574 of the Civil Code of the Russian Federation and Article 131 of the Civil Code of the Russian Federation, all donation agreements are not movable property(both real and consensual) must be in writing and are subject to mandatory state registration. The transfer of a gift is carried out through its delivery, symbolic transfer (delivery of keys, etc.) or delivery of title documents. A contract for the donation of movable property must be drawn up in simple written form in cases where:
- the donor is a legal entity, and the value of the gift exceeds five established by law minimum sizes wages;
- the contract contains a promise of a gift in the future.
A gift agreement, accompanied by the transfer of a gift to the donee, can be made orally, with the exception of the cases provided for above, otherwise the gift agreement in oral form is void.
Property donation agreement
However, this rule, in accordance with clause 18.1 of Art. 217 of the Tax Code, does not apply to funds. Thus, cash income received as a gift from citizens is exempt from taxation. It should be taken into account that according to paragraph 2 of Art. 576 of the Civil Code, funds that are jointly owned can be donated only with the consent of the co-owners.
This is especially true for spouses, since according to Art. 256 of the Civil Code, all funds received by each of them during marriage are considered joint property and are subject to donation only with the consent of the second spouse (Article 253 of the Civil Code), which, however, is presumed. In the contract itself, in order to reach agreement on the subject of the donation, it is necessary to specify the exact amount transferred and the currency of the transferred funds. Let us recall that the promise to transfer money after the death of the donor, according to paragraph.
3 tbsp. 572 of the Civil Code will be insignificant. Separately, it should be noted a number of legislative prohibitions established by Art.
You can give the right to something, or you can give a specific thing or product. It is important that a promise to give is not a contract. The subject of a gift agreement can be any thing that has not been withdrawn from circulation, even something as specific as securities and money. Donation of things limited in circulation ( hunting weapons), should not lead to a violation of their special legal regime, that is, if you are going to give a weapon to a business partner, then make sure that he has the appropriate licenses and permits. In some cases, the subject of the gift agreement may be debt obligations (in other words, release from obligations), or rather forgiveness debt, transfer of debt, fulfillment of obligations for the debtor. However, entrepreneurs cannot forgive even the most hopeless debt to their counterparty.
Donation agreement: sample filling, download form
Donation between a legal entity and an individual A legal entity is an organization created in accordance with the procedure established by law, which has property in its ownership, economic management or operational management and is responsible for all its obligations. It is prohibited to make gifts between commercial organizations- this is established by the norm of Article 575 of the Civil Code of the Russian Federation. This is due to the fact that the purpose of their activities is to make a profit.
Therefore, giving gifts to each other is contrary to the nature of the existence of such organizations. The use of a gift agreement can be used by legal entities to evade taxes. As a rule, individuals use a gift agreement, but there are cases of gifts to individuals by legal entities; this could be, for example, rewarding a valuable employee with a gift.
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According to the law, donation is impossible if the donee is:
- incapacitated citizens, their representatives;
- employees of medical institutions;
- civil servants municipalities;
- commercial organizations.
The cost of the donee property is over 3000 rubles. is possible exclusively for individuals on the basis of a written agreement. An exception is donations, when the donation is made for public purposes. useful beginnings. Broadcast material assets made by the employer if available labor relations with employees, when it is possible to reward as an incentive a valuable gift. According to the law, it is prohibited to enter into a gift agreement from individuals to legal entities, as well as between commercial firms, although in practice they still give each other valuable gifts.
Donation of funds between individuals
Info
What is a contract of gift of movable property and how to draw it up? Interested in a question? Then here you will find the best answer. The norms of civil legislation in the field of donation apply to such an agreement. Donation is a procedure for free transfer. This agreement is a document that states the following: one or another person agrees to give an item to the recipient for free.
Movable property is money, any securities, or other items. By the way, real estate can also be transferred in the same document; this is also not prohibited. Such a document can be called a “deed of gift”, when a person in good health gives someone his property in the form of an apartment, a house, and so on.
By the way, when drawing up a document, the donor can indicate some rights that he will retain even when the property passes into the hands of another person.
Features of a gift agreement between a legal entity and an individual
The rules for drawing up and re-registering a gift document between a legal entity and an individual have been regulated. When drawing up the agreement, the following shall be indicated:
- Full name, details of both participants;
- authority executing the transaction;
- subject of the contract;
- method of transfer on a gratuitous (reimbursable) basis;
- absence (presence) of encumbrances on property.
The donor undertakes to transfer the gift as a gift to the named individual and, if necessary, to exercise the right in the future to cancel the gift agreement when grounds arise. The transfer of property is carried out on the basis of a transfer and acceptance certificate. The document is signed by both parties and in this case will be considered concluded. The disposal of property by the new user will enter into legal force. Additionally, it is possible to write a deferred document.
Agreement on donation of movable property sample form
If citizens - parties to a transaction, enter into a consensual deed of gift (an agreement promising a gift in the future), then it must be executed in writing. In addition to the form, such an agreement has a number of requirements for the content, in particular, it must specify the gift or right being transferred to the donee, and also indicate a clearly expressed intention to transfer the gift in the future (clause 2 of Article 572 of the Civil Code). Violation of at least one of these three requirements entails the nullity of the promise of donation.
In addition, a written form of deed of gift will be required if a transaction concluded between individuals involves the donation of real estate, which, according to Art. 131 of the Civil Code will require state registration of rights to it. The procedure for carrying it out (Article 13 of Federal Law No. 122) involves the submission by the applicant of a number of documents, among which is a gift agreement.
Form of gift agreement between individuals
GK). The process of donating a car is not much different from the usual design of a deed of gift, but it has some features, in particular with regard to taxation. Additionally, according to clause 18.1 of Art. 217 of the Tax Code, receiving a car as a gift is equivalent to receiving income equal to its market value. In view of this, the donee will have to pay 13% personal income tax, from which he will be exempt if there is a close relationship with the donor or if they are family members. The donation agreement for a motor vehicle is not subject to state registration. However, the donee needs to register the car (registration) with its new owner in the traffic police. The procedure for carrying out such registration was approved by order of the Ministry of Internal Affairs of the Russian Federation No. 1001 dated November 24, 2008.
Donation of civilian weapons registered with the internal affairs bodies is made if the recipient has a license to purchase civilian weapons.
When receiving civilian weapons and ammunition as a gift, you must:
- a) submit an application to the internal affairs bodies at the place where these weapons are registered in the form established by the Ministry of Internal Affairs of the Russian Federation;
- b) have a license to acquire the relevant weapons, collect or exhibit them, or have permission to store or store and carry such weapons.
Registration (re-registration) of weapons received as a gift is carried out by internal affairs bodies on the basis of documents confirming the legality of the gift or inheritance.
The donation of civilian weapons that are not subject to registration with the internal affairs bodies is made on a general basis, as for ordinary movable property, that is, the heir or donee is not required to have a license to purchase weapons.
Chapter III. Practical part
1. Provide for liability for violation of sales rules individual species goods
Code of the Russian Federation on Administrative Offenses
Section II. SPECIAL PART
Chapter 14. ADMINISTRATIVE OFFENSE IN THE FIELD OF BUSINESS ACTIVITY
Article 14.15. Violation of the rules for the sale of certain types of goods
Violation of the established rules for the sale of certain types of goods - entails the imposition of administrative fine for citizens in the amount of three hundred to one thousand five hundred rubles; on officials- from one thousand to three thousand rubles; for legal entities - from ten thousand to thirty thousand rubles.1
- 1. The object of the offense is the rights and interests of the consumer regulated by the Civil Code, the Law on the Protection of Consumer Rights, the Rules for the sale of certain types of food and non-food products food products, established by the Decree of the Government of the Russian Federation of January 19, 1998.
- 2. From the objective side, the offense is characterized by action (inaction) and is expressed in non-compliance with the rules of sale: food products; textile, knitwear, clothing and fur goods and footwear; technically complex goods household use; perfumery and cosmetic products; cars, motorcycles, trailers and license plates; products from precious stones; medicines and medical products; animals and plants; household chemical goods; pesticides and agrochemicals; copies of films produced on video media; weapons and ammunition for them.
- 3. Violation of the rules retail sales alcoholic and alcohol-containing products are qualified under Part 3 of Article 14.16 (see commentary).
- 4. It is necessary to distinguish between violations of the sale of certain types of goods and the illegal sale of goods (other things), the free sale of which is prohibited or limited. Responsibility for the illegal sale of goods (other things), the free sale of which is prohibited or limited, arises under Article 14.2 (see commentary).
- 5. The sale of goods, within the meaning of this article, should be understood as the sale of goods by concluding a retail purchase and sale agreement, according to which, according to Article 492 of the Civil Code, the seller engaged in business activities of selling goods at retail undertakes to transfer to the buyer the goods intended for personal, family, home and other use not related to entrepreneurial activity. This criterion allows us to highlight the subject of this activity: not any sale of goods, but only retail sales.
- 6. Taking into account the blanket nature of the commented article, when bringing a perpetrator to administrative responsibility, it is necessary to establish in each case of bringing to administrative responsibility which rule for the sale of certain types of goods was violated and in what specific action or inaction it was manifested.
- 7. The subjective side of the offense is characterized by guilt in the form of intent or negligence. For example, a person, knowing and realizing that bread and bakery products are sold in places of small retail trade only in packaged form, is negligent in complying with of this rule, selling baked goods without packaging.
- 8. The subject of the offense can be a common subject - an individual, an individual entrepreneur, an official, a legal entity.1
Article 14.16. Violation of sales rules ethyl alcohol, alcoholic and alcohol-containing products, as well as beer and drinks made on its basis
- 1. Retail sale of ethyl alcohol, including ethyl drinking alcohol (except for sales in the Far North and equivalent areas), alcohol-containing products according to pharmacopoeial articles (except for products sold through pharmacy chain) or alcohol-containing flavoring biologically active flavoring additives or wine materials - entails the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles with confiscation of ethyl alcohol and alcohol-containing products; for legal entities - from forty thousand to fifty thousand rubles with confiscation of ethyl alcohol and alcohol-containing products.
- 2. Supply or retail sale of alcoholic and alcohol-containing products without properly executed shipping documents, without a certificate of conformity for each product name, without a certificate for the cargo customs declaration or without a copy thereof with original seal impressions of the previous owner (for imported alcoholic products) or without a certificate for bill of lading (for domestic alcoholic products), as well as the supply or retail sale of alcoholic and alcohol-containing products in containers and packaging that do not comply with the requirements established by law - shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles with confiscation of the alcoholic beverages and alcohol-containing products; for legal entities - from forty thousand to fifty thousand rubles with confiscation of alcoholic and alcohol-containing products.
- 3. Violation of other rules for the retail sale of alcoholic and alcohol-containing products - entails the imposition of an administrative fine on officials in the amount of three thousand to four thousand rubles with or without confiscation of alcoholic and alcohol-containing products; for legal entities - from thirty thousand to forty thousand rubles with or without confiscation of alcoholic and alcohol-containing products.
- 4. Violation of restrictions on the retail sale of beer and drinks made on its basis - entails the imposition of an administrative fine on officials in the amount of two thousand to three thousand rubles with or without confiscation of beer and drinks made on its basis; for legal entities - from twenty thousand to thirty thousand rubles with or without confiscation of beer and drinks made on its basis.1
Citizens can purchase weapons legally in connection with an award, gift or inheritance.
Award weapons are weapons received by employees of state paramilitary organizations on the basis of an order from the heads of these organizations, as well as weapons received by citizens of the Russian Federation on the basis of a decree of the President of the Russian Federation, a resolution of the Government of the Russian Federation, award documents of heads of foreign states and heads of government of foreign states.
The internal affairs bodies at the place of residence issue permission to store and carry award-winning weapons.
It is important to note that it is impossible to use for awarding weapons that allow firing in bursts, as well as weapons prohibited by the Federal Law “On Weapons” for circulation on the territory of the Russian Federation. The recipients will not receive permission to own such weapons.
The donation of weapons is carried out under an agreement, which can be oral or written. Under a gift agreement, one party (donor) transfers or undertakes to transfer ownership of weapons to the other party (donor) free of charge.
The donation agreement is carried out in writing, with the exception of the agreement on the donation of weapons, which are not subject to registration and which are purchased without a license. However, for weapons that are not subject to registration and are acquired without a license, a written contract is required in the following three cases: if the value of the gift does not exceed five minimum wages established by law, if the donor is a legal entity, and if the contract contains a promise of a gift in the future. In the above situations, an oral agreement will be considered void from the moment it is drawn up.
A gift agreement will also be void if it provides for the transfer of weapons to the donor after the death of the donor or if the type of weapon and the rights to own it are not specified in the agreement. If there is a counter transfer to the donor of any thing in exchange for a weapon, such an agreement can only be carried out according to the rules of an exchange agreement, and the transfer of a weapon to the donee after the death of the donor is carried out according to the rules of civil inheritance legislation.
Only weapons registered with the internal affairs bodies can be donated and only to a person who has a license to purchase civilian weapons. However, registration and license are not required when donating mechanical sprayers, aerosols or other devices containing a tear or irritant. domestic production, air guns with muzzle energy no more than 7.5 J and caliber 4.5 mm.
Self-defense weapons can be donated to a person who has a license to purchase them, while sporting and hunting long-barreled firearms and hunting Airguns is subject to gift only to citizens of the Russian Federation who have hunting tickets or membership hunting cards and a license to purchase these weapons.
Hunting firearms with rifled barrel can be presented only to citizens of the Russian Federation who have been granted the right to hunt in accordance with the established procedure, provided that they are engaged in professional activity related to hunting, or have owned a smooth-bore long-barreled hunting firearm for at least five years.
The specified citizens have the right to receive such weapons as a gift, provided that they have not committed offenses related to violation of the rules of hunting, production of weapons, trade in weapons, sale, transfer, acquisition, collecting or exhibiting, accounting, storage, carrying, transportation, transportation and the use of weapons. The donation will be illegal firearms with a rifled barrel to a person who already owns five units of the specified weapon or five units of smooth-bore long-barreled firearms.
Donations are prohibited (with the exception of weapons, which are not subject to registration and are purchased without a license) on behalf of minors and citizens recognized as incompetent by their legal representatives; as well as employees of medical, educational institutions, institutions social protection and other similar institutions by citizens who are there for treatment, maintenance or education, or their spouses and relatives.
Such gifts cannot be given to civil servants and employees of municipal bodies in connection with their official position or in connection with the performance of their official duties, as well as if this is related to relations between commercial organizations. This prohibition on donating to specified persons and under specified circumstances also applies to weapons that are not subject to registration and are acquired without a license if its value exceeds five minimum wages established by law, as well as to persons who, in accordance with the law, do not have a license to purchase weapons. issued. These may be persons under 18 years of age, who have a criminal record for committing an intentional crime, who are serving a sentence for a crime, or who have committed it again within a year. administrative offense threatening public order or established order management.