Firearms donation agreement sample. Form of gift agreement between individuals
Civilian weapons include weapons for sports, self-defense and hunting.
Donation 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.
The Civil Weapons Donation Agreement must indicate the brand of the weapon, its caliber, the weapon number and the year of manufacture.
An individual has a number of legal restrictions. Thus, weapons for sports and hunting can be donated only to those citizens Russian Federation who has hunting tickets or membership hunting cards and a license to purchase these weapons, while self-defense weapons can be gifted to a person licensed to purchase them.
A citizen who receives a weapon as a gift must register it with the internal affairs bodies at his place of residence within two weeks. To register a gifted weapon, it is necessary to submit to the internal affairs bodies a weapon passport and a duplicate of the license with a note from the internal affairs body about receiving the weapon as a gift. The weapon itself is presented simultaneously with registration to verify the license plate data and check its technical condition.
After registering a weapon, the internal affairs bodies issue a permit to store and carry this weapon.
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sample contract for donation of civilian weapons
Agreement on the donation of civilian weapons
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Certificate of acceptance and transfer of weapons (annex to the agreement on the donation of civilian weapons)
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Application for a license to carry out activities for the development, production, testing, storage, repair and disposal of civilian and service weapons and main parts of firearms, trade in civilian and service weapon and main parts of firearms
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Civilian weapons donation agreement
1. THE SUBJECT OF THE AGREEMENT
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<1>
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2. PROCEDURE FOR TRANSFER OF WEAPONS
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
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4. FINAL PROVISIONS
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Donation agreement
DONATION AGREEMENT
1. THE SUBJECT OF THE AGREEMENT
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
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3. OTHER CONDITIONS
Sample weapon donation agreement
donations of civilian weapons
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(name or full name)
on the basis of _____________________________________________________, on the one hand,
and ___________________________________, hereinafter referred to as___ "Done",
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(name or full name)
represented by _______________________________________________________, acting__
on the basis of _____________________________________________________, on the other hand
(Charter, regulations, power of attorney, etc.)
the parties, collectively referred to as the "Parties", have entered into this Agreement
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Muzzle energy: ______________________________________________.
Manufacturer (country): ________________________________________.
An identification number: ______________________________________.
Passport (series, number, date of issue): __________________________.
(individual features: inlays, inscriptions, etc.)
1.2. The cost of the transferred Weapons is _____ (__________) rubles.
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1.3. The transfer of Weapons is formalized by signing the acceptance certificate ____________________, drawn up in two copies, one for each Party.
1.4 The Donor guarantees that the transferred Weapon belongs to him by right of ownership, is not the subject of a pledge, is not in dispute and is not under arrest.
1.5. The donee presented a license (permit) from the internal affairs bodies for the acquisition (storage) of weapons and ammunition from "__"________ ____ city N _____, issued by ____________________<2>.
1.6. Along with the Weapons, the following documents and accessories are transferred: _____ _____________________________, as well as ammunition in the amount of __________.
1.7. The parties are aware of the contents of Art. 20 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons", Part 4 of Art. 20.8, art. 20.11, 20.13 Code of the Russian Federation on Administrative Offenses, Art. 222 of the Criminal Code of the Russian Federation.
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2.2. The weapon is transferred to the Done at the location of ___________________ (Donor/Done), located at the following address: ________________.
(Option, if clause 2.2 of this Agreement stipulates that the Weapons are transferred to the location of the Donor:
Delivery of the Weapon to the Done, located at the following address: _________________________, is carried out by the Donor.)
3.2 The Donor has the right to demand compensation for actual damage caused by the Donee’s refusal to accept the Weapon as a gift.
3.3. The donee is obliged to register the Weapon with the internal affairs bodies in accordance with the legislation of the Russian Federation.
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4.1.1. The donee is obliged:
Submit an application to the internal affairs bodies at the place where the Weapon is registered in the form established by the Ministry of Internal Affairs of the Russian Federation;
Have a license to acquire, collect or display the relevant weapons, or have permission to possess or store and carry such weapons.
4.1.2. Registration (re-registration) of weapons received as a gift is carried out by internal affairs bodies in accordance with federal legislation on the basis of documents confirming the legality of the gift.
4.2. The Agreement is drawn up in two copies, one for each Party.
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4.3. Details and signatures:
Address: _____________________________ Address: _____________________________
OGRN _______________________________ OGRN ________________________________
TIN ________________________________ TIN ________________________________
Checkpoint ________________________________ Checkpoint ________________________________
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Account ________________________________ Account ________________________________
at ___________________________________ at ___________________________________
C/s ________________________________ C/s ________________________________
BIC ________________________________ BIC ________________________________
OKPO _______________________________ OKPO ________________________________
(signature) (full name) (signature) (full name)
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<1>In accordance with Art. 3 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons”, civilian weapons include weapons intended for use by citizens of the Russian Federation for self-defense, for sports and hunting, as well as for cultural and educational purposes. Civilian firearms must exclude burst fire and have a magazine (drum) capacity of no more than 10 rounds. The magazine (drum) capacity limitation does not apply to sporting weapons; requirements for components which are determined by the rules of sports and (or) regulations (regulations) on sports competitions adopted by all-Russian sports federations, accredited in accordance with the legislation of the Russian Federation, for one or more sports related to the use of sporting weapons. When using civilian firearms limited damage the possibility of firing cartridges from it, including projectile equipment used for firing from a combat handgun, must be excluded small arms, official rifled weapons and smooth-bore firearms, civilian rifled weapons and smooth-bore long-barreled firearms. Muzzle energy when fired from civilian smooth-bore long-barreled weapons with cartridges traumatic effect should not exceed 150 J, and from civilian firearms of limited destruction - 91 J. Civilian weapons and ammunition for them must comply with the forensic requirements established federal body executive power, carrying out the functions of developing and implementing public policy and legal regulation in the field of internal affairs, and agreed with the federal executive body performing the functions of providing public services, managing state property in the field of technical regulation and metrology.
Civilian weapons are divided into:
1) self-defense weapon:
smooth-bore long-barreled firearms with cartridges for them, including cartridges with traumatic effect;
firearms of limited destruction (pistol, revolver, firearms without a barrel domestic production) with cartridges of traumatic action, cartridges of gas action and cartridges of light and sound action;
gas weapons: gas pistols and revolvers, including cartridges for them, mechanical sprayers, aerosol and other devices equipped with tear or irritant substances, authorized for use by the federal executive body exercising the functions of developing state policy and legal regulation in the field healthcare;
electroshock devices and spark gaps of domestic production, having output parameters corresponding mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation;
2) sports weapons:
firearms with rifled barrel;
pneumatic with muzzle energy over 3 J;
3) hunting weapon:
long-barreled firearm with a rifled barrel;
long-barreled smooth-bore firearms, including those with a rifled part length not exceeding 140 mm;
long-barreled combined firearms (rifled and smooth-bore), including those with interchangeable and inserted rifled barrels;
pneumatic with muzzle energy no more than 25 J;
4) signal weapons;
5) edged bladed weapons, intended to be worn with a Cossack uniform, as well as national costumes the peoples of the Russian Federation, whose attributes are determined by the Government of the Russian Federation;
6) weapons used for cultural and educational purposes:
weapons of cultural value;
ancient (antique) weapons;
copies of ancient (antique) weapons;
replicas of ancient (antique) weapons;
<2>According to Part 4 of Art. 20 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons”, the donation and inheritance of civilian weapons registered with the internal affairs bodies are carried out in the manner determined by the legislation of the Russian Federation, if the heir or the person in whose favor the donation is made has a license for the purchase of civilian weapons.
Civilian weapons donation agreement
Sample document:
AGREEMENT N _____ donation of civilian weapons
We refer to___ hereinafter as the “Donor”, represented by ____________________, acting___ on the basis of ____________________, on the one hand, and ____________________, hereinafter referred to as the “Done”, represented by ____________________, acting___ on the basis of ____________________, on the other hand, collectively referred to as the “Parties”, and individually the “Parties” have entered into this Agreement (hereinafter referred to as the Agreement) as follows.
1. THE 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:
Muzzle energy: ______________________________________________.
Manufacturer (country): ________________________________________.
An identification number: ______________________________________.
Passport (series, number, date of issue): __________________________.
1.2. The cost of the transferred weapons is _____ (__________) rubles.
1.3. The transfer of weapons is formalized by signing the acceptance certificate ____________________, drawn up in two copies, one for each of the Parties.
1.4 The donor guarantees that the transferred weapon belongs to him by right of ownership, is not the subject of a pledge, is not in dispute and is not under arrest.
1.5. The donee presented a license<1>(permission) from internal affairs bodies to purchase (storage) weapons and ammunition from “__”___________ ____ city N _____, issued by ____________________.
2. PROCEDURE FOR TRANSFER OF WEAPONS
2.1 Weapons are transferred within _____ days from the date of signing the Agreement.
2.2. The weapon is transferred to the Done at the location of ____________________ (Donor/Done), located at the following address: _________________________.
2.3. Option, if clause 2.2 of the Agreement stipulates that the weapon is transferred at the location of the Donor:
The delivery of weapons to the Done, located at the following address: _________________________, is carried out by the Donor.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The recipient has the right to refuse it at any time before the gift is transferred to him. In this case, the Agreement is considered terminated. Refusal of a gift must be made in writing.
3.2 The Donor has the right to demand compensation for actual damage caused by the Donee’s refusal to accept the weapon as a gift.
4. FINAL PROVISIONS
4.1. The agreement comes into force from the moment of state registration of weapons.
4.2. The Agreement is drawn up in two copies, one for each of the Parties.
4.3. Details and signatures:
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<1>According to Part 4 of Art. 20 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons”, the donation and inheritance of civilian weapons registered with the internal affairs bodies are carried out in the manner determined by the legislation of the Russian Federation, if the heir or the person in whose favor the donation is made has a license for the purchase of civilian weapons.
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Donation agreement
DONATION AGREEMENT
1. THE SUBJECT OF THE AGREEMENT
1.1. The Donor undertakes to transfer to the Donee the property (hereinafter referred to as the “Gift”) specified in the application into ownership.
1.2. Appendix No. is an integral part of this agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Donor undertakes, within the period from the moment of signing this agreement, to transfer to the Donee the property specified in Appendix No. The transfer of property is carried out at the place of residence of the Donee.
2.2. The recipient has the right to refuse it at any time before the gift is transferred to him. The Donee's refusal of the gift must also be made in writing. In this case, the gift agreement is considered terminated from the moment the Donor receives the refusal.
2.3. The donor has the right to refuse to fulfill this agreement if, after the conclusion of the agreement, property or Family status or the state of health of the Donor has changed so much that the execution of the contract under new conditions will lead to a significant decrease in his standard of living.
2.4. The Donor has the right to cancel the donation if the Donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the Donor.
2.5. The donor has the right to demand judicial procedure cancellation of a donation if the Donee's handling of the donated item, which represents great non-property value for the Donor, creates a threat of its irretrievable loss.
2.6. The Donor has the right to cancel the donation also if he survives the Donee.
3. OTHER CONDITIONS
3.1. This agreement comes into force from the moment it is signed by the Parties and is terminated by proper execution.
3.2. This agreement is drawn up in two copies - one for each Party.
3.3. All changes and additions to this agreement must be in writing and signed by the Parties.
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Donation agreement
A gift agreement is an agreement under which the Donor party gratuitously transfers or undertakes to transfer certain property to the other party, the Donee, or releases or undertakes to release her from property obligations. As follows from the definition, a gift agreement is: gratuitous in all cases, real and consensual, depending on the specific agreement.
In the latter case, the gift agreement gives rise to an obligation to transfer certain property to the donee at a time that does not coincide with the moment of conclusion of the agreement, that is, in the future. The differences between a real and a consensual gift agreement are great, because they affect all aspects of the legal relationship between the donor and the donee. Based on this, almost all the norms and provisions of Chapter 32 of the Civil Code of the Russian Federation regulate either only real gift agreements or promises to donate, and the number of general rules that apply to all types of gift agreements is minimal. The only thing that unites all types of gift agreements is that they are gratuitous.
Gratuitousness, as the main qualifying feature of a gift agreement, does not mean that the donee is free from any property obligations; the transfer of a gift can be conditioned by various circumstances: the obligation to use the gift for generally beneficial purposes, the donor can also transfer a house to the donee, but stipulate for himself the right to use one of the rooms and other. A gift agreement may provide for reciprocal obligations of the donee. From this we can conclude that the gift agreement is generally unilateral, but in some cases it can also be mutual.
The subject of a gift agreement can be any thing that has not been withdrawn from circulation, including such specific things as money and securities. Donating things that are restricted in circulation (for example, hunting weapons) should not violate their special legal regime, i.e., the donee can only be a person authorized to own the relevant thing (for example, a member of a hunting society or a licensed commercial hunter).
Property rights that are the subject of a donation can have both an obligatory (claims) and a proprietary nature. It must be borne in mind that some property rights cannot be alienated at all, for example, claims for alimony or compensation for harm caused to life or health. The grant of rights in relation to third parties occurs in the form of their assignment of assignment, in compliance with the norms of the Civil Code of the Russian Federation.
The subject of the gift agreement must be formally defined by indicating a specific thing, right or exemption from a specific obligation. Otherwise, the contract containing the promise to donate is considered not concluded. The absence in the law of a similar rule devoted to a real gift agreement is explained by the fact that its subject inevitably becomes determined for the parties already at the time of transfer, i.e., even at the conclusion of the agreement.
The parties to the gift agreement are the donor and the donee. Citizens, legal entities and the state can act as donors and recipients. Moreover, the state can act as a donor without restrictions, but it can act as a donee only in a donation agreement.
The form of the gift agreement is determined by its subject, subject composition and price. 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.
Special requirements for the form of an agreement for the gift of rights in relation to third parties (assignment of a claim), as well as a gift in the form of exemption from obligations to third parties by transferring a debt, are established by Articles 389 and 391 of the Civil Code of the Russian Federation.
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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. The procedure for state registration of a gift transaction As already mentioned, the state registration of the agreement 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; an agreement where the party is a legal entity and the value of the gift is more than 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 of the Russian Federation who have registered individual models of combat edged bladed weapons (daggers) received by inheritance, by the federal executive body authorized in the field of arms trafficking, or its 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 dated December 30, 2012, state registration a gift transaction is necessary only in cases where the gift is real estate (houses, apartments, land plots, garages, etc.), and the gift agreement itself was 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.
Civil legislation declares that, regardless of the object and content of the find, the finder of a lost thing is obliged to immediately notify the person who lost it, the owner of the thing or any other person known to him who has the right to receive it, and return the found thing to this person. If the person who has the right to demand the return of the found item or his whereabouts are unknown, the person who found the item is obliged to report the find to the police or authority local government. The person who finds the thing has the right to keep it or deposit it with the police, a local government body or a person indicated by them (Clause 1 of Article 227.228 of the Civil Code of the Russian Federation). If within six months from the moment of discovery the owner of the thing is not found, then it becomes the property of the person who found it.
Legal entities and citizens are prohibited from storing and using firearms found by them or transferred to them, of which they are not the owners. Such weapons are subject to immediate surrender to the internal affairs bodies.
For example, if citizen Petrov A.A. I accidentally discovered a package with a PM pistol near the entrance of my house; his most logical and absolutely correct action in everyday life was to contact the local police officer, who was obliged to accept his application. The application can also be submitted orally. In this case, the local or duty police department of the district where Mr. Petrov A.A. would apply, registers the application in the prescribed manner in the “Book of Registration and Appeals of Citizens.” At the same time, Petrov A.A. will be obliged to give appropriate explanations about the object, time, place and other circumstances of the find. The find itself is placed in the duty service of the Internal Affairs Directorate and stored there until all the circumstances of the case are finally resolved (to whom it previously belonged, how it could have ended up at the place where it was found, when and under what conditions it could have been used, etc.). Only in this case will the citizen be considered to have fulfilled the corresponding obligation, otherwise, if the fact of concealment by A.A. Petrov is revealed. information about his find, he will be held accountable.
In addition, we note that acts are repeatedly adopted on the territory of our state providing for the possibility of payment for each unit of weapons handed over by citizens (these acts specifically stipulate the types, model and date of manufacture of the weapons accepted, for example, hunting weapons illegally in the possession of citizens or weapons from the times of the Great Patriotic War war).
Donation and inheritance of civilian weapons registered with internal affairs bodies are carried out in the manner determined by the legislation of the Russian Federation. Donation relations are regulated by the provisions of Chapter. 32 of the Civil Code of the Russian Federation. If a weapon is given as a gift, the donor must ensure that the recipient has a license to purchase a weapon. If the recipient does not possess it, and refusal of the gift in this situation cannot be a solution to the problem, it can be formalized in the manner specified in the first chapter this book. The donation is considered invalid, and the corresponding agreement is invalid if the recipient of the weapon refuses to complete the documents required by law. The donation of weapons must be formalized in writing, followed by notification of the concluded agreement to the internal affairs bodies. The notification indicates from whom and to whom the weapon is being transferred, indicating its individualizing properties: type, model, weapon and barrel numbers, date of issue; details of the documents of the participants in the donation agreement, certifying the right to store and purchase weapons. For example, in the declarative part of the notification the following text may be placed: “I, Petrov A.A., born in 1982, registered at the address N-sk, st. Lenina, 12, apt. 18, passport series No., license for storing weapons series No., I transfer on the basis of donation agreement No. 1 dated 01.01.2006 I to Ivanov I.I. I own a hunting rifle MTs21-12 cal. 12/70, 2003, issue No. 035696.”
When receiving a weapon as a gift, a citizen becomes its full owner, and therefore assumes appropriate obligations to ensure its safety and safe use.
The weapon that belonged to the testator is included in the inheritance and is inherited on the general basis established by the Civil Code of the Russian Federation. Thus, this category of things is equalized with things that are freely in circulation, but this is where their equalization ends.
A notary, having accepted an application for a certificate of inheritance, must explain to the heir that he can use the inherited weapon only after receiving a special permit (license) for it. The procedure for obtaining such permission is established by relevant laws; before obtaining such permission, measures must be taken to protect the weapons included in the inheritance. If the notary becomes aware that the inheritance includes weapons, he notifies the internal affairs authorities about this. All documents mentioned in this paragraph are drawn up in writing with the obligatory familiarization of the heir with their contents. The latter makes a mark on them in the following sample: “to me, A. A. Petrov, the nature and sequence of actions in relation to what was acquired by inheritance hunting rifle 21-12 cal. 12/70,2003 issue No. 035696 notaries Ivanov I.I. explained." In addition, the notary must take all measures to ensure the safety of the weapons in his temporary custody. The latter, in particular, boil down to transferring him to the duty station of the police department of the area of location. The procedure for handing over weapons for temporary storage is similar to the procedure for registering a find. Along with this, the notary is obliged to notify the heirs of the location of the inherited property and transfer to their disposal a copy of the notification coupon.
So, in particular, in the event of the death of the owner of a civilian weapon before the issue of inheriting property is resolved and a license to purchase civilian weapons is obtained, the specified weapon is immediately confiscated for safekeeping by the internal affairs bodies that registered it (Article 20 of the Federal Law “On Weapons”). Military and service weapons are subject to confiscation.
It is necessary for the heir to obtain special permission in order for the property he inherits to remain his by right of ownership.
The issuance of a special permit to the heir may be refused. The grounds for refusal to issue a permit are similar to the grounds for refusal to issue a license. Refusal to issue a permit must always be motivated; a decision to refuse is made only in cases specified by law. The refusal of the relevant authorities to issue such permission to the heir may be appealed in court.
If the heir has not received permission for the weapon that was transferred to him along with other inherited property, then such property cannot belong to him. If the heir is refused to issue the said permit, his right of ownership to weapons, as well as to potent and toxic substances, narcotic and psychotropic drugs and other limited negotiable items are subject to termination (paragraph 2, paragraph 2, article 1180 of the Civil Code of the Russian Federation).
If, on the grounds permitted by law, a person owns property that by virtue of law cannot belong to him, this property must be alienated by the owner within a year from the moment the right of ownership to the property arises, unless a different period is established by law. In our case, the role of owner will be played by the corresponding structural units internal affairs bodies, whose competence includes monitoring the circulation of firearms. The corresponding withdrawal occurs in the manner described in subsection 1.4.
In cases where the property is not alienated by the owner within the established time frame, such property, taking into account its nature and purpose, by a court decision made upon application government agency or a local government body, is subject to forced sale with the transfer of the proceeds to the former owner or transfer to state or municipal ownership with compensation to the former owner for the value of the property determined by the court. In this case, the costs of alienation of property are deducted (Article 238 of the Civil Code of the Russian Federation).
Legal entities and citizens of the Russian Federation when they receive civilian weapons and ammunition as a gift or by inheritance are obliged:
1) 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 Russia;
2) 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 or inheritance is carried out by internal affairs bodies in accordance with federal legislation on the basis of documents confirming the legality of the gift or inheritance.
Donation and inheritance of combat short-barreled hand-held award weapons are not allowed.
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, aerosol and other devices equipped with a tear or irritant of domestic production, pneumatic weapons with a muzzle energy of no more than 7.5 J and a caliber of 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 can be given only to citizens of the Russian Federation who have hunting tickets or membership hunting tickets and a license to purchase this weapon.
Hunting firearms with a 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. It will be unlawful to give a firearm 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.
You cannot give such gifts to government officials and government officials municipalities in connection with their official position or in connection with the performance of their official duties, as well as if this is related to the relationship 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.
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; on 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