применение акта гражданского законодательства (here)

English translation: provisions of a civil law regulation shall be applied

11:05 Aug 5, 2010

Russian to English translations [PRO]
Law/Patents - Law (general) / Kazakh Civil Code

Russian term or phrase: применение акта гражданского законодательства (here)

I know whan this means but can't make sense of it in this sentence.

По отношениям, возникшим до введения в действие акта гражданского законодательства, он применяется к правам и обязанностям, возникшим после введения его в действие.

This appears to mean:
In regard to relations which arose before an act of civil legislation came into operation, it is applied to those rights and obligations which have arisen since it came into operation.

But I can't see how this makes sense.

Jack Doughty KudoZ activity Questions: 609 (none open) (18 closed without grading) Answers: 10082 United Kingdom
Local time: 10:38

English translation:provisions of a civil law regulation shall be applied

Explanation:
... prior to (the date) a civil law regulation/act comes in force its provisions shall be applied to those rights and obligations which have arisen afterwards

maybe sounds awkward but conveys the essence

Selected response from:

Igor Blinov
Russian Federation
Local time: 12:38

Grading comment

Thank you.
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +3

It's like this, see below

rns

see

Michael Kislov

the Russian equivalent of an ex post facto clause

Deborah Hoffman

provisions of a civil law regulation shall be applied

Igor Blinov

the civil legislation act has been put in force

SergeLuc

Discussion entries: 4

Answers

7 mins confidence:

peer agreement (net): +3

It's like this, see below

Explanation:
1. relations, e.g. sale and purchase, arise (offer and acceptance)

2. act of civil legislation comes into operation

3. rights and obligations, e.g. receivables, arise

4. act of civil legislation shall now apple to those newly arisen rights and obligations

rns
Specializes in field
Native speaker of:

Russian
PRO pts in category: 372

22 mins confidence:

provisions of a civil law regulation shall be applied

Igor Blinov
Russian Federation
Local time: 12:38
Works in field
Native speaker of:

Russian
PRO pts in category: 231

Grading comment

Thank you.

35 mins confidence:

see

Explanation:
you are absolutely right

Michael Kislov
Russian Federation
Local time: 12:38
Specializes in field
Native speaker of:

Russian
PRO pts in category: 118

43 mins confidence:

the civil legislation act has been put in force

Explanation:
I hope this may help you

http://www.russian-civil-code.com/PartI/SectionI/Subsection1...

Article 4 (2) Civil code of the Russian Federation
2. Concerning the relations, which have arisen before the civil legislation act has been put in force, it shall be applied toward the rights and duties, which have arisen after its being put in force. The relations of the parties by the agreement, signed before the civil legislation act has been enforced, shall be regulated in conformity with Article 422 of the present Code.

SergeLuc
Russian Federation
Local time: 12:38
Works in field
Native speaker of:

Russian

55 mins confidence:

the Russian equivalent of an ex post facto clause

Explanation:
Hi Jack, I don't know if the same term/concept exists in British law, but I suspect it does as that is the origin of most US law, and we have it here.

I looked up the source of the quote, Article 4 of the Civil Code of the RF. The intent of the first sentence (the one preceding yours) is to specify that once a law is passed, its provisions cannot be applied to relations that arose before its passage. I've seen this mostly in the American criminal context, where in the past penalties could be imposed retroactively for things that weren't necessarily illegal when they were done. The prohibition of this practice was written into our constitution as the "ex post facto" clause and it can now only be done under narrow exceptions as the person penalized otherwise would have had no notice that the conduct he engaged in was subject to a legal prohibition.

My conclusion from your passage is that its first part is also making clear how the law will be applied with respect to relations arising before the law's effective date--i.e. it won't apply. It would have been clearer had the drafters specified it will *only* be applied to relations arising after the laws effective date, but for some reason they didn't do that.

The sentence after yours deals with the question of how those relations that arose before the law's effective date and are not subject to it should be handled by referring to a different section of the Code. So the passage nicely splits up how a situation should be handled under the Code depending on when the relation in question arose.

Hope that helps...

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Note added at 1 hr (2010-08-05 12:13:45 GMT)
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Technically speaking the ex post facto prohibition--here in the States at least---is only for criminal law, whereas yours is the Civil Code. I am intrigued that the Russian prohibition applies in the civil context as well. I wonder whether that reflects a difference between common law (UK-origin) and civil law (continental) systems.

Deborah Hoffman
Local time: 05:38
Specializes in field
Native speaker of: English
PRO pts in category: 75

Notes to answerer

Asker: Thank you for your explanation. This is actually the Civil Code of the Republlic of Kazakhstan, but it is based on the RF one, which I too have looked at.

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применение акта гражданского законодательства (here)

English translation: provisions of a civil law regulation shall be applied

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