Rivalut

Concept and legal regulation of the competition


Civil Code of the Russian Federation (part two) dated January 26, 1996 N 14-ФЗ
(Ed. dated 03/18/2019, with change of 03/03/2019)

Chapter 56. Public promise Awards

Article 1055. Responsibility to pay a reward

1. The person who announced publicly about the payment of monetary remuneration or issuing other Awards (about paying awards) to the one who specified in the announcement in the period specified in it, is obliged to pay the promised award to anyone who has committed the corresponding action, in particular, found the lost thing or informed the person, Announced the reward necessary information.

2. The duty to pay the award arises, provided that the promise of award allows Install who she is promised. The person responded to the promise is entitled to demand a written confirmation of the promise and is risk of the consequences of the failure of this requirement if It turns out that in reality the announcement of the award was not made by the person specified in it.

3. If the reward is not specified in the public promise, it is determined by Agreement with the face promising award, and in the case of a dispute court.

4. The duty to pay the award arises regardless of whether Appropriate action in connection with the announcement made or regardless of it.

5. In cases where the action specified in the ad has committed several persons, the right to Obtaining award acquires that of them, which made the appropriate action first.

If the action specified in the ad is performed by two or more faces and is impossible determine which of them made the appropriate action first, as well as if The action is committed by two or more persons at the same time, the reward is divided between them Porovna or in another stipulated agreement between them.

6. Unless otherwise provided in the announcement of the award and does not flow out of nature specified in it, the correspondence of the accomplished action contained in the ad Requirements are determined by the person who has publicly promised the award, and in the case of a dispute court.

Article 1056. Cancellation of a public promise award

1. The person who announced publicly about the payment of awards is entitled to refuse to refuse This promise, except when the announcement itself provides or out of it It implies the inadmissibility of refusal or is given a certain period for performing the action, for which is promised to the reward, or by the time the announcement of the refusal is one or more The respondents have already fulfilled the action specified in the announcement.

2. Cancellation of a public promise Award does not exempt who announced the award from Reimbursement to the excernts of expenses incurred by them due to the commission of the specified in Announcement of action, within the award specified in the announcement.

Chapter 57. Public Competition

Article 1057. Organization of a public competition

1. The person who announced publicly about the payment of monetary remuneration or issuing other Awards (about paying awards) for the best performance or achieve other results (Public Competition), must pay (issue) due to the award to the one who According to the terms of the competition recognized by its winner.

2. The public competition should be aimed at achieving any social Useful goals.

3. Public competition can be open when the proposal of the organizer of the competition To take part in it is drawn to all those who want to ads in print or other media or closed when the offer to take part in the competition Heads a certain circle of persons on choosing the organizer of the competition.

Open Competition may be due to its preliminary qualifications participants when the organizer of the competition holds a preliminary selection of persons wishing Accept participation in it.

4. The announcement of a public competition must contain at least conditions providing for the creature of tasks, criteria and procedure for assessing the results of work or other achievements, place, term and order of their presentation, size and form of award, as well as order And the timing of the announcement of the results of the competition.

5. To a public competition containing a commitment to conclude a contest with the winner The contract, the rules stipulated by this chapter are applied to the postol. Articles 447 - 449 of this Code (the text of these articles is shown below - approx.rivalut.com) is not provided otherwise.

Article 1058. Change conditions and cancellation of a public competition

1. The person who announced a public competition is entitled to change its conditions or cancel Competition only during the first half of the deadline established for presentation.

2. The notice of changing the conditions or cancellation of the competition must be done in the same The way that the competition was declared.

3. In case of changing the conditions of the competition or its abolition, the person who announced the competition, must compensate the costs incurred by any person who has fulfilled Announcement of work before it became or should have become aware of the change in conditions Competition and his cancellation.

The person who announced the competition is exempt from the obligation to reimburse expenses if prove that the specified work was not fulfilled in connection with the competition, in particular before Announcements about the competition, or knowingly did not meet the conditions of the competition.

4. If, when changing the conditions of the competition or with its cancellation, the requirements were violated, listed in paragraphs 1 or 2 of this article, the person who announced the competition must pay Award to those who have completed work satisfying the conditions specified in the declaration.

Article 1059. Decision on the payment of awards

1. The decision to pay the awards must be made and reported to the participants of the public

Competitions in the order and deadlines that are established in the announcement of the competition.

2. If the results specified in the declaration are achieved in the work performed jointly two or more persons, the reward is distributed in accordance with the achieved between them Agreement. In case such an agreement is not achieved, distribution procedure Awards is determined by the court.

Article 1060. Using works of science, literature and art, Awarded awards

If the subject of the public competition is the creation of the work of science, literature or the art and conditions of the competition are not provided for other, the person who announced the public Competition, acquires preferential right to conclusion with the author of the work, awarded awarded award, contract for the use of a work with payment to him For this appropriate remuneration.

Article 1061. Returns to the participants of the public contest

The person who announced a public competition is obliged to return to the participants of the work contest, not awarded awards, unless otherwise provided by the announcement of the competition and does not follow from The nature of the work performed.

Articles of the Civil Code of the Russian Federation, which were mentioned above:

Article 447. Conclusion of a contract at auction

1. The contract unless otherwise follows from its being, can be concluded by conducting trading. The contract is concluded with the person who won the bidding.

2. As an organizer of a bidding, the owner of the thing, the owner of another property right to her, another person who is interested in concluding a contract with those who Won auction, as well as a person acting on the basis of a contract with these persons and acting on their behalf or on his own behalf, unless otherwise provided by law (notary, Specialized organization, etc.).

(p. 2 as amended by Federal Law of 08.03.2015 N 42-FZ) 3. In cases specified in this Code or other law, contracts for the sale of things

or property rights can only be concluded through trading.

4. Bidding (including electronic) are held in the form of auction, competition or other Form provided by law.
(as amended by Federal Law of 08.03.2015 N 42-FZ)

Woning auction at auction is recognized as a person who offered the highest price, and According to the competition - a person who is on the conclusion of a competitive commission in advance appointed The organizer of the Bid, offered the best conditions.

Form of auction is determined by the owner of the selling things or owner realized property law, unless otherwise provided by law.

5. Auction and competition in which only one participant participated is recognized failed. Other grounds for the recognition of trades failed to be established law.
(as amended by Federal Law of 08.03.2015 N 42-FZ)

6. The rules stipulated by Articles 448 and 449 of this Code are also applied to the trading held in order to conclude contracts for the purchase of goods, execution work, provision of services or the acquisition of property rights, unless otherwise established by law Or does not follow from the creature of the relationship.

to organized trading Rules provided for in Articles 448 and 449 of this Code, do not apply if otherwise not established by law.
(p. 6 as amended by Federal Law of 08.03.2015 N 42-FZ)

Article 448. Organization and procedure for trading

(as amended by Federal Law of 08.03.2015 N 42-FZ)

1. Auctions and contests can be open and closed. In the open auction and An open competition can participate any person. In a closed auction and closed competition Only persons specially invited for this purpose are involved.

2. Unless otherwise provided by law, the notice of trading should be Published by the Organizer no later than thirty days before they are held. Notice must contain information about the time, place and form of trading, about their subject, about existing

burdens for the sale of property and on the procedure for conducting trading, including registration of participation in the auction, the definition of a person who won the bidding, as well as information about Initial price.

3. Terms of the contract concluded on the results of the auction are determined by the organizer Trading and should be indicated in the notice of trading.

4. Unless otherwise provided in the law or in the notice of trading, the organizer open bid, published notice, has the right to abandon the auction in any time, but no later than three days before the date of its holding, and from Competition - no later than thirty days before the competition.

In case the open auction organizer has refused to conduct them with violation Specified deadlines, it is obliged to refund the participants suffered by them real damage.

The organizer of a closed auction or a closed competition is obliged to compensate the invitation they participants are real damage no matter what time after the direction Notifications followed a refusal of trading.

5. Trading participants make a deposit in the amount of time and in the manner specified in Notice of bidding. If the bidding did not take place, the deposit is subject to return. Deposit It also returns to persons who participated in the auction, but did not benefit them.

When concluding a contract with a person who won the trading, the amount of the deposit It is counted on the execution of obligations under the concluded contract.

unless otherwise established by law, the obligations of the organizer and bidders The conclusion of a bidding agreement can be provided with an independent warranty.

6. Unless otherwise established by law, the person who won the bidding, and the bidding organizer Sign on the day of the auction or competition Protocol on the results of trading, which It has the power of the contract.

The person declining the signing of the protocol is obliged to compensate Losses in a part exceeding the size of the provisions provided.

If, in accordance with the law, the conclusion of the contract is possible only by conducting trading, when evasion of the organizer of trading from the signing of the protocol, the winner of the auction has the right go to court with a requirement to conclude a contract as well as compensation losses caused by evasion from its conclusion.

7. If, in accordance with the law, the conclusion of the contract is possible only by conducting trading, the winner of the auction is not entitled to give up rights (except for the requirements of the monetary obligation) and transfer the debt on the obligations arising from the concluded on Trucks of the contract. Obligations for such a contract must be executed by the winner of the auction Personally, if otherwise not established by law.
(p. 7 as amended by Federal Law of July 26, 2017 N 212-FZ)

8. Terms of the contract concluded on the results of bidding in cases where its conclusion In accordance with the law, allowed only by conducting trading, can be changed

Parties:

1) on the grounds established by law;

2) due to the change in the amount of interest for using the loan when changing the key Rates of the Bank of Russia (commensurate to such a change), if the loan agreement was at the auction (loan);

3) for other grounds, if the change in the contract does not affect its conditions that had essential to determine the price of auction.
(paragraph 8 as amended by Federal Law of July 26, 2017 N 212-FZ)

Article 449. The grounds and consequences of the recognition of trading invalid

(as amended by Federal Law of 08.03.2015 N 42-FZ)

1. Bidding carried out in violation of the rules established by law can be recognized The court is invalid on the claim of the interested person within one year from the day Bidding.

Bidding can be invalid if:

someone unreasonably was removed from participation in the auction;

At the auction, the highest proposed price was not adopted;

Sale was produced previously specified in the notice of the term;

other essential violations of the order of trading were admitted incorrect definition of the sale price;

other violations of the rules established by law were allowed. (paragraph 1 as amended by Federal Law of 08.03.2015 N 42-FZ)

2. Recognition of trading invalid entails the invalidity of the contract, concluded with the person who won the bidding and the use of the consequences provided for by the article 167 of this Code.
(as amended by Federal Law of 08.03.2015 N 42-FZ)

3. Expenses of the Organizer of Bidding, related to the use of implications of invalidity trading and the need for repeated trades are distributed between persons Allowed violations, entailed recognition of trading invalid.
(p. 3 introduced by Federal Law of 08.03.2015 N 42-FZ)

Article 449.1. Public trading

(introduced by Federal Law of 08.03.2015 N 42-FZ)

1. Under public trading means trading held in order to execute the decision ships or executive documents in the order of enforcement proceedings, as well as in other Cases established by law. The rules provided for in Articles 448 and 449 of this

Code, apply to public trading, unless otherwise established by this Code and procedural legislation.
(as amended by Federal Law of 07/03/2016 N 354-FZ)

2. The organizer of public bombers is the person authorized in accordance with by law or other legal act to alienate property in the order of the Executive production, as well as the state authority or local government in cases established by law.
(as amended by Federal Law of 07/03/2016 N 354-FZ)

3. Debtor, Deciders and Persons who have the rights to the property sold on the public Bidding, has the right to attend them.

4. The notice of public auction is published in the manner provided for in paragraph 2 of Article 448 of this Code, and also posted on the site organ exercising executive production or in case the organizer public bidding is the authority of state power or local government, On the site of the relevant authority.

(as amended by Federal Law of 07/03/2016 N 354-FZ) The notice must contain along with the information specified in paragraph 2 of Article 448

of this Code, indication of the owner (copyright holder) of property.

5. In public auctions, the debtor cannot participate, the organizations for which are entrusted Evaluation and implementation of the property of the debtor, and employees of these organizations, officials Persons of state authorities, local governments, whose participation in the auction may affect the conditions and results of trading, as well as family members of the corresponding individuals.

6. In the protocol on the results of public auctions must be indicated all participants Bidding, as well as suggestions about the price they made.

7. In case of non-payment by the winner of bidding of the purchase price within the prescribed period, the contract with It is considered not disconnected, and the auction is recognized as invalid. An organizer of trading as well It is entitled to demand compensation for damages caused to him.

Article 167. General provisions on the consequences of the invalidity of the transaction

1. An invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and invalid from the moment of its commission.

The person who knew or should have known about the foundations of the invalidity of an arbitrary transaction, after the recognition of this transaction, invalid is not considered to be in force.

(paragraph introduced by Federal Law of 07.05.2013 N 100-FZ)

2. With the invalidity of the transaction, each of the parties is obliged to return another all received by the transaction, and if it is impossible to return the resulting in nature (including when the property obtained is expressed in the use of the property performed or the service provided) to reimburse its cost, if other consequences of the invalidity of the transaction Not provided by law.

(as amended by Federal Law of 07.05.2013 N 100-FZ)

3. If from the being an apieved transaction implies that it can only be discontinued for the future, the court, recognizing the transaction invalid, ceases its effect for the future.

(as amended by Federal Law of 07.05.2013 N 100-FZ)

4. The court has the right to not apply the consequences of the invalidity of the transaction (paragraph 2 of this article), if their use will contradict the basics of law enforcement or morality.

Contest concept. Competitions are held to achieve the most socially useful goals - from improving performing skills Participants in artistic amateurness to increase speed.

Contests for the creation of high-quality works of science, literature and art - the best textbooks and tutorials, songs or stories, a movie on a given topic, a monument to consider the historical event, architectural structure or ensemble, are particularly important. Moral factors stimulate to optimal resolution of the competitive problem, since, thanks to the competition for the work performed, special attention is also associated and its objective public assessment is ensured. But the competition is only then able to play a stimulating role when everyone who wishes to participate in it is confident that the working and creative efforts will not disappear, and will be assessed and rewarded in accurately compliance with the advantages of the work performed and the conditions of the announced competition. This is based on civil law regulation of relationship-related relationships.

The process of their formation begins with the announcement of the competition, which comes from The organizer and addresses possible applicants. Competition suggests a wide circle of applicants, from the discretion of which participation in it and Competition between which allows you to select one or more works, Decent remuneration. The organizer undertakes to pay the promised Remuneration to the winning applicant to the competition (part 1 of Art. 439 GK). Accordingly, the applicant whose work received high recognition Acquires the right to remuneration.

so commitment based on the competition obliges the organizer to pay and Manages the applicant to receive for the represented and recognized Decent work due to remuneration.

generated Competition obligations are based, therefore, not only on his Announcement, but also at the idea of ​​the organizer of the conditioned work. And that I. Another action is one-sided transactions. But after Representations of completion of work are committed by other legal acts: Comparative evaluation of work, acceptance of an appraisal decision, payment remuneration, etc. To explore the content of competitive relations - it means To familiarize yourself with their regulation at all stages of the competition.

legal Regulation of the competition. In the GC competition is devoted to Art. Art. 439-443. Besides of that, there are departmental rules and regulations on the contests of individual species (for example, to create architectural works). Legal The power of such acts is limited to the limits in which they comply with the standards GK. The legislation on the competition also includes the Charters and Regulations on individual legal entities in that part of them in which they do Relevant organization of the competition by the Competition.

in accordance with the regulatory acts listed specific conditions Competitions are set by the organizer in the announcement of him. Thereby Announcement - not only one-sided deal, along with others legal actions generating a competitive commitment, but also The factor that has a decisive effect on the content of the associated Competition relations.

Elements of the Competitive Obligation

Subjects. The organizer of the competition can be only a state, cooperative or public organization, and since the competition is associated with civil relations, then only organizations that are legal entities are entitled to the organizer. At the same time, however, not any legal entity has such rights. They belong to organizations, the charters or the provisions of which directly provide for the opportunity to hold contests, and if there are no similar acts of such instructions, it is necessary that they are reflected in the act of public-union or republican legislation (part 3 of Art. 439 of the Civil Code). It is also clear that each separately the organization is entitled to carry out only contests, right to her permitted or not beyond its special legal capacity. It is not allowed, for example, the organization of the collective farm of the competition for a artistic work or the theater - on the textbook.

Taking on the functions of the organizer of the competition Citizen is excluded. The view is that there are no obstacles, for example, for Contest devices by the family of the monument to the creation of him, contradicts the law in which it says that the competition can be Announced only a socialist organization (part 1 of article 439 of the Civil Code). It contradicts the main principles of the Soviet civilian legislation, the meaning of which the organization would not correspond creative competition and adoption by its results authoritative solutions to a separate citizen.

as applicants are entitled act as citizens and organizations. For example, if declared Competition for the best solution to any technical task, then it can not only scientists, engineers, technicians, but also Research Institutions, Design Bureau, etc. However The content of the announcement of the competition or its own character is often indicate the admissibility of participating in it either only citizens (for example, the Competition of Readers-Declamators), or only organizations (for example, commercial teams).

Competition is designed on an indefinite circle of persons. But this does not mean that in each Competition is able to participate any person. It all depends on whether it is data necessary to fulfill a specific competitive Work. When it comes to legal entities, then it is also necessary, In order for their production or other profile to comply with Works, in connection with which the competition is held. Circle of applicants maybe be limited and in other way, for example, when conducting a competition in the limits of this scientific or educational institution, among the inhabitants a certain area, households, etc. However, at all circumstances Competition in civil-law understanding is characterized by that, no matter how limited the range of his probable participants, he must remain uncertain. A closed competition, to participate in which Are attracted by special invitations in advance certain persons, not is a competition in the sense of Art. 439 GK. He is an amount individual contracts concluded with each of the applicants who have The right to pay for the work performed regardless of the place occupied by Competit and from the adoption of an appraisal decision in general.

in the open Competition, which is meant in mind Art. 439 GK, the organizer also enters legal relations not simultaneously with all applicants, but with each of them separately. But these relationships are based on one-sided deals, and Not at contracts. At the same time, they are closely intertwined, since Open Competition always requires a comparative assessment of the presented works, and the victory of one or several of them affects The legal fate of all other results received for scene.

Object. The applicant who submitted to the competition is entitled to demand its assessment in the prescribed manner, and becoming a winner or one of them, Acquires the right to receive remuneration. Considered from the right of the applicant, the competitive commitment has its legal object appraisal activities of the organizer and the material object - Remuneration if it is due to this applicant.

Organizer performs in the arising from the Competition only as the obligated face. And only when a competition is held on the work of science, literature or art, it is managed to use award Works in the method specified in the announcement of the competition. In such cases The material object of the competitive commitment is also The victorious work, and the legal entity - the abstinence of the author from actions that impede the use of the organizer of his work, and Making the active actions necessary for such use.

Form. Competition can be declared both oral and in writing with compliance with the general rules of Art. Art. 42-44 GK. However, since it public promise awards, the announcement must be brought to universal Information in one way or another: by publishing in newspapers or magazines, messages on radio or television, publication special brochure or leaf, etc.

in part 2 tbsp. 439 GK are provided Required for this announcement details: a statement of task (the nature of the work, the basic requirements for it), its term Performance (time of delivery in the finished form), the size of remuneration (Monetary amount or cash evaluation of a broad remuneration if it is not applies from the name of the thing), the view site (exact address and The name of the organization in which the work should be presented), The procedure and period of comparative evaluation of work (the assessment of the jury appointed simultaneously with the announcement of the competition to avoid participation in it from future applicants, or without a jury - leadership organizing organization; several tours or one tour of the assessment; time acceptance of the evaluation solution and passing each round, etc.). Announcement may contain other conditions (for example, that The work won on the competition will be published, etc.) but Other conditions are not mandatory. If there is no at least one of The terms listed, the declared competition is invalid.

term. In obligations related to the competition, various dates are applied: Estimates of work, remuneration payments, etc. But the term is especially important the competition itself, who begins to flow since his announcement and Complete to the moment set in the declaration. The importance of this period for the applicant is due to the fact that only within its limits is allowed The presentation of the work that binds the organizer to commit arising from Competition action. As for the organizer, then the title term determines the time during which it is legally connected by the announced Competition. If the work was not presented in a timely manner, competition considered to be failed because the organizer did not declare the extension his term.

Rights and obligations of the parties. Usually commitments arise and then stop as a result of the execution of the Parties to the responsibilities and the implementation of the empathy belonging to them. Stage of change for them is usually not obligatory and due to Only some special circumstances. On the contrary, obligations, associated with the competition, arising, should then change and only Subsequently stop. This is determined by the sequence the onset of those legal facts that cause the formation and The dynamics of the obligations under consideration. K. It includes: Announcement Competition, performance of work, acceptance of an appraisal decision.

Announcement The competition legally connects the organizer in a double ratio: he is not has the right to cancel the competition, which announced already done, and change Its conditions can only within the first half of the term, established for the presentation of work (for example, within the first six months with a general one year). Change Changes Competition is brought to the attention of his probable participants in the same The order in which competition was announced (Art. 440 GK). However, Change should be called a real necessity and not to concern creatures of the competition (for example, his topics), and only some conditions, For example, the volume of the work).

However, as long as The specific applicant will not submit a competitive work in compliance originally established order and deadline, he has no reason make any complaints about the cancellation or Illegal change in the contest conditions. This means that legal The consequences of the established actions of the organizer are insignificant the acts committed and participants who committed them can continue to work like this As if nothing happened. But only one who will actually submit work, acquires the right of the judicial coordination of the organizer to fulfill All obligations adopted by him on the initially announced competition. The same person in case of impossibility to achieve from the organizer of execution obligations are entitled to demand compensation for damages caused by they produced by labor and other costs, the need for which Disappeared due to the illegal actions of the organizer.

View work forms that legal fact, only with the onset of which There is a competitive commitment. Now the organizer is not just associated with the possibility of receipt of work from an indefinite circle of persons, and accurately established obligations to a specific subject, Submitted work. At the same time, there are exactly so many liabilities with The participation of the organizer, how many works are actually presented.

itself performance understanding depending on the nature of the competition can to be expressed in various forms: the result of the result achieved in materialized form (manuscript, project, model, etc.) or in form execution by the participant (singer, pianist, reader, etc.) or any other persons (for example, execution of the orchestra of music Participating in the composer competition). It is necessary only to work presented not later than the deadline and compliance with established order, which is also largely It is predetermined by the character of the competition. For example, in the competition for the best The product of the literature must be presented completed Work, and only the question about the number of copies of the manuscript, delivery them signed or under devises (encrypted notation, Allowing the author after evaluating the work), etc. Allowed in the contest conditions. If a contest is held performers, then after submitting applications and their selection must be personal Execution to the jury or other evaluating body.

work, not relevant to the announced conditions (on the topic, volume, etc.), as well as presented with a violation of the established procedure and term, to participate in the competition is not allowed, and the surrender does not impose on the organizer duties. Subject to the listed requirements of the applicant managed to evaluate the work, and the organizer is obliged to accept the estimated decision.

The estimated solution may, under the contest terms, accepted by the organizer itself or a special jury that it forms attracting major specialists in the relevant area, regardless of Places of their work. The organizer is obliged only to ensure timeliness and Compliance with the procedure established by him, report deciding specified in the announcement of the competition in the method (Art. 441 of the Civil Code), i.e. through magazine, newspaper, radio, television, or notify writing applicants. Since in an inextricable connection with the evaluation of work is The decision to pay remuneration (premiums), it is accepted simultaneously with Assessment and with the estimated conclusions is brought to applicants.

Applicants have the right to challenge in court the decision if the established procedure for its adoption (for example, in Competition under the devises The decision was made after their decoding), in depending on the nature of the violations of the court or declares the solution to be insignificant And then the organizer must repeat the evaluation procedure or if it It is impossible, obliges the organizer to compensate the loss to the applicant. For accurate compliance with the established procedure is not subject to the evaluation decision Judicial challenge. In the contest, it may be provided that The jury's decision must be approved by the organizer. Then the applicants are entitled Apply the organizer complaints on the merits of the accepted jury decision. But if there are no such instructions in the ad, and the estimated procedure is strictly Complied with the accepted jury the decision is recognized final.

As a result of such a decision, the obligations previously arising from the organizer with different applicants disintegrate into two groups.

The first includes commitments with those participants of the competition, work which premiums are not awarded. With a certain nature of the presented work (for example, performance) decision not honored Her premium, terminates the obligation to this applicant. But about works that received the material embodiment (manuscripts, drawings, etc.), There is a duty on their return, and then only after its execution obligation with the appropriate applicant can be considered Terminated. Otherwise the applicant has the right to request work in Nature, and if it is impossible, to recover damages. However B. The announcement of the competition itself may indicate that the presented Works are not returned (art. 443 g k). Then making an appraisal decision terminates the obligation with those applicants who have not won victories At the competition.

The second includes obligations with applicants, whose works are awarded. Here already the organizer is obliged to issue The premium provided for by decision, and the applicant is entitled to receive it. Like I. any other subjective civil law, the right to a premium may be implemented in court if the organizer evades Voluntary issuing it. Because after the estimated decision took place issuing award no additional conditions requires all kinds reservations (for example, that some "finished" performed Works) are not taken into account.

In the announcement of the competition, the question of premiums can be resolved in two ways.

first Possible option is to establish prizes indicating premiums, but without limiting their number for each place (for example, first, second and third place, no matter how many works occupied). This obliges the organizer to issue so much in the amount specified premiums for each place how many winners will appear as a result Estimates of the submitted works. But since such conditions put the organizer in an extremely uncertain position regarding its volume future material costs, they are almost never in practice Apply.

Usually use another option: Installed prizes indicating the size and number of premiums for each place (for example, first place - one premium size 500 rubles, and second place - Three bonuses of 200 rubles. Each). Sometimes to prizes for prize Places add internal prizes defined and size, which are rewarded work not taken prizes, but good enough to reward their work creators. If the number of winners for each place is equal to the number of premiums Or does not reach it, they all will receive award in the established amount. When the number of winners will exceed the number of premiums on this prize Place (for example, four winners came to second place), between them must be divided into equal shares the sum of all established on this Prizes sites (in the given example 600 rubles. You need to divide between Four winners with payment of each at 150 rubles).

Contests all other species except for the creation of works of science, literature and art, or not at all suggest use The organizer of the work performed (for example, a competition for sanitary The state of the hostel), or allow for applicable law Such use without any consent of the applicant (for example, a competition on rationalization offers). Therefore associated with them Obligations at all stages are built as one-sided applicants belong only rights (to evaluate the work and then to award Remuneration), and only the obligations are assigned to the organizer (evaluate work and issue a prize according to the decision taken).

Otherwise Comething with contests on the work of science, literature and art (Art. 442 GK). In these cases, the organizer arises with Mutual obligations seekers: He is obliged to pay remuneration, but it is entitled to use advanced work, but not In any way, but only stipulated in the announcement of the competition. For example, if the spectacular organization announced a competition for the stage work with the right to use it for stage on the stage It does not arise the right to edition awarded work as a literary Works.

In the form of a general rule, the premium payment does not deprive the author of the right to get for the use of his work WHO "Awarding copyright standards. But in the contest announced It may be agreed that the use of a boned work Special payment is not subject to. In the latter case, the premium in its size should not be less than the size of the authorized author fee, as to reduce the existing rates of labor remuneration authors are not permitted in any way, including through Competition. Otherwise, the author will have the right to recover from the organizer for using his work difference between the received award and copyright rates. In order, however, that the competition can perform a stimulating role, a bonus, payment of which eliminates the fee, must be larger than the amount of the remuneration that would be due copyright standards to the author for using it Works.

Sources: