Голубцов В.Г. Право публичной собственности: особенности правовой модели

Аннотация: The article analyses key aspects of the contemporary public property law concept. The author provides justification to the conclusion that the current legislation does not contain any basis for defining “form of property” (“form of state property”) as a separate category in civil law. However it’s necessary to admit that similar to the law on property rights of citizens and legal entities, it’s worth referring to public property right as a type of property law. According to the author, it’s a mistake to make attempts to construct a special institute (sub-institute) of public property law as a part of constitutional law along with the property rights law in civil law. The approach would mean admitting inequality in possible implementation of private property rights law (based on civil law) and public property law (based on public law), which is a direct contradiction to article 8 of the Constitution of the Russian Federation. Characterizing property as a dimension for economic and legal relations, it’s necessary to highlight dual notions such as “property relations model” in economic terms and “property rights model” in legal terms. The dissertation proposes a system of actualized approaches to the existing structural models of property relations and corresponding models of property rights. The author proposes to separate complex in structure subordination model of property relations and corresponding complex institute of public property law. Based on analysis of legislation on delineation of public property, the author draws the conclusion on the ongoing strengthening vertical integrated structure of property management. Administrative reform and delineation of mandates between different levels of public authorities will continue and will be accompanied by redistribution of property within public sector. Taking into account public law foundations of the process, it is to be implemented under special procedures, not necessarily involving institute of civil law.

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Abstract: The article analyses key aspects of the contemporary public property law concept. The author provides justification to the conclusion that the current legislation does not contain any basis for defining “form of property” (“form of state property”) as a separate category in civil law. However it’s necessary to admit that similar to the law on property rights of citizens and legal entities, it’s worth referring to public property right as a type of property law. According to the author, it’s a mistake to make attempts to construct a special institute (sub-institute) of public property law as a part of constitutional law along with the property rights law in civil law. The approach would mean admitting inequality in possible implementation of private property rights law (based on civil law) and public property law (based on public law), which is a direct contradiction to article 8 of the Constitution of the Russian Federation. Characterizing property as a dimension for economic and legal relations, it’s necessary to highlight dual notions such as “property relations model” in economic terms and “property rights model” in legal terms. The dissertation proposes a system of actualized approaches to the existing structural models of property relations and corresponding models of property rights. The author proposes to separate complex in structure subordination model of property relations and corresponding complex institute of public property law. Based on analysis of legislation on delineation of public property, the author draws the conclusion on the ongoing strengthening vertical integrated structure of property management. Administrative reform and delineation of mandates between different levels of public authorities will continue and will be accompanied by redistribution of property within public sector. Taking into account public law foundations of the process, it is to be implemented under special procedures, not necessarily involving institute of civil law.

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