Analysis of the Internal Relations of the Public Institution as the Body of Public Authority and Its Founder: In Search of New Legal Forms

The current civil legislation and practice proceed from the fact that, in addition to public legal entities, public authorities may participate in civil legal relations, which are recognized as legal entities in the organizational and legal form of the institution. The author points out that such a model of impersonation does not correspond to the prevailing economic relations. In addition, this, in his opinion, entails problems both of a theoretical nature in terms of substantiating their civil legal personality, and of an applied nature, expressed in reduced guarantees of protecting the interests of their counterparties. In order to find new approaches to civil registration of the status of public authorities, the author analyzes the internal relations that develop between a state-owned institution and its founder. Unlike corporations, their internal relations are not subject to such extensive regulatory regulation. The author notes the separate nature of such relations, among which he highlights, first of all, property relations regarding the consolidation of things on the right of operational management. At the same time, the author does not classify such a right as proprietary, since it is actually aimed at exercising the rights of the owner. In addition to the property relations between the institution and the founder, as the author writes, there are organizational relations aimed at streamlining the relations of the founder’s participation in the management of the institution’s affairs. These include the author’s relations on the adoption of provisions on the subjects in question, on determining the internal structure, on giving consent to the disposal of secured property, etc. As a result of research, the author comes to the conclusion that the relationship between a state-owned institution, which is a public authority, and the founder is of a mixed (complex) nature and consists of both property and non-property (organizational) elements. For the harmonious registration of the legal status of a public authority, the author suggests using the model of a branch of a legal entity. The author provides some suggestions for the normative implementation of his proposal.