On Federal Property as a Special Form of Public Property

Historically, the norms on property rights were placed in civil institutions, which were considered the only regulator of these relations. Until the beginning of the 20th century, civil law really embodied private law, it included land, labour and family law. An attempt to restore the previous situation was the development of Section “Property Law” of the Civil Code of the Russian Federation. In accordance with the Concept of the development of civil legislation, in which the right of ownership would be given a derivative role, as well as to return to the Civil Code of the Russian Federation all the norms on ownership of land and other natural resources. The Russian Civil Code ignores the constitutional features of public property, in particular, it does not take into account such a feature as property management. Each form of ownership recognized by the Constitution of the Russian Federation is regulated by the entire set of norms contained in civil, administrative, land, environmental law, etc. The role of the Constitution of the Russian Federation is to recognize all forms of ownership, including other forms, and to ensure their equal protection in accordance with their legal regulation as the basis of the constitutional order of Russia, as well as the denial of property rights, including forms of ownership. The Constitution of the Russian Federation obliges to consider federal state property as a special, most important type of public property that ensures the implementation of socio-economic development of the Russian Federation in accordance with national goals, which requires the development and adoption of a law on federal state property and its management.

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Publication Details

Journal
Journal of Russian Law
Published
2025-01-01
DOI
https://doi.org/10.61205/s160565900032230-7
Primary Topic
Legal and Policy Issues
Type
article
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article

On Federal Property as a Special Form of Public Property

Владимир Андреев
Journal of Russian Law
Legal and Policy Issues
article

On Federal Property as a Special Form of Public Property

Владимир Андреев
article en

Abstract

Historically, the norms on property rights were placed in civil institutions, which were considered the only regulator of these relations. Until the beginning of the 20th century, civil law really embodied private law, it included land, labour and family law. An attempt to restore the previous situation was the development of Section “Property Law” of the Civil Code of the Russian Federation. In accordance with the Concept of the development of civil legislation, in which the right of ownership would be given a derivative role, as well as to return to the Civil Code of the Russian Federation all the norms on ownership of land and other natural resources. The Russian Civil Code ignores the constitutional features of public property, in particular, it does not take into account such a feature as property management. Each form of ownership recognized by the Constitution of the Russian Federation is regulated by the entire set of norms contained in civil, administrative, land, environmental law, etc. The role of the Constitution of the Russian Federation is to recognize all forms of ownership, including other forms, and to ensure their equal protection in accordance with their legal regulation as the basis of the constitutional order of Russia, as well as the denial of property rights, including forms of ownership. The Constitution of the Russian Federation obliges to consider federal state property as a special, most important type of public property that ensures the implementation of socio-economic development of the Russian Federation in accordance with national goals, which requires the development and adoption of a law on federal state property and its management.

Journal of Russian LawVol. 29(5)
Institute of State and Law (RU)
Openalex Percentile: Top 62%
Legal and Policy Issues
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