On the form of ownership of state corporations and public law companies and a new type of legal entity

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Abstract

The article notes, that the Civil Code of the Russian Federation does not fully reflect the constitutional provisions on forms of public ownership, on state assistance to the development of entrepreneurship. The system of legal entities is built without taking into account in their classification of state-owned legal entities, in particular, state corporations and public law companies. The attribution of the latter to non-profit organizations does not reveal their essence as powerful manufacturers of high-tech products, active participants in the implementation of state economic policy. The establishment in the laws, that state corporations and public law companies are the owners of state property assigned to them means that they have the right to exercise the right of federal state ownership within the limits established by laws and decrees of the President of the Russian Federation and decisions of the Government of the Russian Federation. This is a kind of federal state property, not an independent form of ownership. Due to the fact that the legislator did not adopt the provisions of the Concept of the Development of civil legislation on the broad interpretation of property law, including the right of ownership and various developments of Roman lawyers, given that the concept of a legal entity now does not include as a mandatory element the existence of property rights or property rights, it would be necessary to discuss the question of whether property law is.

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About the authors

Vladimir K. Andreev

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: andlaw@mail.ru

Doctor of Law, Professor, Honored Scientist of the Russian Federation, Member of the Scientific Advisory Council at the Supreme Court of the Russian Federation, Leading Researcher of the Sector Civil and Entrepreneurial Law

Russian Federation, Moscow

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