Legal approaches to vindication of real estate by public legal entities
- 作者: Pushkina A.1
-
隶属关系:
- Institute of State and Law of the Russian Academy of Sciences
- 期: 编号 3 (2024)
- 页面: 97-105
- 栏目: Civil and entrepreneurial law
- URL: https://journals.rcsi.science/1026-9452/article/view/259474
- DOI: https://doi.org/10.31857/S1026945224030098
- ID: 259474
详细
The article describes the evolution of approaches to the vindication of real estate owned by a public legal entity. In the study of this issue, the features of the object of law are superimposed on the specifics of the subject. It is noted that the lack of a unified concept that defines the legal regime of state real estate at the present time leads to the appearance of casuistic norms in the legislation. It is indicated that the problems that exist today are largely related to the Soviet past. In the USSR, the division of property into movable and immovable was abolished. However, Soviet law allowed the ownership of some objects, traditionally considered invisible, to individuals and legal entities. At the same time, the principle of unlimited vindication of state property was in effect. With the transition to a market economy, this principle was abolished and the equality of all forms of ownership was proclaimed. However, in law enforcement, there is still a trend of priority protection of public property. In order to level this process, the legislator introduces restrictions on the possibilities of protecting the right of ownership of real estate by public legal entities. It is concluded that point adjustments of legislation in this area cannot solve the problem. Before reforming the legislation, it is necessary to conduct a comprehensive scientific study of issues related to the peculiarities of protecting the rights to real estate owned by a public legal entity.
全文:
作者简介
Anna Pushkina
Institute of State and Law of the Russian Academy of Sciences
编辑信件的主要联系方式.
Email: ann-pushkina@yandex.ru
PhD in Law, Senior Researcher, Procedural Law Sector
俄罗斯联邦, Moscow