The problem of non-proprietary legal entities in the light of the theory of separate property

The subject of the study is the problem of legal entities for which property is secured not on the right of ownership, but on a limited proprietary right (the right of operational management or the right of economic management), in the light of the theory of separate property. The theory of separate property is understood as the idea of the independence of the phenomenon of legal separation of property associated with giving a certain technically separate property a specific legal status, which is primarily manifested in the order of responsibility to creditors (priority of creditors' claims in relation to certain property). The main attention is paid to the problem of simultaneous separation of property through two structures: (1) a separate legal entity, (2) a limited proprietary right. The study evaluates the validity of this approach and the need for the existence of such limited property rights. The analysis of these problems is carried out by applying the theoretical categories of protective and confirmatory separation, with the help of which the degree and nature of the separation of property of unitary enterprises and institutions is assessed. According to the results of the study, it is concluded that the right of operational management and economic management does not in any way affect the degree of isolation of the property of unitary enterprises and institutions, and also does not perform any other independent function. The conclusion is substantiated that the existence of such limited proprietary rights represents a lack of legal technique. In addition, a general conclusion is drawn that in order to achieve any degree and nature of the property isolation of a certain property, the construction of a legal entity is sufficient, since the rule of law is able to do this by direct prescription of the law for the appropriate organizational and legal form. At the same time, it is noted that limited property rights can be used to separate property within the separate property of a legal entity, but not to separate the property of the latter as such. The scientific novelty of this study has two aspects. Firstly, it demonstrates the prospects of using the categories of protective and confirmatory property separation as a tool for analyzing the practical and theoretical validity of legislative decisions, which is new for the domestic doctrine. Secondly, this article for the first time analyzes the correlation of various ways of legal separation of property.

asset partitioning, legal personality, economic management, operational administration, legal partitioning, legal capacity, unitary enterprises, institutions, limited real rights, legal entities