Features of the Principle of Ensure Non-Discriminatory Interested Non-Owner Access to Public Property Objects

The paper contains the results of author’s analysis of constitutional fundamentals of the existence and implementation of the prin- ciple providing a nondiscriminatory access to the public property assets for the interested third parties. On the basis of legal dogmatic approach strengthened with methodologies of legal axiology and legal constructivism there are arguments represented in the paper, which make evident that this principle is being extracted from the relevant provisions of the Russian Constitution as well as having in fact its use in the framework of law-creation and law-execution activities. At the same time, the aforementioned principle yet has no its plain and consistent fixation in the texts of sub-constitutional normative acts. This is the reason of certain difficulties concerning the issue of regulatory meaning of the principle, which is being explored in the paper. Author makes general conclusion that the criterial indicator, which demonstrates whether a required balance of conditions, regulating an access to the public property assets for the interested third parties, is achieved, should be the good faith of legislative and law-executive decisions undertaken by governmental institutions in the framework of their public administration in the field of public property relations. However, in this context the absence of legal discrimination of the interested third parties should not necessarily imply that their eco- nomic inequality is inadmissible.

публичная собственность, публичный собственник, конституционный принцип, добросовестность, право- вая дискриминация, экономическое неравенство, заинтересованные несобственники, объекты публичной собственности