Problems of Constitutional and Legal Regulation of Property Rights in the Russian Federation

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The purpose of the study. The article deals with the problems of constitutional and legal regulation of property rights in Russia. The current legislation regulating the legal status of various forms of ownership is analyzed. The purpose of the study is to identify the main trends and features of the regulation of this right in domestic legislation and the most significant provisions defining the position of property in the legal system, the role of property rights and the differences between its subjects. Conclusions. As a result of the conducted research, the author comes to the conclusion that equal protection of all forms of property, enshrined in the Constitution of the Russian Federation, in a legal sense, cannot be implemented due to the expansion of the list of objects of state and municipal property in comparison with private, as well as differences in the methods of acquiring property rights depending on the subject. The differences in the legal status of a public and private owner are revealed. The possibility of restricting the right of private property in cases provided for by law is disclosed. Intellectual property is singled out as a separate category that is not included in the system of property rights due to the peculiarities in the form of its existence and the powers of the subjects.

Full Text

Restricted Access

About the authors

Olga G. Klepikova

Ryazan State University named after S.A. Yesenin

Author for correspondence.
Email: o.klepikova@365.rsu.edu.ru
SPIN-code: 8996-9186

Cand.Sci.(Law), Associate Professor of the Department of Constitutional and Municipal Law

Russian Federation, Ryazan

References

  1. Alekseev S.S. The right of ownership. Problems of theory / S. S. Alekseev. — 3rd ed., reprint. and additional — M. : Norm : Infra-M, 2010. — 240 p.
  2. Kornilov A.R. Public examination of normative legal acts as a type of legal expertise // Bulletin of the Russian New University. Series: Man and Society. 2019. No. 3. pp.144-149.
  3. Lebedev I. A. The form of organization of property relations and the demand for property rights / I. A. Lebedev // . – 2016. – № 3. – Pp. 139-145.
  4. U. Mattei, E.A. Sukhanov. The main provisions of property rights. — M.: Jurist, 1999.— 384 p.
  5. Mazaev V.D. Constitutional model of the Russian economic system: image and real content // Journal of Russian Law. 2008. №12 (144). URL: https://cyberleninka.ru/article/n/konstitutsionnaya-model-rossiyskoy-ekonomicheskoy-sistemy-obraz-i-realnoe-napolnenie.
  6. Pobedonostsev K.P. Course of civil law. The first part: Patrimonial rights. – M.: «Statute», 2002. – 800 p.
  7. Saurin A.A. Property rights in the Russian Federation: constitutional and legal limits of implementation and restrictions: Diss... doct. jurid. Sciences. M. 2014. – 400 p.
  8. Sukhanov E.A. Russian Civil Law: Textbook: In 2 vols. Vol. I: General part. Property law. Inheritance law. Intellectual property rights. Personal non–property rights / Ed. E.A. Sukhanov. - 2nd ed., stereotype. – M.: Statute, 2011. – 958 p.
  9. Useikin A.K. Property and property rights // Man: crime and punishment. 2013. №2. URL: https://cyberleninka.ru/article/n/sobstvennost-i-pravo-sobstvennosti.
  10. Chicherin B.N. Philosophy of law – M.: «Typo-lithography of the Partnership I.N. Kushnerev», 1900 – 344 p.

Supplementary files

Supplementary Files
Action
1. JATS XML

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies