Problems of Origin of Municipal Property Rights as an Element of Economic Public Order

The article examines the issues of the emergence of municipal property rights as an element of economic public order. The concept of economic public policy is linked to the concept of the common good and the public interest. It involves the impact of the state on the economy, the development of economic policy, state regulation of economic relations, including the restriction of private property, the social obligations of the owner to society, the balance of individual rights and freedoms and public interests. Economic public order aims to create a managed economy. The economic public order includes imperative and prohibitive norms that restrict the behavior of private individuals in the general interest. The right of municipal property itself represents a set of norms of this type that determine the procedure for the possession, use and disposal of municipal property by subjects of municipal power in the interests of the municipality. The purpose of the present study is to consider emerging issues in this area related to understanding the essence of municipal property relations. In this regard, three components of property relations play a key role. Firstly, the object (material or intangible), about which the property (legal) relations of subjects are formed, i.e., the material content of property; secondly, the actual system (structure) of traditional and/or property (legal) relations between subjects; thirdly, the economic implementation of the established traditional and/or property (legal) relations between subjects at the micro level through specific methods of appropriation of objects and at the macro level through the functioning of the local economy subsystem in the aggregate of its elements. Each of these components is important in terms of ensuring the effective functioning of the form of ownership. Based on the study, the author comes to the conclusion that, as a legal institution, the right of municipal property as a whole can be considered formed - this form of ownership is recognized by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, regulations have been adopted that establish a specific legal regime for the institution of municipal property.

Constitution of the Russian Federation, Civil Code of the Russian Federation, Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation"