Double ownership in the theory of national property

The article reveals the issue of additional legal regulation of such ownership of the owner as ownership. The author gives practical examples when the institution of ownership does not fully receive normative fixing and creates in practice a duality in interpreting the content of competence. It is important for the author to consolidate the dual ownership structure in the legislation. At the same time, the article makes a comparative analysis of such an institution in civil law and constitutional law relations using the example of the institution of the national treasure. In the course of the study, the author turns to European law (in particular, to the German Civil Code), as well as to Roman law. The author’s research is aimed at additional substantiation of the national heritage in the theory of law and the state. The more understandable construction of dual ownership, prescribed in the legislation, takes one step closer to a clearer legal regulation of the national heritage and leads away from traditional legislative norms in the legislation where this concept is used.

property right, national treasure, dual ownership, people