Public Form of Property as an Instrument of Constitutional Law Regulation of the Economy

Abstract

The work shows the legal significance of the forms of ownership for establishing the constitutional model of the modern economy, for ensuring the balance of private and public spheres of activity, supporting promising and traditional economic structures. Using the methods of interdisciplinary analysis, as well as the methods of the constitutional economy, special attention is paid to the disclosure of the socio-legal nature of public property. Based on the analysis of Russian legislation and the practice of the Constitutional Court of the Russian Federation, the qualitative development of the legal content of public property is shown, and the independent regulatory significance of this institution is proved. In the past decade, through the public ownership, the legislator lawfully forms public property, divides the property into different levels of power, connects the boundaries of its power over the objects of property with functions, powers of the authorities, the principle of special purpose designation and the principle of the unity of nature of state and municipal property.There are a number of issues in regulating aspects of public property, including the need to develop more clear criteria for the delineation and redistribution of public property objects, the peculiarities of the regulation of certain property objects, especially the objects of the national (public) property. It is stated that the appearance of a significant amount of regulatory material on issues of public property requires its systematization and streamlining in a special federal law.The emergence of various quasi-public forms of property (formally private law), through which the state significantly increases its presence in the economic life (for example, public-law companies), also belongs to the most important problems. These forms introduce an imbalance in the principles of freedom and equal legal protection of participants in economic activity, and are also economically less effective. In this regard, it is proposed to expand the understanding of public property by including in it the property that is under the direct actual control of the state. This will make it possible to justify the need for new legal criteria for determining state participation in the economic sphere.