Lapaeva V.V. Privatization of socialist property as a constitutional and legal issue

Abstract: The problem of socialist ownership privatization inconsistency with the Constitution of the Russian Federation is considered in the following aspects: 1) Departure from the constitutional provisions on equality of citizens before the law and court; 2) Violation of the privatization legislation; 3) Unlawful (contrary to the legal principle of formal equality) nature of de-socialization of socialist property through its privatization. The author focuses on the analysis of the civilism concept, i.e. post-socialist social system based on the new form of personal (neither public nor private) property as a result of applying legal principle of formal equality in the process of de-socialization of socialist property. The author justifies the importance of this concept for the determination of constitutional and legal parameters of the social contract on property, without which it would be impossible to achieve normal economic, political and legal development of the country. This concept outlines the legal parameters of such de-socialization, allowing it to enter into the framework of the existing Constitution. Scientific potential of the concept allows defining the constitutional and legal contours of the social contract of property.

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