Rudakova Victoria Dmitrievna On the means of implementation of the theory of public legal entities in the Russian legislation

Abstract: The article includes analysis of the key approaches to the public legal entity (public law entity) in the scholarly literature in order to establish their legislative potential. The author shows the negative practice of introduction of the ad hoc organizational and legal forms into the Russian legislation, in order to provide for the state-dependent subjects of the civil turnover in accordance with the needs of the state as a party to the property relations. In order to improve the existing legislation and the practice of its application the author offers to form a new organizational legal form of a public legal entity within the system of legal entity, and to establish that this new form shall substitute for all of the current forms of participation in civil turnover by the state-formed entities. It is noted that such an approach shall allow to unify the rules under which such subjects become parties to the property relations and to close the list of non-commercial legal entities. The article supports the civilist approach to the category of legal entity, which still provides for the possible interdisciplinary approach.

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