Rudakova, V.D. Title to property of public legal entities

Abstract: The article contains analysis of the currently existing civil law approaches towards individualization of property of legal entities, which are formed by the public law formations. The object of studies concerns public relations appearing in the process of registering the property status of these entities. The author studies dualism of rights of legal entities, which are formed by the state, and of their property, character of rights appearing within the frameworks of the economic control and operational control, their correlation with the title to property, character of proprietary rights of public corporations. The author singles out the opportunities for the use of the publicly owned property construction in order to form the proprietary independence of the public legal entities. The methodological basis for the studies includes general and specific scientific methods: analysis, synthesis, comparison, analogy, proof, historical method, systemic analysis method, interdisciplinary analysis. Within the framework of operational control the author singles out two social ties, first of which is an absolute proprietary legal relation, which is not different from title to ownership, while the second one is a corporate relation. That is why, it is offered to recognized subjects of law under operational management to be the owners of the property provided to them. The title to property of state corporation is regarded in this article as a public form of title to property, and its implementation is due to social needs, managerial needs, and other socially important functions. A public legal entity is regarded as a new organizational and legal form of a legal entity, which shall substitute all of the forms of mediated legal entities formed by the public law institutions. In order to recognize the proprietary status of these persons it is offered to use the construction of the title to public property. Such an approach shall form a sufficient basis for the legal personality of the said legal entities, it shall guarantee state and public interests in the transferred property, as well as the fully fledged mechanism for the civil law responsibility.

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