Problems of Constitutional and Legal Regulation of Property Rights in the Russian Federation
( Pp. 66-73)

More about authors
Battalova Linara Mukhamatyamilevna Cand.Sci.(Law), Associate Professor, «Financial University under the Government of the Russian Federation» (Financial University)
Ryazan State University named after S.A. Yesenin
Ryazan, Russian Federation
Abstract:
Abstract: The purpose of the study. The article deals with the problems of constitutional and legal regulation of property rights in Russia. The current legislation regulating the legal status of various forms of ownership is analyzed. The purpose of the study is to identify the main trends and features of the regulation of this right in domestic legislation and the most significant provisions defining the position of property in the legal system, the role of property rights and the differences between its subjects. Conclusions. As a result of the conducted research, the author comes to the conclusion that equal protection of all forms of property, enshrined in the Constitution of the Russian Federation, in a legal sense, cannot be implemented due to the expansion of the list of objects of state and municipal property in comparison with private, as well as differences in the methods of acquiring property rights depending on the subject. The differences in the legal status of a public and private owner are revealed. The possibility of restricting the right of private property in cases provided for by law is disclosed. Intellectual property is singled out as a separate category that is not included in the system of property rights due to the peculiarities in the form of its existence and the powers of the subjects.
How to Cite:
Battalova L.M., (2023), PROBLEMS OF CONSTITUTIONAL AND LEGAL REGULATION OF PROPERTY RIGHTS IN THE RUSSIAN FEDERATION. Gaps in Russian Legislation, 2 => 66-73.
Reference list:
Alekseev S.S. The right of ownership. Problems of theory / S. S. Alekseev. — 3rd ed., reprint. and additional — M. : Norm : Infra-M, 2010. — 240 p.
Kornilov A.R. Public examination of normative legal acts as a type of legal expertise // Bulletin of the Russian New University. Series: Man and Society. 2019. No. 3. pp.144-149.
Lebedev I. A. The form of organization of property relations and the demand for property rights / I. A. Lebedev // . – 2016. – № 3. – Pp. 139-145.
U. Mattei, E.A. Sukhanov. The main provisions of property rights. — M.: Jurist, 1999.— 384 p.
Mazaev V.D. Constitutional model of the Russian economic system: image and real content // Journal of Russian Law. 2008. №12 (144). URL: https://cyberleninka.ru/article/n/konstitutsionnaya-model-rossiyskoy-ekonomicheskoy-sistemy-obraz-i-realnoe-napolnenie.
Pobedonostsev K.P. Course of civil law. The first part: Patrimonial rights. – M.: «Statute», 2002. – 800 p.
Saurin A.A. Property rights in the Russian Federation: constitutional and legal limits of implementation and restrictions: Diss... doct. jurid. Sciences. M. 2014. – 400 p.
Sukhanov E.A. Russian Civil Law: Textbook: In 2 vols. Vol. I: General part. Property law. Inheritance law. Intellectual property rights. Personal non–property rights / Ed. E.A. Sukhanov. - 2nd ed., stereotype. – M.: Statute, 2011. – 958 p.
Useikin A.K. Property and property rights // Man: crime and punishment. 2013. №2. URL: https://cyberleninka.ru/article/n/sobstvennost-i-pravo-sobstvennosti.
Chicherin B.N. Philosophy of law – M.: «Typo-lithography of the Partnership I.N. Kushnerev», 1900 – 344 p.
Keywords:
constitution, constitutional and legal regulation, property right, forms of ownership, intellectual property..


Related Articles

1. Constitutional law; Constitutional judicial process; Municipal law Pages: 11-14 Issue №13916
MODERN CONSTITUTIONAL AND STRUCTURAL RISK CORRELATION
risk Constitution reform constitutional and legal theory of risks human rights risks
Show more
7. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW 12.00.03 Pages: 154-156 Issue №16787
Double ownership in the theory of national property
property right national treasure dual ownership people
Show more
2. PUBLIC LAW (STATE LAW) DISCIPLINES Pages: 81-86 Issue №19964
Civic Initiatives: Models of Constitutional Formalization in Post-Soviet Countries
constitution human and civil rights and freedoms freedom of speech civil initiatives popular initiatives
Show more
8. Constitutional law; Constitutional judicial process; Municipal law Pages: 76-79 Issue №15378
ACTUAL ISSUES OF CONSTITUTIONAL REGULATION OF HUMAN RIGHTS AND FREEDOMS IN THE UNITED STATES OF AMERICA
USA human rights Bill of Rights Rights and Freedoms Constitution
Show more
6. CONSTITUTIONAL LAW; CONSTITUTIONAL JUDICIAL PROCESS; MUNICIPAL LAW 12.00.02 Pages: 118-121 Issue №16787
Updating the Russian constitution: the catalog of cities is expected to be addition
Constitution capital city of permanent residence of individual Federal government bodies
Show more
PRIVATE AND PUBLIC LAW Pages: 123-127 DOI: 10.33693/2223-0092-2020-10-2-123-127 Issue №16644
Legislative regulation of self-defense of human rights and citizens and legal interests
Constitution self-defense right legitimate interests law
Show more
6. PUBLIC LAW (STATE LAW) (5.1.2.) Pages: 134-138 Issue №20974
Lexical Shells of "Life": Constitutional Release of Russia
constitution life right to life personal life private life
Show more
8. Constitutional law; Constitutional judicial process; Municipal law Pages: 104-109 Issue №9479
INTERNATIONAL COOPERATION IN THE FIELD OF CIVIL AND FAMILY LEGAL RELATIONS (THE DEVELOPMENT OF THE CONSTITUTIONAL FOUNDATIONS)
international cooperation foreign policy The Union of Soviet Socialist Republics (USSR) Union Republic Constitution
Show more
6. PUBLIC LAW (STATE LAW) (5.1.2.) Pages: 145-151 Issue №20974
Financial Legal Relations and their Reflection in Russian Federal Subjects’ Constitutions
Constitution law legal relations financial and legal norms
Show more
7. Theory and history of law and state; History of law and State teachings Pages: 64-66 Issue №15378
THE PRIORITY QUESTION ON HUMAN AND CIVIL RIGHTS AND FREEDOMS AS THE BASIC VALUE OF RUSSIAN DEMOCRACY
constitution law constitutionalism constitutional law rights
Show more