A New Research on the Russian Federation as a Subject of Civil Law (To Publication of the Monograph by Dr. Sci. (Law), Professor V. G. Golubtsov "The Russian Federation as a Subject of Civil Law" (Moscow: Statut; 2019))

The review covers the monograph by Dr. Sci. (Law), Professor V. G. Golubtsov "The Russian Federation as a Subject of Civil Law" (Moscow, 2019). The reviewer appreciates the following. Firstly, the aspect of research, namely a complete and comprehensive analysis of the status of the Russian Federation as a subject of civil law, and the way the author considers these problems from the standpoint of civil law. Secondly, deeply reasoned monographic position give a great opportunity to reflect on the set of the problems and proposed solutions and to maintain or introduce more or different positions. The work is well structured: the approach chosen by the author allows us to express and justify his views on the entire range of issues related to the participation of the Russian Federation in public relations as a subject of civil law. At the same time, the volume of work is so large, and the rationale for author’s decisions is so rich, that the reviewer expresses his position only on one, but the most fundamental issue presented in the monograph, namely, the legal nature of state property rights. According to the author, state property relations are included in the subject of civil law regulation, the method of which is such legal techniques as equality, autonomy of will and property independence. The state, acting directly or indirectly, when rejecting public rights and privileges that do not correspond to this method, should be considered as a special subject of these civil relations, acting along with "classical" subjects — individuals and legal entities. According to the reviewer, on the contrary, property relations of state property do not have a commodity-monetary form and, therefore, cannot be included in the subject of civil law regulation. The review provides arguments in favor of the latter position.

state, state property, state-owned assets, method of civil law, legal personality, subject of civil law, Russian Federation, public entities, review, subjects of civil law

1. Golubtsov VG. Rossiyskaya Federatsiya kak subekt grazhdanskogo prava [The Russian Federation as a subject of civil law]. Moscow: Statut; 2019. (In Russ.)

2. Yakushev VS. O samostoyatelnosti instituta prava gosudarstvennoy sotsialisticheskoy sobstvennosti i ego gosudarstvenno-pravovoy prirode [On the independence of the institute of state socialist property law and its state-legal nature]. In: Teoreticheskie problemy grazhdanskogo prava: sbornik uchenykh trudov [Theoretical problems of civil law: collection of papers]. RSFSR Ministry of higher and secondary special education; Sverdlovsk Law Institute. Sverdlovsk. 1970;13:85-110. (In Russ.)