The Personification Basis and Constitutional Equality of Public Owners

Review. The paper examines the problem of relationships between public owners in the property area. Contemporary methodology of understanding public property is based on the civil law constructions and axioms that cannot always be applied in the sphere where public interests are realized and public functions are performed. The author on the basis of synthetic generalization of phenomenological characteristics of public property, the norms of the current legislation in this area of Russian legislation and the practice of its application, as well as different scientific opinions, concludes that the nature of the relationships of public owners with other owners cannot be regulated by means of the principle of legal equality of parties to business transactions that has developed in the field of civil law. This is explained by the fact that public owners and private owners have different grounds for personification of their legal personality: while private property owners in civilian turnover are personalized by means of views concerning their property, public property owners are personalized through the nature, scope and orientation of public authorities. At the same time, the interrelation of public property owners among themselves in property relations is mindful of the fact that the public owners the basis of personification is the same, and, thus, such cooperation is based on the idea of the constitutional equality of public property owners that is based on the federal nature of the Russian State. Constitutional equality of public property owners in their proprietary interrelationships with each other, though they have some resemblance to the legal equality as the principle of civil law relations, is based on an essentially different social foundation. The constitutional equality of public entities in this context does not imply as a mandatory attribute the exchange of material benefits, and when such an exchange takes place, its goals, to any extent, are aimed at the social welfare that serves as the center of public interests rather than exchanged objects of public property - i.e. the public authorities with a view to exercise it more efficiently, which is insured by means of transferring required public property.

public property, property owner, public turnover, legal equality, federalism, constitutional equality, public power, basis of personalization, public interests, separation of state property

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