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Ownership in State-Run Non-Profit Companies: Limits and Features of Implementation

https://doi.org/10.17803/1729-5920.2024.217.12.094-106

Abstract

State-run non-profit companies are created to perform certain public functions and powers, and operate exclusively in the interests of the state and society. The public purpose, the main one for legal entities of this form, determines the specifics of their civil status, the specifics of the exercise of acquired subjective civil rights, including property rights. The regulations on the basis of which state-run non-profit companies are established and operate set special rules that significantly limit their independence in the exercise of ownership rights. Among them, general limits applicable to all state-run non-profit companies can be distinguished, and individual limits related to specific companies and set depending on the nature of their public tasks and methods of solving them. At the same time, for some companies, opportunities are narrowed, permissible options are limited or the necessary options for their behavior as owners are clearly defined, for others they expand and create greater discretion. The specified limits are mobile and can be changed by the legislator depending on the transformation of public needs and external factors. The existence of special frameworks and conditions for the exercise of ownership rights does not mean that companies do not have this right, nor does the right of ownership lose its character. The granting of ownership rights to state-run non-profit companies contributes to their effective participation in property relations, and the introduction of limits on its implementation is necessary for effective public activities of companies and ensuring the stability of civil turnover.

About the Authors

T. V. Soifer
Kutafin Moscow State Law University (MSAL)
Russian Federation

Tatyana V. Soifer, Dr. Sci. (Law), Professor, Professor, Department of Civil Law,

Moscow.



Yu. A. Zaitseva
Federal Service for State Registration, Cadastre and Cartography
Russian Federation

Yulia A. Zaitseva, Cand. Sci. (Law), State Councilor of the Russian Federation, 2nd class, Deputy Head  of the Legal Department,

Moscow.



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Review

For citations:


Soifer T.V., Zaitseva Yu.A. Ownership in State-Run Non-Profit Companies: Limits and Features of Implementation. Lex Russica. 2024;77(12):94-106. (In Russ.) https://doi.org/10.17803/1729-5920.2024.217.12.094-106

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)