Features Of Public Corporations' Property Right In Russian Federatio

Abstract

The present article analyzes the aspects of the current national legislation dealing with state corporations. The issues of creating and implementing the state corporations’ proprietary rights remain the subject of numerous discussions in academic literature. The studies indicate a lack of uniform rules which enable to refer to the existence of a single legal regulation of proprietary rights within one legal form of a legal entity being a state corporation. In some cases significant deviations from the rules established for the subjects of civil law by civil legislation are indicated as well. We have substantiated the fact that the goals of creating a state corporation are one of the main and key factors determining the proprietary rights scope and the property rights implementing limits. The new regulatory legal acts adopted in the Russian Federation require detailed analysis and reflection. In this regard, there is a need to conduct a comprehensive scientific analysis of property relations arising from public corporations to develop new provisions of the current legislation on state corporations and improve the existing ones. We have substantiated the need to single out a new type of state corporation property, namely, target property. The legal treatment of state corporation target property is characterized by: 1) emergence by transferring the state property to state corporation ownership; 2) proprietary right, use and disposal of target property are possible only with the purposes established during state corporation establishment; 3) maintaining the ability of the state to impact a state corporation’s decision-making; etc.