Legal Problems of Recognition of Ownership Rights to Ownerless Electric Grid Facilities

Abstract

Problem statement. The restriction by public entities of the circle of subjects for which the ownership right to ownerless things could be recognized did not allow to effectively solve the problem of returning electric grid facilities to property turnover. Having formed the material and legal prerequisites for solving this problem at the end of 2021, the legislator did not resolve the issue of the procedural procedure for recognizing the ownership rights of network organizations to such objects. Goals and objectives of the study. Identification of the substantive and procedural problems of the application of the institute of recognition of ownership of ownerless things in relation to the objects of the electric grid economy, the formation of proposals to overcome them. Research methods: dialectical, analysis, synthesis, formal and legal. Results, brief conclusions. Differentiation of the type of mediating the acquisition of ownership of ownerless linear objects of legal proceedings according to the subject criterion (for public entities – special proceedings, for network organizations – claim proceedings) is not due to the substantive nature of the case and contradicts the prohibition of different treatment of persons in the same or similar situations arising from the constitutional principle of equality of all before the law and the court. The expediency of supplementing the arbitration procedural form with the procedure for considering such cases according to the model of special proceedings is substantiated.