On the psychological and economic foundations of forming private property relations in the economy for the purpose of their legal regulation

Abstract

The paper considers the psychological and economic foundations of the formation of private property relations, which are based on the “sense of ownership” – the attitude to property as to one’s own, in the presence of an additional feature of a “sense of benefit”. The authors give a definition of property relations, which is based on psychological and economic foundations. The paper substantiates that private property under Russian law is a too generalized category – a single legal regime has been established for it, which does not correspond to the optimal legal regulation of property relations. The article substantiates the need to identify the subvarieties of private property, which have significant differences in psychological and economic motivation: classical, financial, social, collective and state-owned. Each subvariety of private property depends on the presence (absence) of a sense of ownership and a sense of benefit, as well as the presence (absence) of a certain level of property. Accordingly, civil legislation requires the legal consolidation of the subvarieties of private property, designating for each of them its own legal regime.