Some aspects of the legal provision of private property nationalization

Abstract

Objective: to study the current state of the doctrine and legislation on nationalization in order to formulate proposals for improving the legal regulation of public relations in this area.Methods: the study used such general scientific methods of cognition as analysis and synthesis, induction and deduction, and analogy. The logical method of research helped to formulate definitions of some terms, in particular, nationalization and emergency nationalization; their inherent features were identified. While studying the topic, private scientific research methods characteristic of jurisprudence were also used: formal legal and comparative legal methods, which helped to reveal the logic of the legislator and draw conclusions about the expediency of paying compensation when nationalizing property from private owners.Results: based on the analysis of legislation and the practice of its application, as well as of the Russian and foreign literature, the essence of nationalization was revealed. In the article, nationalization is understood as the acquisition by the state of ownership of property that was privately owned, on the basis of federal law, with or without compensation of the property value to the owner, which is aimed at protecting public interests. The article pays special attention to the understanding of the “state property” category as the property of the whole people, i.e. public property.Scientific novelty: the article reveals the concept and essence of nationalization, as well as related legal categories (privatization, alienation, compensation, etc.), conducts a comparative legal analysis of the order of nationalization in various states, and identifies the advantages and disadvantages of preliminary and equivalent compensation as a prerequisite for private property nationalization. The author substantiates the need for nationalization of enterprises in all important industries, and, primarily, in the areas of natural monopolies, in which producers can make a profit to ensure their own development only. Nationalization should be soft, with the possibility of compensation, but only after a full audit of the performance of enterprises to resolve the issue of how conscientiously and responsibly their owners and managers acted.Practical significance: the main conclusions of the article can be used in scientific, pedagogical and practical activities to improve civil legislation and the practice of its application, as well as to develop long-term and short-term strategies for the economic development of Russia.