公共财产在公法法律实体创设背景下的宪法基础

V. Nizov
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摘要

本文论述了产权的宪法规制问题和财产本身的问题。研究范围已缩小到俄罗斯联邦公共财产管理的特点。俄罗斯联邦公共财产管理改革的过程以国有财产向一些公法法人转移为显著特征,说明了本研究的相关性。笔者对产权规制的发展历程进行了历史分析,并对宪法在这一过程中的作用进行了分析。本文采用比较工具来显示俄罗斯和其他国家公共财产管制的主要前提和趋势。作者认为,俄罗斯联邦正在进行财产规制的建设,现代阶段将宪法视为这一建设的主要价值过滤器。与此同时,俄罗斯法律体系在这方面也存在着一些障碍:宪法直接效力的限制、三权分立的破坏等。指出了物业管理中制衡制度的重要性。因此,本研究解释了英国、乌克兰和俄罗斯三权分立制度的差异。作者揭示了在财产向公法实体过渡的过程中,国家需要考虑的公共财产的特征。对宪法文本中详细的财产规定进行了批判性的概述。作者指出,规范财产问题的宪法条款是后社会主义国家的特征。财产权和主权的区别也包含在文章中。提供了公共财产管理权的正当性,研究解释了公共财产管理正当性的重要性及其在民主社会,特别是在俄罗斯联邦的作用。公共财产管理的私有化和权力下放需要解释这些决定的有效性和稳定性。此外,作者认为,公共财产必须有更具体的规定,因为它需要更复杂的规则来实现公正和有效的管理。文章的结语部分解释了宪法理想与公物规制发展之间的联系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Constitutional basis for public property in the context of the creation of a legal entity of public law
The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.
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