LEGAL REGULATION OF PUBLIC PROPERTY IN THE CONDITIONS OF ECONOMIC TRANSFORMATION

Miroslava Sirant, Olena Paruta, Iryna Andrusyak

Abstract


The purpose of the article is to characterize the legal regulation of relations in the field of public ownership, which is an important economic resource for the fulfilment of tasks and functions assigned to the state. Approaches to understanding public ownership as an economic and social category are analysed, its relationship with property in the general sense is clarified. It is stated that public property is one of the most important categories in our lives because we use it every day, regardless of our desire. At the same time, the level of vital activity and improvement of the population in each state depends, first of all, on how much it provides its citizens with the property of the commons, that is, that property which every person can use, regardless of status, age, sex, religion or any other characteristics. Special attention is paid to the features of legal regulation of public property relations in the conditions of the transformation of the economy. General and special features of public property are identified. Some features of the formation of concepts concerning the understanding of public property in foreign countries and the experience of legal regulation of public property relations are revealed. It is proved that the existing legal acts on control over public property necessitate us to conclude on the unsatisfactory state of legal regulation in this sphere. The main directions for solving this problem are: transfer of legal regulation to the legislative level, as well as the systematization and partial abolition of departmental acts; clear definition of control objects; establishment of a system of control subjects and principles for the division of competences between them; differentiated consolidation of content and control procedures depending on the type of public property, legal regime of its use, and other factors (control over the legality, the efficiency of the property use, its preservation, etc.). Practical importance of scientific results of the study is the clarification of concepts of “public ownership”, “public property” in the context of legal regulation, which is important for the successful socio-economic development of the state and promotes the identification of those factors hampering the development of the economy, the development and further improvement of the legal framework, which regulates the economy and affects the development of an effective economic crisis exit strategy. The public property of the state is not only one of the most important elements in ensuring the fulfilment of state functions but also the basic, decisive condition for the observance and realization of national interests. In view of this, scientific research in this area is relevant and timely in the period of the search for the priorities of the state economic policy. Methodology. The methodological basis of the study of public ownership is determined a set of methods of scientific knowledge that allow considering this problem as a multidimensional, interdisciplinary phenomenon. On the basis of system-structural, system-functional, and other scientific approaches, the concept of public ownership as a complex system category, covering the theoretical and practical level of economic activity of the state, has developed.

Keywords


property, state property, communal property, legal regulation, economic resource, objects of public property

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References


Alekseev, S. S. (2010). Property rights. Theory problems. 3rd edition, revised and expanded. Moskva: Norma: Infra-M, 240 p.

Ustymenko, V. A. (2014). Public property: problems of theory and practice: monograph. NAS of Ukraine, Institute of Economic and Legal Research. Chernihiv: Desna Polihraf, 308 p.

Mamutov, V. K. (Sc. Ed.) at al. (2012). The role of public property in ensuring the socio-economic development of Ukraine: materials of the Intern. Scientific-Practical Conf., 18 September 2012, Donetsk; NAS of Ukraine, Institute of Economic and Legal Research. Donetsk: Yugo-Vostok, 224 p.

Kremenovska, I. (2012). The future of public ownership. Law Herald of Ukraine. 6–12 Oct. (№ 40), 3–6.

Kremenovska, I. V. The role of public property in ensuring the socio-economic development of Ukraine. URL: http://www.aprnu.kharkiv.org/news_18092012.html; http://iepd.dn.ua; http://www.hozpravo.com.ua/news/index.php?ELEMENT_ID=645

Ustymenko, V., Dzhabrailov, R. (2012). General and special features of public ownership as a subject of scientific research. Civil law problems, 4(71), 185–200.

Godfrin, Ph. (2001). Droit administrative des biens. 6e ȅd. P.: Dalloz, 3–7.

Pardessus, J.-M. Traitȅ des servitudes ou services fonciers. 8e ȅd. P.: Nȅve, 1838.

Foucart, E.-V. Elȅments de droit public et administrative ou Exposȅ mȅthodique du droit public positif. 3 vol. 1e ȅd. P.: Videcoq, 1834–1835.

Proudhon, J.-B.-V. (2010). Traite du domaine public, ou de la Distinction des biens consideres principalement par rapport au domaine public. Vol. 1 (French edition). Nabu Press (BiblioBazaar / BiblioLife).

Auby, J.-M., Bon, P., Auby, J.-B. (2003). Droit administrative des biens. 4e ed. P.: Dalloz, 9, 96–98.

Vynnytskyi, A. V. (2005). The administrative and legal framework of state property management: thesis for Cand. Sc. ( Jurisprudence). Ekaterinburg, 283 p.

Stetsenko, S. H. (2008). Administrative law of Ukraine: study guide. Kyiv: Atika, 624 p.

Bortnyk, N. P., Yesimov, S. S. (2015). Principles of financial control in the system of investment and legal policy. Herald of Lviv Polytechnic National University. Series: Legal Sciences, 824, 14–21.




DOI: http://dx.doi.org/10.30525/2256-0742/2019-5-3-203-206

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