Right of public ownership of land plots in the Russian Federation: discussion issues

Pages20-29
DOIhttps://doi.org/10.1108/JPPEL-09-2018-0027
Publication Date08 April 2019
AuthorAleksey Pavlovich Anisimov,Anatoliy Jakovlevich Ryzhenkov
SubjectProperty management & built environment,Building & construction,Building & construction law,Real estate & property,Property law
Right of public ownership of land
plots in the Russian Federation:
discussion issues
Aleksey Pavlovich Anisimov and Anatoliy Jakovlevich Ryzhenkov
Department of Civil Law and Procedure, Kalmyckij gosudarstvennyj universitet,
Elista, Russian Federation
Abstract
Purpose This paper aimsto substantiate the existence of the form of ownership of naturalresources (land)
in the Russianlaw, unknown to European legal systems.
Design/methodology/approach Dialectical method, historical method and systemanalysis method
have been used.
Findings The conducted research allows drawing a conclusion that non-delineated state form of ownership
of land plots is a unique legal phenomenon caused by the specicity of the transition period of Russia from a
totally state economy to a market economy. This inevitably leads to emergence of legal structures unknow n to
European systems of law and order. This issue has not only a theoretical but also practical nature.
Originality/value Studies of this problemhave never been conducted, neither in Russia nor in European
legal science.
Keywords Turnover, Ownership, Land, Lease, Real right, Subject
Paper type Research paper
1. Introduction
Ownership issues havealways been the focus of public attention, as well as of economicand
legal science. If we considerownership in the economic sense, its nature:
Consists in having the possibility of deriving benets from things and property, consuming them
in a certain way to satisfy interests and desires, gaining prot, and the legal basis of ownership is
availability of legally established, recognized rights of particular persons to possess things,
values and legalized possibilities arising from these rights to dispose of ownership objects, use
them at their own discretion (Management of state property, 2002).
Economic theory distinguishes a number of features inherent in ownership and
predeterminingits place in any economic systems:
Ownership is a general economic phenomenon existing at all historical stages of
social development, ownership relations form the economic mechanism of any
society.
Ownership is a social relation; it is not only generated by society but can also exist
only within society; to dene ownership, it is necessary for the subject of ownership
to enter into relations concerning its object with other persons.
Ownership is the basic (system-forming) relation, as exactly ownership unites
production relations into a single whole transforming them from the aggregate
into a system; ownership relations determine one or another type of economic
system (Morgunov and Chernyavsky, 2013).
JPPEL
11,1
20
Received6 September 2018
Accepted26 October 2018
Journalof Property, Planning and
EnvironmentalLaw
Vol.11 No. 1, 2019
pp. 20-29
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-09-2018-0027
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/2514-9407.htm

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