CONSTITUTIONAL REGULATION OF OWNERSHIP
https://doi.org/10.29235/2524-2369-2018-63-2-234-242
Abstract
Comparative legal analysis of the differences in the regulation of status of ownership and property right in the constitutions of a number of countries were conducted in the article. The study was executed in three directions. First, it is analyzed how exactly the property is represented in the constitutional norms. The study of the texts of the constitutions made it possible to establish that the question of property is represented either as a subjective right of a citizen, or as an economic and legal category (form of ownership), or as a sum of both. Secondly, the volume of constitutional regulation is compared. Depending on this, it is proposed to outline a brief, medium and detailed model of constitutional property regulation. Thirdly, there are differences in the nature (form) of the constitutional norms governing property relations. They can be formulated either as a norm-setting, or as a guarantee norm.
About the Author
I. V. Minnikes
The Irkutsk Institute (affiliation) of the All-Russian State University of Justice
Russian Federation
D. Sc. (Law), Head of the Department of Theory and History of State and Law
Russian Federation
D. Sc. (Law), Head of the Department of Theory and History of State and Law
References
1. Andreeva G. N. The institution of property in foreign countries and the Constitution of the Russian Federation Constitution. Moscow, Norma Publ., 2009. 366 p. (in Russian).
2. Bratus S. N. The form of ownership under the Constitution of the USSR. Moscow, Editorial and publishing department of the military-legal academy, 1949. 20 p. (in Russian)
3. Vlasova M. V. Ownership in Russia: origin, legal content, ways of development. Moscow, Eksmo Publ., 2007, 192 p. (in Russian).
4. Gribanov V. P. Implementation and protection of civil rights. Moscow, Statut Publ., 2001. 411 p. (in Russian).
5. Krasavchikov O. A. (ed) The Constitution of Developed Socialism on the Types and Forms of Ownership in the USSR. Grazhdanskoe pravo, ekonomika i standartizacija mezhvuzovskij sbornik nauchnyh trudov [Civil Law, Economics and Standardization: Interuniversity Collection of Scientific Proceedings]. Sverdlovsk, Publishing house of the Ural University, 1978, iss. 64, pp. 5–19 (in Russian).
6. Kuznetsova L. Yu. The economic system of modern Russia: the Constitutional bases. Moscow, Russian Academy of Justice, 2009. 224 p. (in Russian).
7. Mazaev V. D. The Constitution and the ownership. Konstitucionnoe pravo: vostochnoevropejskoe obozrenie [Constitutional Law: Eastern European Review]. 2003, special issue no 4 (45), pp. 185–190 (in Russian).
8. Samochkin A. N Ownership and ownership in the constitutions and charters of the subjects of the Russian Federation. Pravo i politika = Law and Policy, 2004, no. 8, pp. 14–20 (in Russian).
9. Tolstoj Ju. K. The Constitution of the USSR and the right of ownership. Sovetskoe gosudarstvo i pravo [The Soviet State and the Right], 1978, no. 7, pp. 13–20 (in Russian).
10. Hludneva Yu. N. On the question of the constitutional regulation of private property in the Constitution of foreign countries. Voprosy sovremennoi yurisprudentsii: materialy IV Mezhdunarodnoi nauchno-prakticheskoi konferentsii [Questions of modern jurisprudence: materials of IV International. Scientific and Practical Conference]. Novosibirsk, SibAK Publ., 2011, no. 4., pp. 49–54 (in Russian).
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