The Principle of Equal Protection of All Forms of Ownership and Public-Private Partnership

The article is devoted to the study of the legal regulation of relations in the field of public-private partnership and the consideration of the constitutional principle of equal protection of all forms of ownership in these relations. This aspect is little studied in legal science. In the article, the author attempts to analyze the law on public-private partnership in the protection of public property rights, focuses on the features of public property that allow distinguishing this type of property from others. The author aims to study the law on public-private partnership and the practice of its enforcement in accordance with the positions of the Constitutional Court of the Russian Federation and the interpretation of the norms of the Constitution of the Russian Federation on the protection of property rights. In the study, a formal-legal method was used, which made it possible to establish signs of public ownership right that distinguish its content from private property rights and to state that one of the shortcomings of the law on public-private partnerships is that it does not take into account the characteristic features of the content of public property rights . The transfer of the object into private ownership does not imply the preservation of the category of public interest and the idea of common good in its content. At the same time, the Constitutional Court of the Russian Federation does not exclude differences in the legal regime of private and public property, due, inter alia, to the peculiarities of the exercise and protection of rights to objects in private or public ownership. Using the sociological method in the analysis of judicial practice in public-private partnerships and public-private partnership projects, the author formulates recommendations on improving the mechanism for protecting public property rights in public-private partnership relations, as regulation does not take into account the features of public ownership. As a result, the author concludes that the law in the field of public-private partnership does not take into account the constitutional principle of equal protection of all forms of ownership. It allows transferring public property to private ownership and modifying objects without taking into account the interests of the public. In this regard, a change in this law should provide for the preservation of the object on the right of public ownership by a public partner and the registration of a pledge with a private partner for the entire duration of the public-private partnership agreement; in relations of the reconstruction and restoration of the object, it is necessary to take into account public opinion. The author also justifies the need to consolidate the principle of observance of public interests in the law on public-private partnership.

Keywords

Authors

References