Borodach M.V. The idea pf constitutional equality of public owners and its correlation with the civil concept of legal equality of all owners

Abstract: This work presents the analytical research of the issue of dominant juridical principle of relations of public owners in property sphere. Based on synthetic generalization of phenomenological characteristics of public property, norms of Russia’s legislation and practice of its application, and various scientific opinions the author comes to a conclusion that the nature of relations of public owners with other owners cannot be defined by the act of legal equality of participants of the transaction set in civil legislation. Comparative analysis of the norms of constitutional and civil legislation, with consideration of relevant legal positions of the Constitutional Court of the Russian Federation, demonstrates that the property relations of public owners are based on the principle that is different in its legal nature. Relations between the public owners are based on the idea of their constitutional equality under the federative nature of the Russian state. This conclusion derives from the comparative analysis of the legal position of the Constitutional Court of the Russian Federation formulated during a hearing of a case which argued the constitutionality of the transfer of state property of the constituents of the Russian Federation to federal property as a result of delimitation of authority on the subjects of joint competence of the Russian Federation and its constituents.

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