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THE FORM OF OWNERSHIP IN THE MODERN CONSTITUTIONAL ECONOMIC MODEL
Author(s) -
Владимир Мазаев,
Владимир Мазаев
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/23442
Subject(s) - constitution , law and economics , private property , ideology , denial , property (philosophy) , democracy , political science , economic system , business , law , economics , politics , psychology , philosophy , epistemology , psychoanalysis
23 years have passed since the adoption of the Constitution of the Russian Federation in 1993, but the question of the place and the role of the category of constitutional forms of ownership remains debatable. The article discusses the purpose of the form of ownership in the constitutional regulation of economic relations, an analysis of the main approaches to the evaluation of the legal significance of this category, argues that a formal stance on ownership’s nature gives a distorted view of the methods of legal influence on the economy. Despite the denial of the form of ownership’s ideological aspects in modern democratic constitutions this category has social elements. It is shown that an assessment of the constitutional form of ownership should be carried out by economic and social and legal aspects. Based on the texts of various states’ constitutions the analysis of the basic dimensions of the form of property exercise is undertaken, including also other aspects such as promoting advanced management methods, provisioning traditional economic structures and protecting particularly important property. The article demonstrates the interconnection of the constitutional form of ownership with organizational-legal forms of business. In this connection the nature and the purpose of the private and public forms of ownership are taken into account. Otherwise it is difficult to mark the necessary boundaries and ways of state participation in the economy. The conclusion defines that the constitutional ownership is an essential tool for building the optimal model of economy by means of supporting the most promising and traditional ways of economic management.

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