Is it so Unconstitutional the Article 302 of the Civil Code of the Russian Federation or Questions to the Legislator About the Inheritance of Escheating Property

Abstract

In the work from the point of view of civil law science, the comprehension of the approach chosen by the Constitutional Court of the Russian Federation in assessing the civil legal mechanism of protection of property rights in the case of vindication of residential property by local government bodies is conducted, if such residential property is recognized as escheat. It is concluded that civil law needs to be improved. In the work, much attention is paid to the difference between the civil legal personality of public-law entity and the competence of the created state or municipal bodies. It is also said that in the first case, publiclaw entity is on equal terms with respect to third parties, in the second case – public-law entity demonstrates its authority through public bodies. If such entity operates in the civil turnover in the status of an equal participant in legal relations, that has the same volume of civil rights and obligations, which means that public-law entity in private legal relations must comply with the rules established by it.