On the question of the model of participation of public entities in civil relations in the light of the legal positions of the Constitutional Court of the Russian Federation
Abstract
The article is devoted to the problem of changing the model of participation of public law entities in civil relations by the Constitutional Court of the Russian Federation on the example of non-contractual obligations arising between the state and individuals. For this purpose, a study was carried out of the legislative model of state participation in private relations, enshrined in Articles 2, 125 of the Civil Code of the Russian Federation, and the legal positions of the Constitutional Court of the Russian Federation, formed in the Resolutions of the Constitutional Court of the Russian Federation of 22.06.2017 No. 16-P and of 08.12.2017 No. 39-P.
As a result, the author comes to the conclusion that the current legal model of participation of public law entities in civil relations does not provide for any exceptions for non-contractual obligations arising between the state and individuals. On the contrary, the legislator is consistent in deciding which state bodies and under what conditions are capable of realizing the civil legal personality of the latter. Changing this model by the Constitutional Court of the Russian Federation by expanding the list of bodies capable of creating legal consequences for public entities, without taking into account the scope of their competence, as well as the differences between federal authorities and state authorities of the constituent entities of the Russian Federation, is premature and requires further careful study and study.