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The Public Use Right in Terms of Suibjective Public Rights
Abstract.The subject of the research is the provisions of the doctrine that relates to the right to public use as well as the effective Russian laws that regulate the legal regime at state and municipal units designated for public use. The author of the article examines such aspects of the public use right as: 1. development of the public use right as part of subjective public rights; 2. legal confirmation of the right by the positive law and how it is described by modern science; 3. actors; 4. contents; 5. relation to the obligations of public administration, etc. The research methods used by the author include systems analysis as a general method and special law, comparative law and historical law methods as special methods. As a result, the author concludes that the public use right is an independent and important kind of subjective public rights that have a number of legally relevant features: 1. it is unalienable; 2. it is a statutory subjective right; 3. the right covers state and municipal property that are inscribed into the public space and designated for public use; 4. the right arises when a property is prescribed for public use; 5. it is regulated mostly by the public law; 6. it has got an absolute nature; 7. the authorized person has got the plurality; 8. the content thereof is the self-action competences; 9. it is a limited proprietary right; 10. it remains effective in case of a new public owner; 11. the right is validated disregarding state registration of a property; 12. the right is intimately connected with the obligations to use the property duly; 13. the right is defended based on legal norms.
Keywords: public property law, municipal property, state property, public property, property right, subjective public right, res publicae, administrative property low, public use, road
Article was received:25-12-2018
This article written in Russian. You can find full text of article in Russian here .