Keyword: «property rights»
ART 213001
The timeliness of the study stems from the fact that the effectiveness of formal institutions determines the economic well-being of a country. The purpose of the article is to identify the role and functions of formal institutions in the context of Coase’s theorem. The study concluded that in the case of high transaction costs, formal institutions should play a key role in economic exchange, ensuring the transfer of property rights to the most effective agent. In the case of low transaction costs, formal institutions should provide the most favorable conditions for the voluntary exchange of property rights.
The article examines the interaction between public and private law in the process of bringing individuals to criminal responsibility. It draws attention to the recent trend of increasing the severity of criminal penalties for individuals who have committed certain types of crimes, which has led to the infringement of the private legal interests of law-abiding citizens. The article also emphasizes the need to ensure a balance between public and private interests in criminal proceedings
The article provides a comprehensive analysis of the legal regulation and practice of the «dacha amnesty» in Russia from 2006 to 2024. The key results of the program are examined, systemic problems hindering its implementation are identified, and development prospects are assessed. Based on the analysis of statistical data and legal positions, proposals for legislative improvement are formulated.
This article analyzes the legal issues surrounding land expropriation for public needs in the Russian legal system. It demonstrates that, while this institution is formally integrated into the system of constitutional guarantees of property rights, current regulations lack a legal definition of public needs and public interest, an open list of grounds for expropriation, and fragmented provisions of the Civil Code and Land Code of the Russian Federation. Particular attention is paid to the procedural asymmetry between the public entity and the rights holders, the lack of clarity regarding compensation mechanisms, including for tenants and other derivative rights holders, and the impact of appraisal activities on the amount of compensation. Corruption risks are noted, stemming from the high level of discretion exercised by government agencies and weak judicial oversight of the material validity of expropriations. Proposals are formulated for improving legislation aimed at formalizing public interest criteria, strengthening guarantees of fair compensation, and increasing the transparency of expropriation procedures.
The article examines the problems and prospects of the development of the institution of ownership in Russian law, considering foreign experience. The current civil, land, and housing legislation is analyzed, as well as judicial practice on the protection of ownership and the statute of limitations. It is proved that the lack of a legal definition of ownership in Russian legislation and a clear system of its types creates doctrinal and law enforcement difficulties. Based on a comparison with the German and Dutch models, directions for improving Russian legislation are proposed, including the normative consolidation of the general concept of ownership and clarifying the rules on joining the limitation periods of ownership. The conclusion is made about the need for a systematic registration of ownership as an independent institution of private law.

Inna Jabinskaya