Theoretical and legal problems of consolidating the intersectoral institute of property in Russian law

Abstract

Background. The relevance of the research topic is determined by its scientific, theoretical and practical sig-nificance. In scientific and theoretical terms, the study of this problem allows us to deepen our understanding of the institutionalization of property in Russian law. In practical terms, the topic is significant from the point of view of studying legal ideas and theories in order to improve Russian legislation concerning the institution of property. The purpose of the article is to attempt to examine the evolution of legal theories of property and their reflection in current legislation. Materials and methods. The article is based on an analysis of the available legal theories of property. It uses the following research methods: dialectical, historical, comparative legal meth-ods, method of analysis and synthesis. Results. The article substantiates the idea of the evolu-tionary development of Russian legislation in terms of property relations, showing that the legis-lation and the Constitution of the Russian Federation were based on various theories of property, which are most in demand in modern conditions. Conclusions. An analysis of modern Russian legislation has shown that its normative provisions on property are based on several of the most widespread legal theories of property that arose in different historical periods – the liberal theory of property, the theory of the social function of property, the theory of the triad of owner's rights, and the socialist theory of property. Their combined use indicates the transitional nature of Russian society, which finds its consolidation in the Constitution of the Russian Federation.