Legal problems in public-private property interactions within entrepreneurship

The nature of contemporary entrepreneurial relations among market participants is significantly shaped by Russia’s mixed economy. This article argues for re-evaluation constitutional foundations of the Russian economic system within the Civil Code of the Russian Federation, specifically regarding the regulation of private and public property rights, and their application in business activities. It contends that, in modern contexts, a “thing” can no longer be considered a generalized concept encompassing all material products, and that property rights cannot encompass all elements of ownership. Property is a multidimensional concept, characterized by legal scholars through the personal qualities of its holder. However, economic-based property relations alone cannot explain all forms of ownership established by law. The approach to a commercial legally established forms of ownership. Treating a commercial corporation solely as an artificial entity, rather than a real organization with management and employees, obscures the legal connections between shareholders and the corporation. This perspective prevents the recognition of corporate ownership elements belonging to the corporation itself. Furthermore, a public legal entity’s 100% ownership of a joint-stock company does not necessarily indicate a complete loss of its ownership rights over the company’s assets, as the entity retains the right to dispose and manage shares, exercising corporate powers. The existing legal representation structure, allowing a corporate member to defend the company’s material interests in court through claims for damages, demonstrates themember’s participation in determining the fate of the company’s property. The article concludes that the essential meaning of property rights in Russian legislation is undergoing transformation, necessitating a reassessment of the general provisions on private and public property set out in the Civil Code of the Russian Federation. The authors propose the adoption of a separate law governing federal property and its management.