LOCAL SELF-GOVERNMENT BODIES AS LEGAL ENTITIES: LEGAL REGULATION PROBLEMS

Abstract

Purpose. The study is aimed at analyzing the special legal status of local government bodies as legal entities, taking into account the dual nature of their nature as public authorities and business entities. Methods. Analysis of the norms of legislation governing the status of local self-government bodies as legal entities. Identification of contradictions in the legal regulation of the participation of local governments in civil relations. Results. The issue of the possibility and necessity of holding the status of a legal entity by public entities is investigated. The bodies of local self-government have public authorities and at the same time are subjects of civil law. The correlation of the public legal concept of the public authority and civil-legal design of the legal entity is analyzed. The usefulness and necessity of introducing the category of a legal entity of public law is indicated, at the same time attention is drawn to various and ambiguous prospects for the development of Russian legislation in the case of using this design. Scientific novelty. The classification of legal entities into public and private is proposed. The principle of borrowing is formulated according to which traditional civil constructions should be accepted by public law in their original understanding, without distortion, and vice versa.