Историко-правовой анализ института распоряжения имуществом после ликвидации общественных организаций

Вестник Омского университета. Серия: Право. 2020. Т. 17. № 3. С. 26–35.

Боголюбов Е. А.

Introduction. The history of public organizations is an actual topic of scientific research. Originated in ancient times, they have passed a long way of development. Comparative study of the legal status of public organizations is extremely rare, although such studies would be not only interesting, but also useful for further improvement of legislation. Purpose. The aim of the study is to identify models of property disposal after the liquidation of public organizations in Roman law and to trace the reception of these models at different stages of development of domestic legislation. Methodology. Formal legal, comparative historical and comparative legal research methods were used in writing the article. Results. It is revealed that in Roman law there were three variants of disposal of property after liquidation of public organizations. In the domestic legislation these models were applied in various configurations depending on concrete historical circumstances. The transfer of property to state ownership was most often used in Soviet law, the direction of property for the implementation of statutory purposes prevailed in pre-revolutionary legislation. Modern Russian law gives preference to the latter option, but in rare cases allows the possibility of turning property into state property. Conclusion. The issues covered in the article will allow to better understand the place and role of public organizations at different historical stages of the development of the national state. The predominance of one or another option of disposal of property after the liquidation of public organizations indicates the degree of freedom of the latter from the state. A comprehensive study of the legal regime of the property of public organizations at different stages of the development of civil society in Russia is seen as promising in this regard.

Keywords: общественные организации, римское право, рецепция права, public organizations