Kutafin University Law Review

In issue 1 on 2016 year


DOI: 10.17803/2313-5395.2016.1.5.142-157

Author: Ilya Iksanov and Polina Krasnova (Russia)


Annotation: Exemption from the dogmatic approach to the study of problems in the industry and constitutional law coincided in time with the trends toward deregulation and liberalization of the economy that determines the demand for special analysis of the new role of constitutional law in the regulation of social and economic relations. The article analyzes the judicial practice of the Constitutional Court of the Russian Federation and the constitutional courts of foreign countries on the issues of property, covering the significant differences in the constitutional legal and civil legal regulation of property rights, as well as the impact of the legal views of courts on the economic relations and their stability. Constitutional regulation of economic relations includes issues of property, labor, exchange, distribution, consumption of material and spiritual wealth. At the same time public relations related to the distribution and consumption of goods are in the sphere of not only economic, but also primarily social relations. An integrated approach to the investigation of the constitutional regulation of the economic relations in Russia, and property rights in particular, is of great practical importance. At the present moment, the legal rules of the Russian Federation are not able to effectively regulate the freedom of economic relations, and if necessary, to limit property rights in the interests of the entire society. This raises the question of the parity between the constitutional law and economic relations, as well as the issue of the legal regulation of property rights. The present paper uses both Russian and foreign sources.

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Keywords: Constitutional legal regulation of the economic relations; the relationship between law and economics; constitutional economics; the limits of public interference in the constitutional law; constitutional-legal aspects of property rights; legal views of t