PROTECTION OF NON-PROPERTY RIGHTS OF THE STATE: PROBLEM STATEMENT

Abstract

The article raises the problem of the civil legal capacity of the Russian state and methods to protect intangible assets belonging to public law entities. The author proceeds from the fact that the Russian Federation, its constituent entities and municipalities are full participants in civil law relations, they own both property and non-property rights. The problem of determining the appropriate parties when considering cases involving public law entities by the courts is pointed out. Purpose: To substantiate the existence of non-property rights in a public law entity, and to propose methods and forms of protection for some of them. In preparing the article, the most common research methods are used: analysis of procedural legislation regulating the participation of public law entities in a civil case, structural-logical (disclosure of the topic of the article in a clearly formulated logical structure), formal-legal (use of generally accepted legal terms and concepts), comparative-legal (study and comparison of legal norms, institutions and their application practices), historical-legal (analysis of the history of the formation of legislation on participation in the process of public law entities). Results: Business reputation (as participants in civil law relations) and traditional Russian spiritual and moral values are mentioned as intangible assets that the state, its constituent entities and municipalities can possess. Civil law protection of these assets should be carried out within the framework of litigation proceedings.