About illegal inaction of public legal formation in the sphere of things and other related legal relations


Issue: №4 (68) 2021

Heading: Topical issues of private law


Keywords: misconduct, inaction, public law formations, state and municipal authorities, state and municipal functions, property rights, property relations, public property, management of state and municipal property, private property, differentiation of property, legal consequences, harm, liability , ownerless property.


The article examines unlawful inaction as one of the forms of behavior of public law formation, which can entail legal consequences of various industries, including civil law. The author focuses on the consequences of the negative nature of such behavior, primarily in the sphere of material relations. The most typical harmful consequences are indicated. It is substantiated that such consequences can develop both in the sphere of property rights of other participants in civil turnover (individuals), and in a specific public law entity. Unlawful inaction is considered as a result of non-fulfillment (non-fulfillment) by a public-law entity (its respective bodies) of state and municipal functions. The negative significance of the inaction of public law formation in the sphere of real relations also affects the mechanism for the implementation of subjective civil rights, creating obstacles in their implementation and, as a rule, leads to harm, which is confirmed by examples from judicial practice.