Sources of Property Formation of a Public Law Company

Abstract

As part of the civil legislation reform, a public not-for-profit company is recognized as an independent form of non-profit organizations. Its intermediate position between a legal entity as a subject of private law and a public authority shows the existence of features in the methods of its property formation. In the article the author has analyzed the sources of formation of the property of the public not-for-profit company, investigated doctrinal approaches to understanding the essence of the sources of formation of the property of the organization under consideration. The peculiarities of property formation of public law companies operating in Russia have also been determined. According to the results of the analysis, the author has drawn the conclusion about a predominantly public nature of the property component of public not-for-profit companies, the main source of formation of which is the state property or funds received under statutory provisions. The author makes the interest of the founder in the property component of a public not-for-profit company conditional upon implementation of the state and public interests and public law functions imposed on it. On the basis of the study, the author has determined a conflict in the legislation regulating the investment of temporarily free funds of a public not-for-profit company as a revenue-producing activity and has made proposals to resolve it.