ISSUES IN IMPROVING THE LEGAL REGIME OF THE PROPERTY OF CITIZENS' SELF-GOVERNMENT BODIES

Abstract

This scientific article provides a scholarly analysis of the issues related to improving the legal regime of the property of Citizens’ Self-Government Bodies (CSGBs). The legal regime of mahalla property is inextricably linked to the legal status of citizens’ self-government bodies; therefore, the author analyzes the constitutional and civil legal status of CSGBs. The legal status of the mahalla is compared with similar institutions in foreign countries. The article supports the view that CSGBs constitute entities with special functional legal capacity and enjoy the rights of a legal entity.

A comparative analysis is carried out of the sources of mahalla property formation, including the correlation between property generated through the initiative and independence of the mahalla itself and funds provided by the state. External sources of mahalla property are positively assessed from the standpoint of necessity and expediency. It is substantiated that the ownership of the mahalla’s immovable property by citizens’ self-government bodies primarily on the basis of the right of ownership contributes to strengthening the legal status of the mahalla. According to the author, the buildings in which mahalla bodies operate should be legally prohibited from being pledged or otherwise alienated. It is proposed that the management of mahalla property be carried out on the basis of quasi-corporate mechanisms and that the exclusive powers of the mahalla citizens’ assembly in this sphere be established by law.