On Some Problems of Concluding a Lease Agreement for Federal Real Estate

   The effectiveness of the use of publicly owned real estate remains a pressing legal issue. It is assumed that the optimal extraction of all its useful properties from public real estate is possible, including by attracting the widest range of people to use an object on a competitive basis. The problems of ensuring the effective implementation by Russia as the owner of real estate of its powers as a lessor of such property are considered.

   The purpose of the study is to identify and describe the shortcomings of the current procedure for concluding a lease agreement for federal real estate.

   The specifics of refusal to conclude a lease agreement on a competitive basis were studied. It was concluded that such a refusal is due to specific — socially significant and state necessary goals for the use of federally owned real estate. The description of four main options for the non-application of the general rule for determining the tenant of public real estate based on the results of trading is proposed, the disadvantages of legislative approaches in relation to each of these options are described. It was proposed to clarify the content of the grounds for exclusion from the general rule for providing public real estate to private law entities on a competitive basis. It was concluded that it was necessary to adopt a federal law that would regulate the specifics of the disposal of federal property, property of the constituent entities of the Russian Federation and municipal property.

1. Baranov V.M., Kartashov V.N. The main shortcomings of the coordination practice for ensuring economic security of the Russian Federation at the present stage // Economic Security of Russia: Political Guidelines, Legislative Priorities, Practice of Ensuring. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2006;(6):11-15. (In Russ.)

2. Kartashov V.N. Mechanism of Coordination Regulation // Bulletin of the Scientific Works of the Nizhnekamsk Branch of the Moscow Humanitarian and Economic Institute. Issue 3. Part 8. Issues of the Theory and History of State and Law / Ed. P.A. Kabanov. Nizhnekamsk, 2001. P. 21-25. (In Russ.)

3. Maksurov A.A., Makarov I.I. Coordination in law : Monograph. Yaroslavl: Yaroslavl branch MFUA, 2012. 320 p. (In Russ.)

4. Kartashov V.N. Coordination legal practice of state bodies: a look at the problem of efficiency // Actual problems of the theory and history of law and state at the present stage. Coll. sci. proc. of the 5^th Interuniversity scientific-practical. Conf / Ed. prof. G.G. Bril’. Kostroma, 2007. P. 19-27. (In Russ.)

5. Bril’ G.G. Little-Studied General Social Functions of Coordination Legal Practice // Actual Problems of the Theory and History of Law and State at the Present Stage. Coll. of Scientific Proceedings of the 5^th Interuniversity Scientific and Practical Conf / Ed. by prof. G.G. Bril’. Kostroma, 2007. P. 121-125. (In Russ.)

6. Frolov S.E. Principles of Coordination Activity // Actual Problems of Jurisprudence : Collection of Scientific Papers. Vladimir, 2002. P. 59-64. (In Russ.)

7. Talanova M.V. Legal design of coordination processes // Law and business: collection of articles of the 1^st annual International scientific and practical conference dedicated to the 80^th anniversary of the birth of prof. V.S. Martemyanov. M.Yu. Abramkina, M.G. Abramova, A.A. Alpatov, and others / Ed. by I.V. Ershova. M.: Jurist, 2012. P. 101-118. (In Russ.)

8. Maksurov A.A. Modern methods of combating corruption and issues of coordination of their application : Monograph. M.: Rusains, 2023. 220 p. (In Russ.)

9. Kartashov V.N. On the Concept of Coordination Legal Tactics // Development of Youth Legal Science in the Modern World. Collection of scientific papers based on the materials of the VIII International Scientific and Practical Internet Conference on May 15, 2011. Tambov, 2011. P. 50-55. (In Russ.)

10. Talanova M.V. Economic function of mediation legal practice // Legislation and Economics. 2011;(11):18-24. (In Russ.)

11. Kivlenok T.V. Legal act as an external form of coordination activity // Actual problems of jurisprudence. Collection of scientific papers. Vladimir: VSPU, 2002. Issue 3. P. 54-58. (In Russ.)

12. Melnikov Yu.I. Forms of Coordination Interaction in Law: Coordination Seminar // Bulletin of Scientific Works of the Yaroslavl Branch of the Moscow Financial and Law Academy. Jurisprudence / Ed. by Yu.I. Melnikov, A.A. Maksurov, G.V. Semenova. Yaroslavl. 2003;(1);15-18. (In Russ.)

13. Chernetsov V.Yu. Psychological approach to the study of the problems of coordination legal practice // Legislation and law enforcement in the Russian Federation. Reports and communications of the VII international scientific conference. Moscow, April 17, 2007. Moscow: RSUH, 2007. P. 89-94. (In Russ.)

14. Postnov A.S. Control and supervision as factors in increasing the efficiency of coordination practice // Russian law in the period of social reforms. Proceedings of the conference of students, graduate students, applicants and young legal scholars (Nizhny Novgorod, November 26-27, 2004). Issue. 6. Part 1. 2005. P. 64-67. (In Russ.)

15. Terekhova A.V. Administrative discretion in the investigation of industrial accidents and administrative investigations in cases of violations of state regulatory requirements for occupational health and safety // Siberian Legal Review. 2024;21(3):311–323. (In Russ.). doi: 10.19073/2658-7602-2024-21-3-311-323. EDN: JKTMZV

16. Talanova M.V. Efficiency of Private Law Norms // Private Law Relations in the Context of Globalization. Saarbrüchen.: Lambert academic publishing, 2012. Part 1. Chapter 7. Pp. 109-116. (In Russ.)

17. Maksurov A.A. Combating corruption in the public procurement system in Russia and abroad : Monograph. M.: Rusains. 2024. 190 p. (In Russ.)

18. Maksurov A.A. Foreign experience in combating corruption in the public procurement system // Municipality. 2022;(12):24-26. (In Russ.)

19. Civil executive law. civil executive law: Study / [Vlasov A.A., Doctor of Law, Professor, Maksurov A.A., Ph.D.]; Ed. Doctor of Legal Sciences, prof. A.A. Vlasova; Top. Court Ross. Federation, etc. M.: Exam, 2004. 340 p. (In Russ.)

20. Maksurov A.A. Formation of institutional prerequisites for combating corruption in the field of procurement needs // Property Relations in the Russian Federation. 2023;(2):75-86. (In Russ.)