Constitutionalism and mass voucher privatization

Abstract

The issues of unfair distribution of national wealth in the process of mass privatization have given rise to the main problems of building a modern legal state. Taking into account the doctrine of Russian constitutionalism requires filling with moral principles, should be aimed primarily at ensuring the common good and justice in the management of society.

Mass non-cash privatization has become the most important means of struggle for power and economic resources. It is characterized as the most important constitutional and legal phenomenon, which included such negative signs as: distortion of the mental image of constitutionalism, distrust of state power, violation of the principles of the rule of law, separation of powers, basic social rights of citizens, etc.

A characteristic of several of the most realistic approaches to assessing and solving the problem of restoring the rights of the state as an owner is given. The most realistic option is considered to be a point approach to assessing specific privatization transactions. Smoothing out the most painful manifestations of injustice in the process of mass privatization today manifests itself in the form of deprivatization, the legal content of which is revealed in the work. The most significant problems in challenging the legality of privatization transactions are: the statute of limitations and the protection of the rights of bona fi de purchasers. In recent years, judicial practice has been moving towards a certain restoration of constitutional values violated in the process of mass privatization. At the same time, attention is drawn to the fact that, for example, the issues of the statute of limitations and the rights of bona fi de purchasers in relation to privatization transactions should be more fully and unambiguously regulated by the federal legislator.