Legal Regime of Non-residential Premises Belonging to State and Municipal Ownership

Abstract

   This article examines the legal regime of non-residential premises owned by the state or municipality. The author off ers her own definition of the legal regime category and identifi es the main differences in the legal regulation of private and public premises. An analysis of law enforcement practices reveals the most common issues associated with the circulation of such real estate. These issues encompass difficult auction outcomes, confl icts over the priority right to renew a lease, disputes concerning the determination and modifi cation of rent, premature termination of leases and vacating properties, as well as non-competitive leasing of commercial spaces without auctions and the misuse of the priority right to acquire leased assets. The article also presents a proposal for improving Federal Law No. 159-FZ, which concerns the specifi cs of the alienation of movable and immovable property leased by small and medium-sized businesses and owned by the state or municipality. The article substantiates the need for a comprehensive approach to addressing these issues by developing a unified, systemic law regulating the circulation of non-residential premises.