Existential nature of private law norms in the regulation of activity of subjects of natural monopolies in Russian Federation

Abstract

The purpose of this study is to identify the existential nature, that is, to determine the existence and uniqueness of the real manifestation of private law rules in the regulation of the natural monopolies subjects from the standpoint of economic analysis of their activities. The main method of research is the economic analysis of normative legal and local acts regulating private relations of market participants operating under natural monopolies. The article also applies the methods of comparing the formal and actual state of the regulatory impact of private rules on the subjects of natural monopolies and the systematic interpretation of the relationship of economic content and legal form in the activities of natural monopolies. Particular attention is paid to the philosophical category of “existential nature” (existence) through economic analysis of law, which means the study of the presence and possibility of the regulatory impact of private law rules on the activities of the natural monopolies subjects. The analysis carried out in the article allows us to draw a conclusion about the dualistic nature of the legal regulation of the activities of the natural monopolies subjects. The current situation not only does not contribute to the application of special legislation containing the rules of power discretion, but also leads to the neglect in practice by the subjects of natural monopolies of the basic principles of civil law in relations with other participants of civil turnover. In connection with the significant social function of the subjects of natural monopolies and the presence in practice of abuse of subjective civil rights on their part, the article substantiates the proposal to include rules on the legal status of subjects of natural monopolies in the Chapter “Legal entities” of the Civil code of the Russian Federation.