ДО ПИТАННЯ ПРО МОДЕЛІ ПРАВА ПУБЛІЧНОЇ ВЛАСНОСТІ У ЄВРОПЕЙСЬКОМУ ПРАВОВОМУ ПРОСТОРІ

The paper examines competing models of the law of public ownership in the European legal space and assesses their relevance for the modernisation of Ukrainian legislation in the context of EU integration. It contrasts the “social model” of property, characteristic of many European legal systems, with a dualistic model that institutionally distinguishes between private and public ownership at the level of civil law, using examples from German, Romanian, and Ukrainian constitutional and civil regulation. Under the social model, public interests are secured primarily through constitutional limits and social functions imposed on a formally unified concept of private property. This presupposes a high level of democratic legitimacy, stability of the legal order, equality, and legality in the exercise of ownership. The dualistic model, by contrast, explicitly institutionalises public ownership as a separate category, with a special regime for assets belonging to the state and territorial communities, in addition to the general regime of private ownership applicable to all natural and legal persons. Using Romanian law as a key example, the paper shows how constitutions and civil codes define two forms of property (public and private), assign public property to the state and administrative-territorial units, and link public ownership to assets used in or representing the public interest, often removing core public assets from civil circulation or subjecting them to specific acquisition regimes.