SPECIAL LEGAL CAPACITY OF BODIES, UNITARY ENTERPRISES AND MUNICIPAL INSTITUTIONS IN CIVIL RELATIONS
Background: the civil code recognizes municipal entities as independent persons vested with powers within the framework of General (public-legal) capacity, as well as civil legal one. When considering the legal capacity and legal capability of public legal entities, it should be born in mind that they are not created purposefully for being involved in civil law relations. The civil-legal functionality of municipalities acts as an addition to the main functions. Objective: to assess various scientific and law enforcement positions regarding the legal status of the municipality. Methodology: a set of dialectical, metaphysical and systematic research methods, as well as a teleological approach. Results: in a detailed re view of different positions on the legal status of the municipal formations the author comes to the conclusion that they are contrary to the provisions of article 132 of the Constitution and the Federal law “On General Principles of Organization of Local Self-government in the Russian Federation” as the municipal formation through their bodies are vested with pow ers to own, use and dispose of municipal property, as well as to perform other transactions stipulated by Federal laws. The bodies in question have competence not only in public-legal relations, but also in civil relations, which regulates the existence of special legal capacity. Conclusions: speaking of the special legal capacity of municipal institutions, it is necessary to pay attention to its features in each specific organizational and legal form. The fact that there exist many types of institutions complicates its understanding.