Privatization of state and municipal property by domestic courts

The author analyzes the legislation on privatization of small and medium-sized enterprises of the leased real estate located in public property. From the standpoint of the theory of civil law considers the legal nature of the pre-emptive right to privatization. On the basis of a systematic interpretation of the rules of civil law on pre-emption rights justifies the conclusion that the preferential right of privatization is one of the relative subjective civil rights. Makes position the Constitutional Court of the Russian Federation, the practical conclusion that the pre-emptive right to privatize the public can not be against the will of the owner of the property.