- Research Article
- 10.20310/2587-9340-2026-10-1-106-117
The “public space” concept according to the legislation of the Russian Federation
- Mar 04, 2026
- Current Issues of the State and Law
- Natalya Kovaleva
An attempt is made to determine the legal nature of the term “public place” in Russian legislation in the absence of its legal definition. It is argued that “public place” is an independent legal category, the content of which is formed through a system of spatial, functional and negative criteria, including a combination of open access and public designation of the territory. The volume of concepts associated with this category (“places of mass residence of people”, “common use area”) is analyzed, including in an intersectoral context. The importance of law enforcement concretization in the context of a regulatory gap is revealed and the role of decisions of the Constitutional Court of the Russian Federation in establishing the constitutional and legal boundaries of the concept used is revealed. The necessity of transition from a certain “judicial construction” of the content of the category of “public place” to its minimal legalization at the level of federal legislation is revealed. The significant role of technical and legal regulation (detailing) in the regulation of such legal relations is substantiated.
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