The legal nature of the transfer of the item

The relevance of the article is due to the lack of a consensus in the science of civil law regarding the legal nature of the transfer of a thing. The study of this issue can enrich the legal science and increase the effectiveness of law enforcement activities.Purpose: to determine the legal nature of the transfer of a thing in Russian civil law.Objectives: to study the institution of transfer of a thing in Russian civil law and the established practice of applying the rules on transfer of a thing and transfer of ownership by courts; analyze various scientific approaches to determining the legal nature of the act of transfer of a thing; identify contradictions in them and formulate conclusions regarding the legal nature of the transfer of a thing and its role in civil turnover.Methodology. The article uses general scientific methods of analysis and synthesis, abstraction and generalization, deduction, dialectical, formal legal and historical methods.Results. The transfer of a thing is a volitional action, which is associated with the transfer of ownership from the alienator to the acquirer. In this regard, in legal science, there is an assertion that the transfer of a thing is a special administrative transaction that exists along with a binding transaction – a contract in fulfillment of which the thing is transferred. Meanwhile, there is another point of view, according to which the transfer of a thing is not a transaction, since it does not meet the criteria of a transaction, but represents only a material act with legal consequences.Conclusions. The transfer of a thing in Russian civil law is a material act, which in the system of legal facts refers to legal acts.