Operational management of property as a property right is provided by the Civil Code of the Russian Federation to state treasury institutions and enterprises. This right is used both in the sphere of state and private property.
The operational management of property is characterized by such features. This right is exercised by public institutions within the framework of the law in accordance with the specific objectives of the activity and the purpose of the property. Unlike the owner of the property, the powers of the holder of this right have a framework. They can be determined by the owner, who has the right to dispose of them at his own discretion or to completely withdraw property from the holder of the right of operational management.
The subjects who are assigned the operational management of property may have different statuses and be endowed with different tasks. In connection with this Civil Code, different norms of this right are defined.
As a rule, the state creates state enterprises in the most important areas and areas of economic activity. Therefore, it is directly interested in ensuring that the property base of these enterprises is retained by them and contributes to the implementation of the tasks assigned to them. That is why the operational management of property is strictly regulated by the Civil Code and is largely limited by a strict framework.
The owner of the property may withdraw property from operational management in case of its irrational use and transfer it to another enterprise at its sole discretion. At the same time, the owner of the property has the right to determine the main activities of the public institution, as well as the distribution of income received by him.
A state-owned enterprise may alienate and dispose of property transferred to it by the right of operational management of property only with the consent of the owner. It can only sell its products on its own.
Institutions can be not only public, but also private. Therefore, the regime of operational management law should reflect the features of the functions performed by the enterprise, the ability to manage revenues, etc.
Institutions with property under management cannot dispose of it on their own. However, property owners are responsible for the possible consequences of their interference in the economic activities of enterprises to which property is transferred for management. This is expressed in the establishment of subsidiary liability for the obligations of state, budgetary and private institutions in cases of insufficiency of their own property.
In addition, there is the right of economic management of property . It, like operational management, belongs to a legal entity. It consists in empowering to dispose of other people's property. The purpose of these rights is to create opportunities for independent participation of legal entities that do not own their own property in civil circulation.
The subjects-owners of economic management rights are state and municipal enterprises. The economic management of property and the operational management of property differ in the content and scope of powers received by their owners from property owners.
The right of ownership is an opportunity to own, dispose and use property transferred by the owner, within the limits established by law. It does not give the right to independently dispose of real estate, but at the same time decisions regarding movable property may be taken without the consent of the owner. The owner reserves the right to create, liquidate or make other progress in the activities of the enterprise, the right to control his property, as well as the right to receive part of the profit. In other words, the right of operational management allows you to own and dispose of property in accordance with the assignment of the owner and the purpose of the property transferred to the jurisdiction.