The right to operational property management as a theory was doctrically substantiated in the forties and fifties of the twentieth century. The development of this theory was the result of a search for a specific normative design. It would allow the use of state property most effectively, while the state would remain the owner.
The right of operational management is the right that is assigned to state treasury institutions and enterprises. Objects can become not only real estate, but also other things that subjects use in the process of activity. The exception is only land.
The right of operational management of autonomous and budgetary institutions, as well as enterprises, extends exclusively to state and municipal facilities. Along with this, the case of transfer of private objects is also legislatively fixed. In this case, we are talking about the formation of private institutions. The right of operational management also extends to products, fruits and profits from the use of objects assigned to an enterprise or institution. Their composition is determined in accordance with the procedure established by the owner, and the cost is calculated in accordance with the laws on valuation activities.
The right of operational management is established on the basis of federal law. The agreement between the owner and the legal entity is not a basis for amending the procedure established by law.
The right of operational management includes the powers to dispose, use and possess. The target nature of legal capacity is expressed in the fact that the content of the rules is limited to the Civil Code, federal acts, and the Law on Enterprises. In addition, the goals in accordance with which the activities of the subjects, the purpose of the objects, and the tasks of the owner are limiting.
Depending on the subject of law, they allocate the right to manage budgetary and private institutions, state-owned enterprises and autonomous institutions.
A state-owned enterprise without the consent of the owner is allowed to use exclusively manufactured products, services and works by providing them on a fee-based basis to third parties. All other property, including income from activities, can be used only after the consent of the owner and within the framework in accordance with which the company carries out its statutory activities.
For private and budgetary institutions, the right to operational management does not provide the authority to order. An autonomous institution is allowed to freely dispose of exclusively movable property that does not have the status of “especially valuable”, as well as profit from its own activities. Particularly valuable are such objects, without which the implementation of statutory activities is substantially difficult. The fact that the property belongs to this category is determined by the founder in the process of securing this property to an autonomous institution in the manner established by the Government of the Russian Federation.
The powers in relation to certain types of objects located outside the Russian Federation (external shares, securities, shares, real estate) are established by the Government of the Russian Federation.
The emergence of the right to operational management coincides with the moment of transfer of property. The basis for the transfer of objects is a one-way transaction that is completed by the owner. The emergence of a right , as well as its termination, is registered by the relevant authority.
The powers are terminated in accordance with the general grounds of the current legislation.