The right of economic management and the right of operational management do not belong to the category of classical property rights. Existing standards today have a significantly reduced volume in comparison with their prototypes. Thus, the possibility of abuse of economic freedom is limited.
The right of economic management belongs only to unitary and state enterprises. Their object can be not only real estate, but also any other things that are necessary to carry out the activities of subjects. The right of economic management applies only to municipal or state property. The composition of the property is fixed in the manner established by the owner. Its value is calculated in accordance with the legislation on valuation activities.
The right of economic management is the right established by federal law. It cannot be amended by agreement between the legal representative and the owner of his property. The right of economic management, which is vested with commercial organizations - unitary enterprises, has a fairly wide scope.
Its content includes the powers of use, possession, disposal of property, which is assigned to a unitary enterprise. At the same time, some restrictions are set by law.
Thus, the right of use in terms of the ability to appropriate the fruits and income from the use of property is limited by the possibility of the owner receiving part of the profit from this use.
The disposal of property by a unitary enterprise is carried out in a framework that does not restrict the conduct of its own statutory activities. The enterprise may dispose of the property only with the consent of the owner. Also, consent is necessary when disposing of shares (contribution) in the share (authorized) capital or shares. Transactions that were made in violation of restrictions are void.
Features in accordance with which the right of economic management is exercised in relation to certain types of property located outside of Russia (securities, real estate, shares and shares) can be established by the Government of Russia.
The termination of powers, as well as their occurrence, in accordance with the general rule, is directly related to the moment of transfer of property. We are talking about a certain property, in relation to which the authorized bodies representing the public owner make a decision on its assignment to a legal entity. Other points at which these rights arise may be established in a decision on the transfer of property adopted by the public owner.
The emergence and termination of powers must be registered with the relevant state authorities.
Termination of economic management rights is carried out in accordance with the general grounds established for the termination of property rights. In addition, there is a special reason for termination, in connection with a unilateral transaction of the owner - the decision to seize (in accordance with the law). This procedure may take place in the event of reorganization or liquidation measures at a unitary enterprise.
Another specific reason for the termination of these rights may be the transfer of ownership to a private owner from a public one. This happens, as a rule, as a result of privatization. This basis is an exception to the rule.
One of the methods for exercising the authority of an order is considered to be the rejection of economic management rights. It should be noted that to stop disposing of property, unilateral expression of the will of a legal entity is not enough. But this expression of will may become the basis for the owner to decide on the lawful seizure of property.