This article is a review that does not pretend to be fundamental, which can briefly be called "law and property relations." (As you understand, the unreviewed disclosure of this topic requires two orders of magnitude more exposition than that which we demonstrate to our readers.) Consistent with the essence of the subject, our further considerations will concern certain strong-willed relations of an economic nature between the subjects of the Russian market. It should also be noted that it will be analyzed exactly the relations to property in their classical form, not taking into account either the use or the transfer of means of production.
Types of property relations
As you know, property relations are divided into two types:
- evidence of ownership of property by a certain legal entity;
- regarding the transition from one legal entity to another.
The first group considers both the relationship to change the property of the owner or type of property, and the temporary transfer of it to persons who are not owners (for example, under a lease agreement). The second group takes into account the relations generated by civil contracts, inheritance, as well as the temporary form - unjustified enrichment in the legal field.
The legal regulation of a multitude of derivative forms arising in society from the above two types is the essence of the subject of study “law and property relations”.
And if you argue in line with the relationship of legal regulation and as a cause with the dynamics of macroeconomics, and how with the consequence? You can see that it is property relations that characterize a certain type of distribution of goods, which is the economic essence of the state. Their real use in the interests of the whole society testifies to the developed democratic foundations. It is characteristic that the formation of property relations and their development take place in the legal field documentary, i.e., discretely (at the time of consolidation or change in the ownership regime for certain entities).
The property role of civil law
Describing property relations in general, civil law should be mentioned not least. Since it is precisely this that is the central branch of jurisprudence that regulates them. What are property
relations regulated by civil law? Obviously, these include material goods of a commercial nature, but are they the only ones? They are also equated with things, known even from Roman law as “non-corporeal”. Examples of such res incorporates are, for example, bank deposits and the results of work. Moreover, if the bank deposit has the nature of the right of the depositor to claim the bank, then the work should be considered in the context of their commodity form.
The category of property relations is inherent rather not even as legal as economic nature.
The leading role in the regulation of non-public interpersonal economic relations historically and functionally belongs to civil law. This is manifested in the fact that it (in certain cases) regulates both family and labor relations with insufficient elaboration of a specific legal situation by the relevant type of legislation.
The relationship of property and non-property relations
Property relations, together with the non-property relations that constantly arise around them, are, in fact, the subject and specialization of civil law. Let's talk about this in more detail.
Property and non-property relations coexist in close interconnection with each other (we are talking about non-property relations, referred to in paragraph 1 of Article 2 of the Civil Code, regulated by copyright and licensing rights). In one case, related rights are subject to legal protection, the essence of which is to protect the interests of copyright holders if they have the results of their intellectual activity. In another, there is licensing law, which is regulated by the Federal Law of 08.08.2001 “On licensing of various types of activities”. As you know, through licensing, the state records and limits the number of economic players in certain sectors of the economy. The federal licensing authority is authorized to grant permission to carry out certain types of activities throughout Russia, regional, respectively, in the region.
Intangible relationships as a result of contract law
Another group of intangible relations is generated by contract law. The interconnection of material and intangible relations in this case is not public, but more harmonious, since both property and non-property relations generated by them are based on the principles of autonomy of will, equality, independence of participants, contractual formulation of mutual obligations by them. Such legal relations comply with the principles of private law, where individual entities - individuals, collectives, enterprises - realize their activities with the help of agreements concluded by equal parties.
It is characteristic that in private law relations both collectives and individuals are independent, independent and guided by their own interests. Moreover, legal mechanisms guarantee the simultaneous achievement of market goals by many entities. It is assumed that in the sphere of such property relations the direct influence of the state is limited or prohibited. The necessary conditions for the efficient conduct of business as well as corporate activities are well-formulated and structured property relations. Therefore, civil law must keep up to date, support the principle of social justice, consumer interests, fair competition.
The subject described in terms of publicity
In a significant part of property relations go beyond the framework of civil law in the field of public law. This is a situation regulated by the power of one entity over another. For example, in the functioning of the financial and tax mechanisms of the state, the principle of subordination applies, and accordingly, equality of legal rights is not provided. For similar reasons, relations on the management of public (for example, state) property fall out of the scope of civil law regulation.
At the state level, property relations are regulated by the corresponding Federal Agency (in short - the Federal Property Management Agency) together with the rest of the executive vertical: regional ministries and primary divisions.
In order to provide information support to the executive bodies of the regional authorities regarding the state property they manage under regional ministries of economy, a consolidated coded protected register of state property of the region is maintained. The same registry governs the management and disposal of federal property, including the land fund.
Regions: activities of the Ministry of Property Relations
We can trace the main areas of activity of the Ministry of Property Relations, taking as a basis for our reasoning its consolidated report, by the way, published publicly. The economic nature of its activity is striking. For example, the Ministry of Property Relations of the Moscow Region, according to its annual report, performs such functions as:
- Maintaining a register of federal property, including unitary enterprises, state institutions, business entities, real estate objects that make up the treasury.
- Registration of the transfer of state property rights, fixed on the right of economic management of ministries, to regional (city) property.
- An inventory of land in regional ownership, respectively, with the Law of the Russian Federation on the Land Code.
- Acquisition of property area property. At the same time, preference is given to profitable enterprises (for example, OJSC) that are potentially capable of generating profit.
- Optimizes accountable property relations, regulates the redistribution of profits in the regional budget.
- Transfers real estate between federal, regional and municipal property.
- Manages the shares of the authorized capital of joint-stock companies owned by the region.
- Manages regional unitary enterprises, state institutions.
- Transfers to the tenants the objects of regional property.
- Carries out the disposal and management of land owned by the region.
- Approves and monitors the implementation of the privatization plan of the property of the region.
As you can see, the Ministry of Property Relations of the Moscow Region is a very active economic player in the capital region. His activities are planned, consistent with the unified state policy in the field of land and property relations.
A certain idea of the dynamics of the work of this ministry and its statistics can be obtained from the interviews given by its head, Andrei Vladimirovich Averkiev. Since November 27, 2012 - Minister of Property Relations of the Moscow Region. As follows from the interview, the main criterion for the effectiveness of the ministry in the conditions of the global financial crisis is the achievement of stability in cooperation with the government of the Moscow region, primarily in the activities of state unitary enterprises, in the construction complex, and road works.
If we take the structure of the corresponding Federal Agency (referring to the Federal Property Management Agency) in Russia as a whole, we can see that its other territorial bodies act in a similar way. That is, they are the executive bodies of state power and act in accordance with the decisions of the regional government.
Primary divisions of the Federal Property Management Agency
The primary territorial element of the federal agency we are considering is the municipal department of property relations. it at the territorial level. A if we talk about large state property complexes, then this is a special territorial department of property relations. These units are founded according to the Order of the Ministry of Property of the Russian Federation N 233 dated 09/12/2002. The objectives of their activities are:
- Ensuring the existence of a unified state property management policy.
- Management and disposal of state property assigned to the federal subject, in which, in fact, the territorial administration is created.
- Implementation of control and necessary regulation of the legal compliance of valuation activities.
Let us consider in more detail the municipal department of property relations in terms of the tasks it performs in the field of municipal property management . He carries out the analysis and control of regional processes on the basis of the received documents on the list of state property objects (meaning the corresponding registry) and on the change in the status of the objects indicated in them. A special area of his activity is the control of regional state unitary enterprises accountable to him (state unitary enterprises). The department coordinates their charters, fixes movable property, organizes their banking transactions, monitors their effectiveness, as well as transfers part of the profit to the local budget. A significant place in the work of the department is occupied by planning, the preparation of contracts for the sale of state property, and the organization of an audit of state unitary enterprises. Also, this structural unit coordinates the management of land plots that are in state ownership.
The regulation of property relations by territorial administrations is not carried out separately, it is carried out in close cooperation with the economic units of the regional executive authorities. The territorial divisions of the Ministry of Property Relations have dual subordination to their ministry and the regional executive vertical. Only in this way the maximum efficiency of their activities is organizationally ensured.
Improving the efficiency of state property regulation
Naturally, the main mission of government is effective property relations. Examples show that property is a decisive factor in stimulating economic growth. In this regard, special attention is paid to municipal ownership. As you know, it includes both property and finances of rural and urban settlements. This property may be intended for:
- fulfillment of state municipal authority;
- performance of municipal employees;
- solving problems related to the provision of municipal settlements.
The methodological basis for the analysis of the efficiency of using state property is Law No. 131- “On the principles of local self-government of the Russian Federation”. Municipal property generates income remitted to local budgets.
To achieve greater efficiency, the aforementioned law provides what should be done if property relations are violated. Examples show: in case of non-compliance with the goals of the municipal authorities referred to in paragraphs 2–4 of Article 50 of the Federal Law 131, property is alienated to other forms of ownership. The procedure and timing of this process is determined by another federal law - No. 178 “On the privatization of state and municipal property”.
It should also be noted that the emergence, exercise and termination of municipal property rights, as well as the procedure for recording property located in it, are also determined by Art. 50 FZ 131. We answer the question of which types of property most often become municipal. Firstly, in private (due to its acquiring nature and ability to turn into capital). Secondly, in the state (due to its ability to create a special favorable climate for the functioning and development of strategically important enterprises for the purposes of public state interests).
The demand for specialists in land and property relations
The modern economy of society constantly connects its institutions and citizens with various types of real estate. This is an extremely broad category, to which the land with various buildings and structures, and its subsoil belong. The effective inclusion of real estate in the country's economy, their manageability through balanced economic, technical and managerial decisions is an activity requiring special qualifications. The foregoing stipulated for the national economy the demanded specialty “land-property relations”. Its specificity can be judged by listing some subjects of study in this profile: assessment work, technical inventory, financial and economic analysis of objects, construction economics.
The relevance of this specialty was promoted by the adoption in 2008 of the Unified Land Cadastre, and also in the late 90s - state codes. The national economy currently feels the need for competent specialists in this field.
Personal property
Another level of property relations is defined in civil law. It is noteworthy that until 1996, when the Civil and Family Codes were adopted, this level concerned personal and property relations. Thus, personal property relations have gained their modern interpretation due to the revival of the theory of private law in Russia. Personal property usually includes individual property of a person (less commonly, household). In this context, we are usually talking about household property, things not related to productive activities. Personal property, in contrast to private property, is only acquired by a person, without bringing him profit, which leads to the unidirectional movement of his funds. If private property directly stimulates and develops the market, then personal property indirectly creates demand for its production. It is also believed that personal property relations contribute to the disclosure of a certain material shell of a person's personality, satisfying his needs.
This sphere of relations is peculiarly transformed by the institution of marriage, receiving its further interpretation in family law.
Property in Family Law
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Conclusion
Society cannot exist without property relations. They permeate many political, economic, legal aspects of modern life. Their implementation in the interests of further harmonization requires high qualifications. The reason for such high criteria is the obvious feedback. The current level of functioning of property relations gives rise to certain life cycles of social systems with their inherent dynamics of the development of society’s property resources. In turn, the development of these resources will inevitably cause further improvement and optimization of the legal system of property relations.