The legislation provides for different forms of ownership. The ownership of public law entities is of particular interest to both lawyers and average citizens. Consider its features.
What does "property of public law entities" mean?
According to the current regulations, all property in the country is divided between specific entities. Some objects belong to private individuals - citizens, some - to organizations (corporate property).
Public law entities are also owners of property. These include primarily the state. The Russian Federation acts as the full owner of federal property. Subjects of the Russian Federation own regional facilities. Municipalities are also public law entities. This means that the property of the local government is located within a specific administrative-territorial unit.
Based on the foregoing, it is possible to formulate the main feature of property belonging to public law entities. It includes objects that are not in corporate or private ownership.
Features of the implementation of law
Public-law entities manage, use and own property at their own discretion within the limits of their competence. At the same time, they independently determine the rules and fix them at the official level.
Specific state bodies and officials acting on behalf of the owner (Russian Federation) acquire powers, the extent of which depends on the legal relations in which they participate. Fundamental rights belong to the Government. Acting as the Highest Executive Institute of Power, it is empowered to dispose of federal property. Moreover, the Government may transfer part of them to other executive bodies, including at the regional level.
The competence of the institutions of power of the constituent entities of the Russian Federation is distributed according to the same principle that is provided for federal departments and ministries. Among the bodies authorized to manage the property of public law entities include regional governments and local administrations. They can also exercise authority on their own or through competent structures. In the constituent entities of the Russian Federation, the main such bodies are governors, committees and funds of property relations.
State Property
As mentioned above, the country's property is divided between the federal, regional and local authorities. The circle of objects belonging to the Russian Federation is quite wide. Regions, as public law entities, cannot own federal property. It is, in particular, about energy and military facilities, railway transport and infrastructure, etc.
The differentiation of ownership of public law entities was carried out as far back as 1991. Currently, the procedure established by the Decree of the Armed Forces of the RSFSR No. 3020-1 of 12/27/1991 is in force. Appendixes 1 and 2 to this act contain lists of federal property and property that can be transferred to regions.
Natural resources
They are considered the most important property of public law entities. Subsoil plots, minerals present in them belong exclusively to the state. Their turnover is limited. They can be provided for use. At the same time, resources extracted from the bowels of the earth may be transferred to organizations or citizens into ownership.
Private land may also apply for land plots of public law entities. Acquisition of rights to allotments may be carried out as part of the bidding. The plots are acquired or leased. In addition, being in the ownership of public law entities, land is provided for economic management or operational management of municipal and state institutions and organizations.
The forest fund is in federal ownership. Moreover, part of it can be transferred to the regions. Forest turnover is limited by law. Such sites can be provided to interested parties (organizations, citizens) for use. A natural person has the right to freely be in the forests on the basis of a public easement.
Water bodies are in state ownership. The legislation, however, provides for the possibility of transferring some of them to private hands or to municipalities. It applies to certain types of isolated types of objects, the list of which is determined by the Government.
Participation of public law entities in property circulation
Property relations comprise the bulk of legal relations arising in the framework of civil circulation. The material basis for the participation of public law entities is the property in their legal possession.
The key difference between public and private property relations is that in the first case, objects can be used exclusively in accordance with their intended purpose. It, in turn, is to ensure that entities perform social functions assigned to them in accordance with the law.
Local authorities, whose tasks, according to Article 130 of the Constitution, include creating conditions for the population to independently resolve issues of territorial importance, ownership, use, disposal of municipal property, may acquire separate state powers with the provision of financial and material resources necessary for their implementation. At the same time, representative structures of power exercise the right of ownership of objects, and in the cases provided for by regulatory enactments (charters of the Moscow Region) - directly to the population.
Public law entities are actively involved in the privatization, requisition, nationalization, confiscation of property owned by private individuals, and its conversion to public ownership. The rules for conducting the relevant procedures are enshrined in the Civil Code (Articles 242-243, 306).
Additionally
Public law entities have the opportunity to participate in inheritance relations. In the property, in particular, escheated property is acquired.
In cases stipulated by law, the federal government may participate in copyright, patent and other exclusive legal relations. Accordingly, the products of intellectual labor and the rights to them may become its property.
Separate functions related to the management of property in the Russian Federation are carried out by the Ministry of Justice, the Ministry of Culture and a number of other departments and ministries formed on a sectoral basis. Separate powers in the framework of property relations are exercised by the Office of the President.
Corporate engagement
Public law entities may acquire ownership of shares in the authorized capital of business entities. Usually a purchase is made not in the secondary market, but in the privatization process.
In addition, public law entities are entitled to contribute municipal or state property in the form of a contribution to the authorized capital for its increase and payment for the issue of additional shares.
Features of the participation of the Moscow Region in civil turnover
The economic basis of local self-government is formed from objects in municipal ownership, budget funds, property rights of the Moscow Region.
Municipalities exercise their powers in property relations through specially created legal entities. As a result, the participation of civil defense organizations in civilian activities becomes indirect. The main subjects of law are representative bodies, the local administration, the head of the Ministry of Defense, the controlling structure under administration.
Quite often, institutions participate in legal relations. They receive certain property in operational management. Institutions are formed to implement administrative functions. However, they are not vested with authority. This distinguishes them from state and municipal bodies.
Responsibility
The Russian Federation and its regions are liable for obligations with property included in the treasury. It does not include objects transferred to enterprises and institutions, as well as belonging exclusively to the state.
In judicial disputes, the Russian Federation or the region as represented by the relevant financial or management bodies are recognized as defendants. These include, in particular, the federal treasury or regional financial office. Upon satisfaction of claims, collection is carried out from the budget of the appropriate level. If the funds are insufficient, the claims are satisfied at the expense of the property included in the treasury. Similarly, the liability of municipalities for their debts is determined.
Institutions are liable for their obligations with the funds at their disposal. In case of insufficient financial support, the owner of the property bears subsidiary liability.
Management specifics
Effective realization of the right of ownership, protection of property, its use for reproduction, accounting and control over the state of resources is ensured through the optimization of legal forms. It allows you to significantly save financial resources for management.
The composition of the municipal and state property should distinguish, firstly, the objects that make up the treasury, and, secondly, property assigned to institutions and enterprises on the basis of households. reference or operational management. In accordance with this, rights are exercised with respect to state property and values transferred to independent legal entities created at the appropriate level of government.