The right to private property is the right of any person to own property, to dispose of it both individually and jointly with other persons. The Constitution stipulates that no one may be deprived of property belonging to him legally, except for the existence of a judicial decision on this action.
The concept of private property rights
Property in the main law of our state is devoted to a separate part in article 8. The right to private property is enshrined in the Constitution as a subjective human right. It is subject to protection through legislative guarantees that allow private owners to exercise their rights and prevent the illegal seizure of property from the ownership of a particular subject. The main laws on private property rights are the Criminal Code, the LC and the Civil Code of the Russian Federation. In addition, regulation is carried out using other legislative acts. In part 2 of article 35 of the Constitution, the main powers of the owner are prescribed .
Private property rights have been defined since Roman law - the right to own, dispose and use property belonging to a particular person. In our country, they were first enshrined in 1832 in article 420 of volume 10 of the Code of Laws of the Russian Empire, which later became traditional.
The current Constitution does not guarantee that any person in private ownership can have any object. In this regard, a number of restrictions have been introduced for stateless persons and foreigners regarding the location of objects of strategic importance for our state.
The private property right of citizens does not deny the existence of a public property right. The latter, in turn, is divided into municipal and state ownership.
Classification
Based on the contents of articles 212–215 of the Civil Code of the Russian Federation, we can conclude that there are the following types of private property rights:
- in relation to individuals
- in relation to legal entities.
The first of them may be subjects of this right, regardless of legal capacity, state of health, age and citizenship. In relation to turnover, the following principle applies: everything is allowed that is not limited and is not prohibited by law.
Thus, an individual may have the following objects in private ownership:
- various means of production, including transport, equipment, devices and materials, etc .;
- enterprises;
- land;
- securities;
- household goods;
- residential buildings;
- other objects.
If an individual engages in activities that are not aimed at the systematic extraction of profit from operated property, or acts as an employee, then registration as an owner is not required. However, in some cases, this action may be required in relation to a specific property or to transactions.
If an individual begins to engage in entrepreneurial activity and acts as the owner in civil circulation, then registration is required. This is due to the timely and complete collection of taxes on objects of private property rights. In addition, if an individual entrepreneur or legal entity is created and the property is allocated to the latter, it becomes the owner, and the individual retains binding rights.
As indicated above, not only individuals, but also legal entities have the right to have private property. These do not include municipal and state business entities, as well as institutions funded by the owner.
In this case, the sole owner of the property is business entities. The founders may have obligation rights or may not have property rights in relation to unions, associations, religious and public organizations,
Thus, the subjects of private property rights can be both individuals and legal entities.
Emergence of law
Property owned by individuals may include the following rights:
- obligatory (requirements of deposits in banks, use of another's property);
- corporate (participation in the activities of various societies, cooperatives);
- exceptional.
They do not become property rights, but belong to an individual in the form of a single integrated property. It serves as an object of potential recovery of creditors, and after the death of this person is an object of hereditary succession. In addition, there are special grounds for the emergence of private property rights for individuals. For example, members of various consumer cooperatives acquire the latter after they make a full share payment for the acquired property. If the latter is withdrawn from circulation, then it is the exclusive property of the state.
The content of private property rights of citizens
As stated earlier, the following are typical competencies for this right:
The first of these means that a particular individual has dominion over property that belongs to him.
The right to use indicates that a citizen can extract from the property, including from the fruits of its use, various products and incomes to satisfy their own needs.
The concept of the competence of an order consists in the fact that an individual is entitled to determine what to do with his property: rent, give, change, realize or carry out other actions. Some powers may be limited by applicable law. Thus, the right of private ownership of land and residential premises provides for their use only for its intended purpose. The powers are not the same with respect to dwellings used for own residence and for commercial leasing.
Various legal documents may impose restrictions on the exercise by the owner of various powers in relation to his property. In particular, with the exception of ordinary gifts, gifts from minors and disabled citizens are limited. This is more protective in nature and is aimed at preventing potential abuse of socially vulnerable citizens.
The owner may transfer property belonging to him as a security, trust management. If he does not have the ability to influence the property, this does not preclude the right of private ownership of it.
Land law
In the USSR, allotments of land were provided to individuals only for use, transactions with it were prohibited. Currently, land law in the right of private ownership allows the acquisition of plots that can be used by individuals for various purposes:
- creation of hayfields and pastures if necessary;
- the organization of farms or the implementation of other types of IP activities;
- farming;
- construction of residential buildings;
- for other purposes.
Private ownership of land is enshrined in article 9 of the Constitution of the Russian Federation. When a land right arises, legal conflicts arise due to contradictions in the land and civil codes. The LC provides for the exercise of powers related to private property in relation to land plots and transactions with them in accordance with legal norms other than civil. The Civil Code establishes the prerogative of regulating these relations.
In this case, one must proceed from the differentiation of legal norms on the basis of the method and subject of legal regulation. The totality of property relations in which the parties are legally equal is civil law. In the case of prohibitions, restrictions, various protective measures in relation to land plots, it is necessary to be guided by the norms of land law in the right of private ownership.
In legal terms, “land” and “land” are somewhat different. The first is a kind of natural natural object of social and economic importance and used for agricultural and forestry industries. At the same time, a land plot is a type of real estate that acts in the legal relationship of property and other rights relating to property rights.
A land plot as a subject of private property rights has the following features:
- this is some part of the earth's surface, including the soil layer;
- it is characterized by some spatial boundaries;
- documents are issued on it that testify to the right of ownership;
- the acquisition by an individual of a site is carried out on legal grounds.
Land by turnover are divided into the following types:
- unlimited in circulation,
- limited
- withdrawn from circulation.
The right to private ownership of land is not granted in relation to the plot, withdrawn from circulation. Also, it is not granted to lands restricted in circulation, unless otherwise provided by the relevant federal laws. The remaining such properties are in the first group mentioned above.
Land must be used strictly for its intended purpose. According to this criterion, it is divided into the following types:
- located in places of historical residence and economic activity by ethnic communities and small ethnic groups (indigenous);
- stock;
- forest and water funds;
- specially protected objects and territories;
- security and defense and other special purposes;
- to support activities in space;
- industry, transport, energy, informatics, broadcasting;
- settlements;
- agricultural purpose.
The right of ownership extends not only to the land itself, but also to other natural objects located within its borders. These may include:
The space located under the land plot, as well as located above it, does not apply to the composition of ownership and may be used by the owner, unless otherwise provided by various regulatory documents of our state. The rights of the owner of the land are as follows:
- to carry out the extraction of minerals belonging to the common, for their use for their own needs, without blasting;
- to build underground structures to a depth of 5 meters;
- construct and operate wells and domestic wells up to the first aquifer, which does not serve as a source of centralized water supply;
- use flooded quarries, ponds, fresh groundwater.
The right to private property in the Russian Federation may not include subsoil:
- crust below the location of the soil;
- if it is not, it is below the bottom of watercourses and the earth's surface to the depths at which geological exploration and exploration can be carried out.
What is in them, including the very space of the subsoil, refers to state ownership. At the same time, individuals can use them in the prescribed manner. Private ownership of the resources extracted from them extends. It should be borne in mind that the owners of the respective allotments of land do not have preemptive rights in relation to the operation of airspace or subsoil.
Land plots that are provided to individuals for housing or agriculture have legislative limits. ZK RF subdivides sites into divisible and indivisible. The first include those that, after the implemented section, can be used as independent ones for their intended purpose without the need to transfer to other lands. If, during the planned section, the size of the site falls below the minimum established threshold, then it is not subject to section. Also indivisible can be recognized as such an allotment that belongs to a peasant or farm. When inheriting such sites, the latter passes to the heir to the first stage, who has the preemptive right to receive one. Other applicants for the inheritance are given monetary compensation.
Stateless persons, as well as foreign citizens, do not have the right to private property as an economic right in relation to land plots located on the border territories. Agricultural land to the above persons is potentially leased. Restrictions on the transfer of a land share to foreigners were removed in the legislation. To protect economic rights in the right of private ownership to foreigners and stateless persons, the corresponding land plots from municipal or state property are provided on a reimbursable basis. Agricultural holdings cannot be transferred to foreigners by inheritance. In this case, they are paid monetary compensation.
Rights to land must be registered. Transactions made with them are registered when it is provided for by law.
Land plots that are in municipal or state ownership can be provided for individual housing construction with the formation of:
- with the preliminary formation of placements of objects,
- without that.
In the latter case, the transfer of land to citizens is carried out on a competitive basis, in the first - either for rent or for unlimited use. Sale to individuals of land municipal or state property for private housing construction is carried out at auctions, except for the following cases:
- in case of failed tenders, if less than two bidders participated in them;
- upon conclusion of an agreement on the development of a built-up territory.
The RF Land Code provides for the possibility of using part of a foreign land by the owner of various structures, structures and buildings if they are located on this territory, in the same volume and under the same conditions that were provided to the previous owner. With the right of ownership to this allotment, the citizen transfers such to crops, planting of cultivated plants, received products and income from its sale, except for the following cases:
- when finding a land plot for rent;
- upon gratuitous transfer for urgent use;
- upon transfer to perpetual use or inheritable possession.
The procedure for the seizure of land
Protection of private property rights is regulated by the Civil Code and the LC RF. So, ownership may terminate both voluntarily and compulsorily. In the first case, the owner can take actions to alienate the property belonging to him or refuse it. Then the latter acquires the status of an ownerless thing. It is registered by Rosreestr at the request of the local government on which it is located. Within a year, the former owner can return the land to himself. After this period of time, the body carrying out the management of the municipal property may file a lawsuit with the court, in which it is necessary to submit claims for recognizing this site as municipal property.
They can also be seized on special grounds if it is not used for its intended purpose for a certain period and is intended for construction or agricultural use. Their confiscation may be provided for by a court decision in the form of a sanction for the offense. In the event of any special circumstances, the site in question may be requisitioned, that is, seized from the owner for a certain time interval by public authorities to protect the interests and rights of the state, citizens and business entities from threats caused by such circumstances. It can be withdrawn for municipal or state needs, while its cost must be reimbursed in a preliminary manner. Also, the land can be redeemed for public use.
Ownership of residential premises
In the USSR, most of them were granted to individuals on a use basis. However, ownership of a private house also existed in the Soviet Union.The main regulatory documents in the field of housing property are chapter 18 of the Civil Code of the Russian Federation, section 2 of the LC RF, a number of federal laws and by-laws. As in the Land Law Institute, there is a fragmentation of civil law norms in accordance with the Civil Code of the Russian Federation and the LCD of the Russian Federation.
According to the current legislation, residential property includes property that meets the following requirements:
- is an isolated room;
- it does not include adjacent rooms or parts thereof;
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The legislation determines that the right to common shared ownership arises automatically. But in order to give a legitimate character, it is necessary to recognize the entire residential building as an object of ownership and to carry out the state registration procedure.
A room is a part of an apartment or apartment building intended for direct living. However, attributing it to an independent residential property is erroneous, since it cannot satisfy any of the needs of citizens living in it that are satisfied by an apartment or private house. Together with a room or an apartment, upon their sale, the new owner transfers the right to common property, which is not alienated from the above objects.
According to the provisions of the RF Housing Code, a dwelling can be leased to a legal entity, but it should be used in any case for citizens to live. Office rooms can be located there only after the transfer of the object to the category of non-residential. If the rights and legitimate interests of individuals living in them are not violated and the requirements are met, they can be used to carry out business or professional activities by those individuals who are registered in this facility. Industrial production cannot be located here.
The right to use the premises
They are owned by members of the owner's family. They may include not only his relatives, but also any other persons living with him:
- spouse, parents, children;
- other relatives;
- disabled dependents;
- individuals instilled by the owner as family members.
Upon transfer of ownership of housing to another owner, the right to use automatically terminates in relation to family members of the first. If the latter are the guardians or persons under guardianship, then the alienation of such premises is allowed with the consent of the relevant authorities.
The termination of the right to use it by family members also occurs in the event of termination of family relations in the following cases:
- if an agreement is not concluded between the owner and relatives, which provides for a different procedure;
- if they have no reason to buy or exercise the right to use other premises;
- if for various reasons they cannot provide themselves with such.
In the last two cases, the question of the right to use and its duration is decided by the court. After its completion, this right of the ex-family member ends if a new agreement is not concluded with the owner.
The same rights possessed by the owner of the dwelling have other capable citizens who use them by testament and on the basis of a life-long dependent contract. Basically, they provide for joint liability with the owner, with the exception of cases provided for by agreement between them.
Residential withdrawal
The legal fate of the object of law is mainly determined by the owner himself, but his individual actions or inaction in relation to certain third parties can lead to the forcible deprivation of the human right to private property.
They may include the following:
- misuse of a dwelling;
- mismanagement with him;
- violation of the interests and rights of neighbors.
All this can lead to a warning from the local government, which contains an order to eliminate the identified violations or establish a time limit for the repair of the premises. If these requirements are not met, the court may make a decision on the sale of housing at auction with the return to the owner of the proceeds from the sale, minus the costs of the execution of such a decision.
The RF Land Code provides for cases of seizure of a land plot with residential premises located on it:
- Compensation for losses due to forced seizure;
- the provision of such a plot with offset in the redemption price of its value.
The RF Housing Code provides that part of such a premises is bought out by a public authority with the consent of the owner, while it is not required for the whole object. If the owner does not agree with the violation of the right to private property, he can appeal to the court, which must establish the possibility of satisfying municipal and state needs in other ways. When the ransom will be made, the owner is warned in writing a year before the occurrence of this event. If he will make any investments during this period in such a property, then all the risks of losses fall on him.
The following items are included in the redemption price:
- expenses due to a change in place of residence;
- expenses associated with moving, searching for another home until the moment of obtaining ownership of it;
- early termination of obligations to other persons;
- lost profit;
- share of ownership in common property.
The same compensation is made in case of withdrawal of residential premises from emergency and to be reconstructed or demolished residential buildings.
Finally
Private property right is a form of vesting citizens with goods to satisfy their needs. Both individuals and legal entities can possess it. The owner may own, dispose and use the property belonging to him. The right to use residential real estate is held by members of his family.
Sometimes the right to private property may be violated due to the availability of a relevant court decision or the need arising from the needs of municipal and state authorities. Limited rights are granted to foreigners and stateless persons. It is regulated by various legislative and by-laws. Depending on the area of application, you need to focus on the Civil Code, LCD or ZK RF.