The right of operational management and economic management expresses the absolute subjective civil or property law. Thanks to these legal elements, direct participants gain benefits to satisfy their interests. The Civil Code of the Russian Federation chapter 19 regulates the right of operational management and economic management. The act states that the funds can be used and disposed of after the property passes state registration.
Jurisprudence Terms
Property law should be understood as certain actions of citizens in legal status when they use other people's property. The emergence of legal relations occurs between the defendants:
- real estate user;
- owner, if he assigned his material assets to a particular institution.
The purpose of the right of operational management and economic management is established by registration in order to create the position of users who do not belong to the owners, but a legal field is formed for them. Then they will be able to take part in the management.
The carriers of such opportunities belong to the unitary type of company. Companies with state and municipal status are engaged in economic management. The operational management belongs to state-owned companies. They distinguish the right of operational management and economic management by the composition of powers, their users acquire real estate from owners.
Characteristic principles
Russian law has provided limited legal forms in two respects. Ownership rights of economic management and operational management are derivatives that are dependent on owners, they do not exist without mutual communication. What is the peculiarity of their legal specificity.
The state exists in a planned regulated economy, which has found a place for property rights. The country owns the bulk of the property, it does not want to lose it, but can not always dispose of it. Therefore, state budgetary institutions have been created where property is fixed with the presence of a restrictive framework to manage.
Interesting Facts
The right of economic management and operational management of property received its official name in 1960. Later, after a change in the political system, property rights came under the jurisdiction of the Civil Code of the Russian Federation. Article 299 mentions the use of income from unitary enterprises. The development of a market economy has contributed to this. With the advent of a strong private sector, weaknesses formerly hidden by the system became visible.
The main disadvantage in such activities is the abuse of legal powers to obtain the benefits provided by economic freedom. The owner does not receive profit, it goes to the company. The rights of economic management and operational management of property permit control over the situation. The owner can trace how the user acts with his fixed ownership.
Similarity and difference
Features of the law of economic management and operational management are concluded in legislative form. It provides the owner with the opportunity to maintain their rights to real estate, to give things for independent use to a new entity.
At the same time, economic management implies:
- the ownership of material assets to its owner by law;
- indivisibility of real estate;
- category of municipal unitary and state enterprises;
- the ability of federal authorities to assign property to a state-owned enterprise;
- operational management of the enterprise by the head.
When a unitary enterprise receives real estate, in fact the owner does not have the opportunity to use it and dispose of it. The entity that created them is calculated with debts, provided that at that time he used fixed capital.
Owner Features
The type of the right of economic management, operational management provides the owner with the opportunity:
- appoint directors, approve charters;
- liquidate, reorganize institutions, after which they are withdrawn in compliance with the interests of creditors;
- control the use of property;
- check activity;
- receive the due profit.
Each event should be carried out in accordance with legal standards and legislative acts. The owner must give consent to the sale of real estate, transfer to its third party. The business process will be effective when the public owner transfers it to another owner.
Signs of special governance
The rights of economic management and operational management have differences in terms. Although they represent some limitations, significant economic release has been noticed during business management. Government institutions are engaged in operational management, they, without breaking the law, can:
- dispose of;
- to use;
- own real estate.
Such objects become enterprises in the status of:
- commercial;
- state or unitary;
- non-profit owner-financed companies.
The owner can:
- create objects with operational management;
- determine the scope of legal capacity;
- approve documents;
- appoint leaders.
The liquidation and reorganization of institutions occurs without the consent of management. The owners give instructions on the use of enterprises. They can direct objects in the interests necessary for him, distribute by funds. If it is noticed that the funds are being disposed of for other purposes, they are seized. Owners are given the opportunity to dispose of profitable funds using separate methods.
Implementation methods
The right of economic management and operational management is a restriction in relations, they were established by the Russian legislator. The Civil Code of the Russian Federation in Article 216 indicates the ownership of the participants, if they do not belong to the owners. This can be learned from the detailed description; articles 294-300 of the Civil Code of the Russian Federation give it. The number of subjects is reduced in the standards, the content is limited in comparison with the previous legislative acts. Article 294 states that state or municipal institutions may dispose of public property within the limits of legal norms. Legislative provision confirms the absence of other forms of ownership. It is created by decision of authorized state bodies. The owner does not have responsibility for the obligations of the organization, the existence of which provides the profit. Unitary enterprises are preserved by law if they are involved in property:
- prohibited for privatization;
- ensuring national security;
- crucial social tasks.
The government of the Russian Federation sees no reason to increase such organizations. Legislators intention to:
- reorganization;
- liquidation;
- sale of property complexes.
What is the solution?
The authorities create federal treasury companies from the fixed real estate. This attitude is justified by the excessive powers that holders of state property rights have. The state does not have the ability to control all unitary enterprises, where repeated abuses of independent management are noticed. Government agencies have limited legal authority to intervene in the activities of such institutions. The government is not sure that replacing a unitary institution with a state-owned institution or forms of government will solve the problems. Economists find it easier to control the management of a state-owned enterprise, but they increase business operations. The management of this form of company management can only manage products manufactured by its specialists. Property rights may terminate in the manner prescribed by law, if there are grounds.
Representation of municipal facilities
This type of ownership belongs to an independent public form. Where municipal organizations are entities. Objects are managed by bodies belonging to:
- to representative;
- local government;
- institutions that have fixed material assets under operational management.
They include:
- local budget;
- extrabudgetary fund;
- the property;
- land and resources;
- housing funds;
- education;
- healthcare
- culture.
The objects of this level solve local issues:
- housing;
- utilities;
- social.
The grounds for the emergence of rights to municipal property are general and special. Funds come from collected taxes, privatization, or natural resources.