In the economy of any country in the world, one of the key functions is performed by the institution of property. What are its features in relation to the legal environment of Russia? Why in some cases this or that resource becomes the possession of the state, and in others its owners become private individuals and organizations?
What is property?
Before studying what subjects and objects of ownership are, we will understand the nature of the subject of our small study. Some theoretical preparation is important to us. We will determine what property is, what is its essence.
We can adhere to one of two common interpretations of the concept in question. The fact is that property is a phenomenon that can have both a socio-economic and legal nature. In the first case, we are talking about the fulfillment by it of functions that affect mainly production relations. In the second, property plays the role of an object of civil legal relations. In economic terms, it is characterized by unconditionality (that is, one or another object - material or material in nature - does not have to belong to someone, no matter how amazing it sounds). In legal terms, ownership implies a legally fixed right to own something by someone.
Let's try to recap. Economic property is the state, status of a thing or intangible resource relative to the production cycle. Relatively speaking, this may be a technology for the release of nanoprocessors. At the moment when it is introduced into the assembly of electrical equipment on factory lines, it becomes the property of the production process. Legal ownership is also status, but with respect to the owner specified by law. If we talk about technology release processors, it may be its inventor. Legal consolidation, as an option, is carried out on the basis of a patent.
What are the characteristics of property? Russian experts distinguish the following main ones:
- assignment;
- affiliation;
- disposability;
- usability.
That is, property can be appropriated by someone, owned by someone, and the owner can also dispose of it (transfer, change, rent, etc.) or use it personally.
Property, its subjects and objects
For starters, we will examine what constitutes subjects and objects of property. Under the first in the Russian expert environment, it is customary to understand persons entering into various forms of property relations among themselves. The subject can be either an individual citizen or a group of people, and in some cases also the society as a whole, or the state.
Now about the objects. What is the easiest way to state the essence of this concept? Imagine that we are on an exam. We came across a ticket that contains the question: "Distinguish between subjects and objects of ownership." To prepare for an answer, it’s easiest for us to fix our concepts in the form of a diagram. How? You can try this.
To begin with, using the methodology common among Russian lawyers, we can divide objects into two main categories, namely tangible and intangible. The former, in turn, are also divided into subspecies. Real objects, according to the classification we have taken as the basis, can have two forms - the means of production, as well as objects or consumer goods. Intangible property objects, in turn, are represented by a wide range - this can be knowledge, skills, information, talents, etc.
In turn, the problems that include the phenomenon of property, the concept of "subjects" and "objects" reveals not only in scientific sources, but also in Russian laws. In what form? Mainly used are terms such as “movable” or “immovable property”, as well as “intellectual property”.
Which of these two classifications should be taken as the basis for preparing the answer to the "exam"? And we will take both. And we continue our research.
Forms of ownership
What are the subjects and objects of ownership, and also what is its essence, we now know. Next in line is the next aspect of the study. Namely - forms of ownership. In the modern classification, there are several criteria for their distribution. There is private property, but there is public property (public, state - in many cases these are synonyms).
If we are talking about private property, then with it the right of appropriation, possession, disposal and use, respectively, are possessed by individuals, personalities, individual citizens. In the second case, the owner is society as a whole or the state expressing the structure of its political formation. Property, as a rule, is characterized by a number of economic features. Experts distinguish the following:
- isolation (only the owner has the right to derive some benefit);
- independence (beneficiary - only the owner);
- responsibility (if there is bankruptcy, only the owner will be responsible).
Accordingly, all three features apply to citizens if the property is private. To society (as well as the state or other political and administrative units) - if public. The process of transferring an object managed by a state entity to a private one is called privatization. The reverse is nationalization.
What about the other criteria? Among the popular ones is the division of ownership forms depending on the number of owners. They can be represented by a single entity. And then this property is individual. If two or more - collective. In our small study, we will thus study the forms of ownership of the four main types - public, private, individual, as well as collective.
State property
We begin consideration of forms of ownership with the state. What are its features? What are the objects and subjects of state ownership? What is the essence of the relevant concepts that are common among Russian experts?
Objects of state ownership (and private) by their nature can be anything - real estate, transport, information. In this sense, there are no fundamental delimiting criteria. However, the subjects of state ownership are, of course, a category completely remote from private ownership institutions. These are the authorities: in the Russian version, federal or those that are formed in the regions. In practice, various agencies most often act as specific actors.
The institution of state property may exist in a particular country of the world due to the specifics of the political regime (in which case it may be predominant with respect to private ownership or supplanting it), or as an element that functions by virtue of individual legal acts.
Municipal property
An interesting question: what type of municipal property? According to Russian legal tradition, local authorities in cities and regions are not state structures. Their functions are self-government. And, it should be noted, quite autonomous, judging by the wording in the relevant legislation. What can be objects and subjects of municipal ownership? The Russian expert community has several points of view on this subject.
There is an opinion that one should use the concept of "municipal property", implying its fundamental autonomy from state ownership. Proponents of this point of view focus on article 130 of the Constitution of the Russian Federation, which states that municipal property is a completely separate category. It may include property that belongs to cities, villages, and districts. At the same time, both objects and subjects of municipal property are determined by Russian law, according to lawyers, quite strictly. What can settlements own? The list of municipal property is limited to those that are primarily important for the livelihoods of a particular city, village or district. It can also be buildings of cultural purpose, social significance, educational institutions. In turn, objects of state property, as noted by Russian lawyers, can, in principle, be any. Even in the form of property, the turnover of which is legally limited.
There is also an opinion that both state and municipal property are two subcategories of a more capacious term. There is a more general concept. Namely, that same “public” property. Which is simply expressed at two different levels - national or localized. At the same time, the fact that state-owned objects can be arbitrary probably only speaks of a particular wording in Russian law, experts say. In other countries, the powers of ownership at the level of national institutions of power and in municipalities can be exactly the same.
Private property
What are the subjects and objects of private property? As a rule, it all depends on the legislation of a particular country. In Russia, there are no restrictions on the definition of private property subjects - it can be any citizens of the country, residents and non-residents, as well as those who do not have official citizenship in relation to any state, but live in the Russian Federation, individuals, legal entities. Private assets can also be any materialized or of an intellectual nature resources - except for those whose circulation is prohibited or substantially limited by law - for example, weapons.
Principles of differentiation of state, municipal and private property
In the national legal traditions of different countries of the world, some subjects and objects of ownership to a greater extent reflect nationality, and some - private. What patterns are typical for Russia? According to some experts, state-owned entities in the Russian Federation and other countries, in principle, are the same - power institutions, departments. However, their area of competence may vary greatly. In Russia, for example, industry specifics is considered to be a significant factor in assigning certain property to the state. Strategic sectors of the economy - energy, road infrastructure, communications (especially satellite) in the Russian Federation are state-owned. Also, the primary competence of the authorities includes such areas as education, medicine, almost completely - the army, to a large extent - power structures.
Another factor reflects the strategic importance of certain resources. For example, the subjects of property rights to land outside cities in Russia, to minerals, as a rule, are state institutions. If we are talking about territories within settlements that are not privately owned, then their owners are, as a rule, municipal authorities.
In other countries of the world, the concept of a subject and an object of state ownership is interpreted somewhat differently. In many states, such areas as education, medicine, and sometimes even the army are private. There is a version that during the further construction of a sovereign market model, Russia will introduce some elements of foreign standards in certain industries. The current model of differentiating types of property, which predetermines the concept of a subject and an object of ownership in accordance with national priorities, as some experts believe, reflects the realities of the Soviet planned economy. At the same time, other analysts believe that, due to the large scale of the country, as well as national and cultural specifics, a model is more suitable for us, in which the state is the main owner of strategic assets. Moreover, with a significant shift of competencies to the national level, the regions are given an important, but still an auxiliary role in this scheme.
Intellectual property
Having studied what the subjects of state ownership, or municipal, can be, we can proceed to consider private varieties of the phenomenon we are studying. Above, we talked about how things and intangible resources can be an object of ownership. In the second case, it is most often about intellectual property. We will study it now. What are the subjects and objects of intellectual property?
Regarding the former, we can say that there are no special rules here. Subjects of intellectual property, like any other, can be represented by both private individuals and public (state, municipal) institutions. True, some experts identify a special category, sometimes called “unclassified” intellectual property. What is the reason for this? The fact is that in relation to it, subjects and objects of intellectual property are determined with great difficulty due to the lack of formation of the subject of ownership. These may be, for example, scientific developments in the experiment phase. It is difficult to file a patent for them, since a workable concept has not yet been created. Accordingly, it is unclear what the subjects of intellectual property are - they are not defined. What is it - a laboratory, scientists, or, for example, a city where work is being done? This can only be determined upon receipt of the finished product.
What can be objects of intellectual property rights? There are many options here. It can be books, computer programs, knowledge. In general, all that becomes a product of intellectual labor. One of the possible criteria for recognizing a resource as property is uniqueness, which can be determined by a variety of indicators. For example, two IT companies can accidentally, without using mutual “spying,” create a completely identical-looking software product for the same purposes, computers, operating systems. For example, a cloud platform in the form of a site. However, its code, scripts will be different, written in different languages.
In turn, some objects of a material nature can be completely identical in appearance and purpose. They may be objects in private or collective ownership, but not classified as intellectual property. However, if the manufacturing technology of each of them is sufficiently unique, then this is a completely different matter. In turn, it will be a full-fledged object of intellectual property. Rights to ownership of the product will be protected by one type of law, and ownership of technology by another.
Collective ownership
Having studied what the subjects and objects of intellectual property law can be, we turn to the consideration of an aspect that is sufficiently complex. And therefore it is especially useful in studying. It is about collective ownership. In many ways, it is interesting because of the great variety of specific forms. Consider the main ones.
Allocate national collective property. Its essence is determined by the joint and, as a rule, equal in respect to shares, and in most cases completely indivisible ownership of any object by a group of citizens. “People’s” groups, as a rule, represented by collectives of workers, form the subjects of ownership of land or real estate.
There is joint stock collective ownership. Its experts call an indispensable component of a market economy. It is formed upon the issue of shares and the organization of their sale in favor of the founders. Or at a public auction.
The object of ownership here is capital or property on the balance sheet (if any). Subjects and objects of land ownership will be corporate structures and business assets, respectively.
Separate the collective ownership of non-profit organizations into a separate category. Most often, its acquisition is made possible through private contributions or sponsorship. The collective, of course, also include state and municipal property, the essence of which we examined above.
Individual property
In order to comprehensively study the subjects, objects and forms of ownership, we also need to consider an aspect that reveals the nuances of individual ownership of material and intellectual resources. What facts should be noted here first?
The subjects of individual property in Russia can be citizens of the Russian Federation, as well as persons without belonging to any country, but living in the territory of the Russian Federation, as well as citizens of foreign states. Regarding objects, the laws are the same as we called, speaking of private property. That is, their spectrum is limited only by legislative requirements. It is impossible to own that which is directly prohibited by legal acts of the federal, regional or municipal level.
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