The right of state and municipal property is one of the instruments for the state to implement its policy. The property owned by the state and municipalities allows you to earn income and provide other tasks, especially of a social nature.
Property rights
The right of ownership contains two concepts:
- the opportunity to own, use and dispose of property;
- a set of rules governing relations regarding the acquisition, use and disposal of property.
The right of state and municipal property represents two types of realization of property rights. From the point of view of the law, the owner of private property is equal in his rights with the state and the municipality. In fact, this is far from the case. At the same time, there are nuances affecting the process of acquisition, realization and termination of rights by these entities.
Legislative regulation
- The Constitution is a direct act of direct action setting the framework for managing state and municipal property.
- GK - a document giving an idea of the ownership rights of these entities.
- ZK regulates the exercise of state and municipal ownership of land. The law defines the criteria by which land is distributed between the federal, regional and municipal levels.
- Forest and Water Codes regulate the exercise by the state and municipalities of their rights to forest and water resources.
- Law "On state and municipal unitary enterprises."
- Law "On the privatization of state property and the fundamentals of privatization of municipal property."
- Acts of the federal government on the creation of state property management bodies.
- Laws and other acts adopted by the regions regarding state and municipal property in their territory, which objects are transferred to whose property and how they are managed. In particular, regulations on bodies or organizations managing property.
- Specific are the legislative acts on the privatization of property at both the regional and federal levels.
Who speaks on behalf of the state and municipalities?
The Russian Federation and regional authorities representing regions, territories, republics, autonomous okrugs act on behalf of the state. Thus, state ownership is managed by the central government and regional authorities.
Municipal authorities are represented by municipal assemblies creating municipal administrations. Basically, the municipal level is represented either by cities or rural settlements. The second are united in a district or other association. Several towns or villages can be managed by one assembly.
With cities of federal significance is a little more complicated. There is a concentration of power and property rights in the hands of governments and legislative assemblies of property management powers.
Intracity municipalities have fewer resources and capabilities, compared with similar structures.
The subjects of state and municipal property rights are the state and municipalities. Authorities manage property on their behalf. For example, in the register of rights you can find objects of ownership of cities, districts, but provided that they have an administrative center.
Governing bodies
The subjects of state and municipal property rights exercise the authority to manage property through special bodies or transfer them to enterprises on the basis of economic management or operational management.
At the federal level, property is managed by many organizations. The main one is the state property management agency or the Federal Property Management Agency. In the regions there are branches or agency departments responsible for property in the respective territory.
Municipal administrations organize departments responsible for managing municipal property. In federal cities, land property management departments have been set up. At the municipal level, they do not do this, although formally the powers seem to be available.
According to the general provisions, the right of municipal and state ownership is not the same thing. Nevertheless, the municipality is either seriously limited in rights or completely deprived of them. The law, declaring autonomy at the municipal level, subordinated it to the regional level. Even if a district or city has powers, a superior regional authority seeks to limit them. Such a policy in practice has shown its inefficiency, not to mention corruption risks, which have not decreased, despite the centralization.
What property do they possess
The right of private, state and municipal property - what is the difference between them? The state is not limited in its law in the sense in which objects it applies. For example, space industry facilities are wholly owned by the Federation. There are no restrictions on the possession of objects belonging to the category of limited turnover. This, in particular, weapons, ammunition, etc. The participation of individuals in the ownership of defense and strategic enterprises is possible, but limited. For example, the purchase of their shares is permitted, but the impact on company policy and access to information is limited.
Municipal entities, of course, do not have such powers. However, these restrictions cannot be called critical; they are more likely aimed at protecting the rights and interests of citizens. The exception is cases of abuse by the subjects of the federation in terms of excessive concentration of powers to manage property and the distribution of income derived from it.
The objects of state and municipal property rights are:
- real estate (buildings, structures);
- land resources also belong to real estate, but their legal regime has a number of features;
- water and forest resources;
- financial resources (funds in accounts received in the form of tax revenues, transfers from other budgets, property income, etc.);
- shares of enterprises, banks and other commercial organizations (both a share and a full package);
- other objects may be in the property;
- income from existing property, taxes, fees, duties, etc.
The list of objects of state and municipal ownership is quite extensive and diverse.
Land issue
How are state and municipal property and land law combined? Earth cannot be ownerless. If it does not formally belong to anyone, the RF is automatically considered the owner. The federal property includes lands that are assigned to the territory in accordance with the law, the right to them is acquired in the process of delimiting land between entities and the federal government. Land in the ownership of entities is transferred either by law or by distribution between the center and the entities.
Land becomes municipal property by law or by the results of its distribution between the municipality and the subject. Acquisition on general terms is not excluded (purchase, acquisition of escheated property that has not been inherited, etc.). A specific method of acquisition is the alienation into the ownership of a state or municipality with generally useful purposes. For example, a road is being built, and a citizen's site is located on the site through which it is planned to be laid. The owner is offered a price, if he does not agree with it, a lawsuit is filed, and during the trial, the legality of the ransom offer procedure and the adequacy of the proposed price are checked. Transfer of the right of state and municipal ownership of land is possible free of charge, by the adoption of an administrative act. Despite being similar to a deed of gift, it is not.
Property management through the organization of enterprises
How is the exercise of the right to state and municipal property, except for the creation of governing bodies?
Organization of unitary enterprises. A variety of unitary enterprises are state-owned organizations. They only have the right to own property, state-owned enterprises have broader powers. They are not entitled to just give or sell property. It is worth paying attention to the difference in powers to manage property.
Operational management and economic management. The first - includes the possession and use of property only for the designated purposes, the second - the possession, use, as well as the conclusion of transactions with it, in particular, leasing.
A common example is housing management owned by a municipality or state. Municipal unitary enterprises are created to manage housing for social purposes, or a special body is responsible for departmental housing or other objects owned by the state, or an enterprise is also created. So, the department responsible for providing housing for military personnel has been allocated in the Moscow Region.
Under the right of state and municipal ownership of unitary enterprises hides the organization of a state-owned business. Government organizations are characterized by a narrow focus of activity and are created for one type of activity. For example, the status of treasury organizations have correctional facilities. Naturally, their economic activity is limited, and their profitability or loss-making is not discussed.
For example, all organizations providing utilities are organized in the form of unitary enterprises that own property on the basis of economic management. This amount of authority allows you to freely conduct activities aimed at making a profit. Thus, the right of municipal and state ownership of legal entities is expressed either in the form of operational management or economic management.
Exercise of rights
The state and municipalities influence public relations by adopting binding acts. Owning property gives them additional tools to influence the economy. For example, the release of products to the market affects the price level, where there are many market participants, and not just monopolists.
At the expense of the budget, goods and services are ordered, which affects the development of the business. The law obliges to conclude a share of contracts with representatives of small and medium businesses, and provides additional preferences. For example, by providing subsidies, preferential terms for renting real estate. The easiest way to replenish the budget is to lease land plots and premises.
Features of the law of state and municipal property are in the procedure for their implementation. The conclusion of transactions with property is carried out through a tender. Signing a contract with one person is allowed only in relation to one person. The provision of subsidies is organized according to special programs, according to which a person must submit a set of documents.
All actions affecting property rights are carried out on the basis of adopted normative acts and orders within the powers of officials. Interested parties have the right to appeal to a court in decisions that have been made, contracts concluded, if they believe that the procedure was carried out with violations.
Ways of law
The law provides for two groups of grounds for the acquisition of state and municipal property rights:
- general methods used by citizens and legal entities;
- specific paths characteristic of the state and municipality.
The general method is the execution of transactions (purchase of real estate, placing orders for state and municipal needs).
What is included in the second group of reasons:
- nationalization of property through redemption;
- seizure or requisition;
- confiscation;
- acquisition of escheated property;
- redemption of cultural property contained in violation of conditions;
- redemption of property for general useful purposes, as well as due to the impossibility of possessing it by the owner;
- participation in projects.
Nationalization
Nationalization - the transfer into the ownership of the state of objects of strategic importance. If the owner agrees, a contract of sale is drawn up, and if not, a lawsuit is filed in court. The court approves the contract, the former owner is given a refund in cash. It is carried out through the adoption of a special law that describes the procedure, terms for the transfer of rights and objects claimed by the state.
Requisition, Confiscation and Redemption
Requisition - the seizure of private property in an emergency, for example, the right to seize automobile transport, drugs, etc. The owner has the right to demand compensation or return of the surviving property.
Confiscation - the seizure of property used or acquired during the commission of an offense. Withdrawal is made on the basis of a court decision, no compensation is paid. The decision regarding confiscation is appealed to a higher authority in accordance with the procedural codes.
Confiscation is a way of acquiring the right of state and municipal ownership of land if it is used for other purposes and with violations of land and environmental laws. It can be applied to property previously transferred to private ownership, the transaction on which was deemed illegal or invalid. For example, the privatization procedure was substantially violated.
Unclaimed property - objects of property remaining as a result of the opening of an inheritance, but it was not accepted by anyone, or the heir or heirs were removed.
The right to redeem cultural property applies if the valuable object is at risk of destruction or damage. Redemption is possible in the case of foreigners who inherited a land plot of agricultural purpose. Foreigners are only entitled to rent them, the status of the owner is excluded, therefore the object is subject to redemption, or a period is given for its sale in the usual manner.
Investment projects
Rights to property or objects to property may be transferred under agreements for the integrated development of the territory. The Land Code provides for a system of integrated development of territories. According to the contract, part of the rights to the constructed objects is transferred to the state. The result may also be the transfer to municipalities or the state of a part of the stake in the newly created enterprise.
Entry in the register of rights
State registration of the right of municipal property, however, as well as state, takes place in a general manner. A representative of the authority (legal officer) prepares an application and other documents on the basis of which the right arises (most often a court decision or contract).
The law obliges subjects of the federation to maintain registers of state and municipal property. Their presence does not exclude the entry in the general register of rights. Citizens thereby have access to the list of objects, the grounds for the emergence of rights to them and information about the former owners or owners. Officials do not always fully comply with the law, and there is access only to the record of ownership in registries. Another violation is making a record only on the basis of an order that is not supported by other documents, by virtue of which a right of ownership arises.
Record in the register affects only premises, real estate complexes. Land plots owned by the state and the municipality are contributed if they were previously formed as an object of law and, for example, were transferred to rent or to property of other entities.