The subjects of the right of ownership are individuals or legal entities, organizations that have three powers: ownership, use and disposal. Ownership means that the owner physically owns the thing. The right to use indicates that the owner of the thing has a legal right to benefit from it through its application. In the process of using a thing, it is consumed or undergoes a depreciation process. The final competence is disposition of property. It speaks of determining the legal fate of a thing, that is, of the right to sell, donate or become a participant in rental relations.
Privatization is an administrative activity. From this point of view, this activity is a combination of purposeful and interconnected actions aimed at the transfer of municipal property of the state to private property. Privatization is carried out with the participation, in the most direct manner, of the special bodies of our country in the forms established by law. Objects and subjects of privatization are elements of this process.
Thus, the objects of the process in question are property, which is municipal and state. It should be noted that the current legislation in the field of privatization does not give a clear answer to the question of which objects are part of privatization, other than those indicated above. Normative legal norms are limited only to the list of the property to which their action does not apply. Thus, natural resources, reserves and other objects can be added to such a list of objects, the list of which can be seen by direct reference in the law.
Based on the foregoing, it should be noted that the main objects of privatization are municipal and state property. The very concept of property is not spelled out in law. Thus, we can only assume what property the legislator had in mind. Apparently, this includes real estate, as well as property rights.
The subjects of property rights, in particular privatization, are the state, constituent entities of the Russian Federation, municipal level entities, organizations and individuals. The main direction of the privatization process is focused on the implementation of such a state function as economic. The subjects of ownership by virtue of the law are empowered to carry out the privatization process. They are the executive authorities of our state at the federal level. Some time ago, the area under consideration was assigned to the State Property Committee and its territorial committees.
The methods of privatizing state and municipal property stipulate the transformation of a unitary enterprise into a joint-stock company of the type, sale of state property at tenders, sale of AO shares at specialized auctions, sale of state property at a tender, sale of open type AOs outside the Russian Federation that are in state ownership. Additionally, it should be noted the sale of state property through a public offer and the contribution of property as a contribution to the charter capital of an open joint-stock company.
Additionally, it should be noted the sale of securities in the form of shares of AO of the open type following the results of trust management of property. Note that the methods of privatization are specified in the law in an order that proceeds from the degree of their importance. As a general rule, the transition to the next privatization method is allowed if the method indicated above cannot be implemented and there is no possibility of using it. When transferring permitted property from the state to other members of the community, such a thing as subjects of property rights may be applicable to them.