Measures to transfer the economy to the rails of market development include a whole range of actions involving the creation of a new configuration of the economic system as a whole. Such programs are implemented in almost all countries with the so-called transitional type of economy, and therefore the privatization of state and municipal property in itself is a fairly new legal mechanism that continues to improve as experience accumulates in this field of activity. In Russia, these procedures are specified in Art. 217 of the Civil Code, which determines that privatization is the process of transferring state property into property to private individuals or organizations. In a substantive aspect, this means the termination of public property rights and the formation of private property rights.
The privatization of state property, in whatever form it is carried out, what motives would not have initiated it, always requires the development of a clear legal mechanism for its implementation. This is dictated by the importance of the privatization process for the whole society and the possible negative consequences for society as a whole, if the legal side is not prepared for the implementation of this policy. Therefore, the privatization of state and municipal property necessitates the adoption of special laws. It can be carried out both on a paid basis and for free, it depends on the specific conditions of the privatization process itself and the characteristics of the property that is included in this turnover.
In Russia, privatization is carried out in respect of the following property:
- land plots.
- enterprises, property and securities that previously belonged to the state;
- privatization of housing;
For each of these facilities, the state determines and implements specific goals of an economic and social nature. For example, the goal of privatizing state enterprises declared the need to form a layer of individual entrepreneurs, develop the country's social infrastructure , increase the efficiency of business activities, and improve the financial situation. At the initial stages of the privatization of state and municipal enterprises was carried out, as a rule, on a reimbursable basis. But, as historical experience has shown, the first attempts at privatization in Russia were extremely unsuccessful, especially in terms of ensuring their social effect. Therefore, in 2006, the State Program was adopted , which substantially transformed not only the targets for privatization, but also the procedural ones. For example, as the main goal of the program is called "maximizing" the effectiveness of privatization measures in order to increase the competitiveness of the country's economy. The implementation of the program involves solving the following tasks:
- socially oriented privatization of state and municipal property withdrawn from use by the state;
- reduction in the number of federal unitary enterprises of state ownership;
- effective restructuring of a number of sectors of the economy;
- increase in federal income.
In the sphere of the privatization program for housing and land, the following goals are set:
- creating favorable conditions for the formation of housing and land markets; - reduction of costs allocated for the maintenance of housing at the expense of the state;
- stimulation of the efficient use of land and land;
- Strengthening social support for agricultural workers.
Based on these goals, the Program assumes that the privatization of state and municipal property should be carried out first free of charge, and only as we move towards our goals, we need to carry out a phased transition to paid privatization. It is this approach that will provide the most harmonious combination of the interests of the state and citizens during the privatization process.