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Civil law. A common part. The right of state and municipal property (the most important)

Lecture notes, cheat sheets

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30. RIGHT OF STATE AND MUNICIPAL PROPERTY

These forms of ownership are designed to ensure the interests of large groups of people (the population of the Russian Federation as a whole and its subjects).

State property - property owned by the right of ownership of the Russian Federation, as well as property owned by the right of ownership of the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. The main feature that characterizes the right of state property is plurality of subjects. The rights of the owner on behalf of the Russian Federation and the constituent entities of the Russian Federation are exercised by state bodies. Property owned by the state is assigned to state enterprises and institutions with the right of operational management and the right of economic management.

В composition of state property includes:

1) objects that are the basis of national wealth; facilities necessary to ensure the activities of federal authorities and administration (treasury, currency fund, etc.);

2) objects of defense production (space and aircraft, etc.);

3) objects of industries that ensure the vital activity of the national economy (objects of the river and sea fleet).

municipal property - property owned by the right of ownership of urban settlements, rural settlements and other municipalities. The rights of the owner on behalf of the municipality are exercised by the bodies of local self-government. State authorities and officials do not have the right to exercise the powers of the owner in relation to municipal property.

Municipal property is the following objects:

1) residential and non-residential assets managed by the local administration; housing maintenance enterprises;

2) repair and construction enterprises serving objects of municipal property, objects of engineering infrastructure of cities, objects of urban passenger transport and external improvement;

3) other facilities that are in the operational management of the local administration;

4) retail trade, catering and consumer services enterprises; wholesale and warehouse enterprises, enterprises and divisions of production and technical equipment;

5) institutions and objects of healthcare, public education, culture and sports, etc. (the said property is registered in the register of municipal property).

The most common way of exercising the right of state and municipal property is transfer of state and municipal property to enterprises and institutions:

1) on the right of operational management (a state or municipal enterprise has the right to use property in accordance with the goals of its activities, the tasks of the owner and the purpose of the property);

2) on the right of economic management (a state or municipal enterprise is not entitled, without the consent of the owner, to sell, lease, pledge or contribute real estate to the authorized capital of business companies. With regard to movable property, all these actions can be performed in the absence of direct restrictions in law).

Author: Stepanova O.N.

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