Civil law. Parts I, III and IV. State property rights (most important)

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Civil law. Parts I, III and IV. State property rights (most important)

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37. STATE PROPERTY RIGHT

The state as a subject of property rights occupies a special place among other subjects of property. This is explained as follows: until 1990, state ownership was leading in relation to other forms of ownership; the state had a number of advantages over other owners; now part of the state's property has been transferred to other subjects, and its owner's powers have been equalized with the powers of other subjects.

The right of state property in an objective sense - a set of legal norms that fix the three powers of the owner of the Russian Federation and its subjects in relation to state (public) property. These norms form the institution of state property law.

The right of state property in the subjective sense - three powers of the owner belonging to the state, which are carried out taking into account the interests of the whole people. State property must be used by state property entities for its intended purpose.

Subjects of state property rights are: RF, its subjects.

Features of objects of state property rights: their circle is unlimited; they include property that is the exclusive property of the state (which is used only in the interests of the people or to serve special state needs, it cannot be in private ownership): subsoil, forest resources, water resources, resources of the continental shelf; objects of cultural and historical heritage, property of the state treasury, nuclear power facilities, poisonous and narcotic substances, etc.

Property owned by the state is divided into two parts: assigned to legal entities on the right of economic management and operational management and not assigned to legal entities (it constitutes the state treasury). The state treasury includes: funds from the federal budget, the Pension Fund of the Russian Federation, the Social Insurance Fund and other non-budgetary funds of the Russian Federation, the Fund of the Central Bank of the Russian Federation, gold reserves, etc. The object of collection of creditors for state debts can only be property not assigned to legal entities . Such an object is budget funds. State property is subject to registration in the appropriate register of federal state property (property of subjects of the Russian Federation).

Grounds (methods) for the emergence and termination of state property rights: general civil (characteristic for other subjects); special methods (characteristic only for the state) - nationalization, requisition, collection of taxes and obligatory payments, transfer to the state by the right of inheritance of escheated property, forced seizure of property, including by buying it out. A special ground for termination of the right is privatization.

The state exercises the rights of the owner, while acting in economic circulation through its bodies with appropriate competence, the main state body is the Federal Agency for Federal Property Management.

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