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

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

Lecture notes, cheat sheets

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38. RIGHT OF MUNICIPAL PROPERTY

The right of municipal property belongs to public law. It is an independent form of ownership. The three powers of the owner in this form of ownership are exercised by the representative body, taking into account the opinion of the population of the municipality and in its interests. Municipal formation - formation in which there is a self-government body (cities, districts in cities, towns, villages, etc.).

Subjects of municipal property law - municipalities. Management of municipal property is carried out by the bodies:

1) representative (elected bodies);

2) local authorities;

3) municipal enterprises and institutions to which municipal property is assigned on the basis of the right of economic management or operational management.

Objects of municipal property law - local budget funds, municipal off-budget funds, property of local governments, as well as municipal lands and other natural resources owned by municipalities, municipal enterprises and organizations, municipal banks and other financial and credit organizations, municipal housing stock and non-residential premises, municipal institutions of education, healthcare, culture, etc.

Features of municipal property

1. Municipal property is divided into two parts: one part is assigned to municipal enterprises and institutions on the right of economic management or the right of operational management, the second part makes up the treasury of the municipal entity, which includes funds from the local budget and other municipal property not assigned to municipal enterprises and institutions.

2. A number of objects are exclusively municipal property, i.e. objects are withdrawn from civil trade turnover (municipal institutions of education, health care, culture, sports).

3. Municipal property objects are intended to resolve issues of local importance: to meet the housing, communal, socio-cultural needs of the population of a given territory (target nature).

Grounds for the emergence of the right of municipal property: general civil and special.

Special - receipt of funds from privatization; amounts of money paid in the form of taxes and fines; payment for the use of natural resources; state property transferred to the municipal fund; funds deducted by the Russian Federation from collected taxes, and funds allocated to it for the implementation of certain state powers, etc.

Powers of local self-government bodies to manage municipal property: transfer of municipal property for temporary or permanent use to individuals or its alienation (ie, transactions); creation of municipal enterprises and institutions; determination of goals, conditions, procedures for the activities of enterprises and institutions that are in municipal ownership; management of local budget funds; privatization.

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