According to Part 2 of Art. 8 of the Constitution of the Russian Federation in Russia, private, state, municipal and other forms of property are recognized and protected equally. A similar provision is enshrined in Art. 212 of the Civil Code of the Russian Federation, which, however, is not limited to this: it provides for the possibility of other divisions of the above forms of ownership. From the contents of Art. 212 -215 of the Civil Code of the Russian Federation, it can be concluded that private property under Russian legislation is divided into property of citizens And legal entities, and state property - on federal, belonging to the Russian Federation, And property owned by constituent entities of the Russian Federation- republics, territories, regions, cities of federal significance, autonomous okrugs and autonomous regions. As for municipal property, its subjects are urban and rural settlements, as well as other municipalities. The list of forms of ownership specified in the Constitution and the Civil Code of the Russian Federation is not exhaustive, since it is accompanied by a reservation, by virtue of which other forms of ownership are recognized in the Russian Federation.

Citizens' property rights

Citizens can own any property and in any quantity. The law makes exceptions only for certain types of property that cannot be the property of citizens, for example, heavy weapons or areas of the continental shelf. Citizens can own property individually(the property is owned by one person). They can own property by right common property(the property belongs to several citizen-owners). Community ownership is a method of jointly owning property. It can be shared or joint. IN shared property, each of its owners has a precisely defined share of the property. Common property is joint only in cases expressly specified by law.

Ownership of legal entities

The subjects of property rights of legal entities are commercial and non-profit organizations - legal entities (except for state and municipal enterprises, as well as institutions financed by owners).

A legal entity owns property that was transferred to it as a contribution (contribution) by its founders. A legal entity is the sole owner of the property it owns. It has the right to take any actions in relation to its property that do not contradict the law.

Several legal entities can combine property for joint activities on the basis of shared ownership. They can also merge property with state legal entities, i.e. the state.

State property- this is property owned by the Russian Federation or its constituent entities. The objects of state property rights are:

Resources of the continental shelf and maritime economic zone of the Russian Federation;

Cultural and historical values ​​of national significance;

State budget funds;

State banks;

Gold reserve;

Diamond and currency funds, etc.

Objects of exclusive state ownership also include enterprises that are not subject to privatization - enterprises of the military-industrial complex, nuclear energy, etc. But the exclusive nature of state ownership of these objects must be expressly indicated in the law.

The state exercises its property rights in three ways:

1) assigns property to state unitary and state-owned enterprises and institutions on the basis of the right of economic management or operational management;

2) owns blocks of shares in joint stock companies, i.e. private commercial organizations;

3) the undistributed part of the property and budget funds, i.e., the treasury, is used through executive and administrative activities, the budget law, government regulations, etc.

Special objects of state property rights (both federal and constituent entities of the Russian Federation) are blocks of shares of joint-stock companies. Joint-stock companies with the participation of state capital are private commercial organizations - legal entities. All property of joint-stock companies is private property, and the state, as a shareholder, participates in the management of the company and receives dividends. But it is not the owner of the property of the joint-stock company, because this property is not the common property of the shareholders, but the property of the joint-stock company as an independent legal entity.

Municipal property

Municipal property is property that belongs to urban and rural settlements. It is not a type of state property. This is an independent form of ownership, in many ways similar to state ownership. Municipal property may include:

Local budget funds;

Municipal lands;

Municipal enterprises and organizations;

Municipal housing stock;

Natural resources in municipal ownership;

Other movable and immovable property.

Just like the state, municipalities have their own treasury - rural, city, township, etc.

Municipal entities may also have common (shared) property both with other communities and with the state or private legal entities.

Right of economic management

As noted above, the state and municipalities can assign their property to certain enterprises and institutions, while remaining, however, the owners of the property. In such cases, the owner gives such an enterprise or institution one of two real rights: either the right of economic management or the right of operational management.

An enterprise that is endowed with the right of economic management is called unitary in the sense that it cannot be divided or privatized piecemeal. This is usually a commercial enterprise conducting economic and entrepreneurial activities in the interests of the state or municipal community.

Right of economic management means that an enterprise, acting as a legal entity, owns, uses and disposes of the property assigned to it. This property is reflected in the balance sheet of the enterprise. At the same time, it owns and uses the property to the same extent as the owner himself would do.

At the same time, the powers that constitute the right of economic management are, firstly, derived from the powers of the owner, based on them (if there is no right of ownership, there can be no right of economic management), and secondly, they are significantly limited in comparison with them.

The limitation of the right of economic management is manifested in the fact that a unitary enterprise cannot dispose of real estate- sell, donate, contribute as a contribution to the authorized capital of business companies and partnerships, alienate in any other way, lease, pledge, etc. Transactions of a unitary enterprise for the disposal of real estate, made in violation of this rule without the consent of the owner, are insignificant i.e., they have no legal force and do not create any rights or obligations.

Concerning movable property, then the unitary enterprise has the right to dispose of it without the consent of the owner, unless otherwise provided by law.

By approving the charter, defining the subject and goals of the unitary enterprise’s activities, the owner thereby establishes certain boundaries for the implementation by this enterprise of the right of economic management to the property assigned to it. In addition, the owner subsequently exercises control over the proper use and safety of the specified property, as well as property that the enterprise acquired and produced in the course of its activities.

Right of operational management

Another right derived from state or municipal property is right of operational management property allocated to state-owned enterprises and institutions. State-owned ones include:

1) enterprises producing products that are allowed to be produced only at state enterprises;

2) enterprises producing products, more than 50 percent of which are purchased by the state;

3) enterprises not subject to privatization.

This right also includes the power to own, use and dispose of property, but is even more limited than the right of economic management. Thus, a state-owned enterprise can independently dispose only of its products, unless the law prohibits this. In other cases, the disposal of property must be agreed upon with the owner. The owner determines the procedure for distributing income of a state-owned enterprise. He may at any time withdraw excess, unused property.

The right of an institution to dispose of the property assigned to it is subject to the same restrictions. It generally cannot dispose of either the property assigned to it or property acquired with funds allocated according to the estimate. And only if the institution’s charter is granted the right to engage in income-generating activities, it has the right to dispose of these incomes and the property acquired at their expense completely independently. These incomes are recorded on a separate balance sheet of the institution.

Questions and tasks

1. List and disclose the characteristics of business entities.

2. What is meant by property in an economic sense? What elements does the system of economic property relations include?

3. Define the concept of “ownership rights”. List the powers of the owner and reveal their content.

4. What types of property do you know?

5. Draw a diagram of the forms of ownership enshrined in Russian legislation.

6. Describe the content of citizens’ property rights.

7. Describe the content of property rights of legal entities.

8. Describe the content of state property rights.

9. Describe the content of property rights of municipalities.

10. Compare the right of economic management and the right of operational management.

The legal status of state property is regulated by Article 214 of the Civil Code of the Russian Federation. It indicates that state ownership is divided into federal and belonging to the constituent entities of the Russian Federation. At the same time, the law indicates that land and other natural resources that do not belong to private individuals or municipalities automatically fall into the category of state property. Budget funds that are not assigned to enterprises or institutions belong to the state treasury. Municipal property and intangible assets do not belong to state property and are an autonomous type of property, as enshrined in Article 130 of the Constitution of the Russian Federation.

Detailing of state property

Everything that belongs to state property can be divided into several main types:

• natural resources and objects of historical and cultural heritage;
• objects necessary for the functioning of state authorities. These include the treasury, civilian enterprises, scientific institutions, military equipment, defense production enterprises;
• industry facilities necessary to maintain economic activity;
• transport arteries of federal importance.

In order for some objects to pass from state ownership to private ownership, it is necessary to carry out their privatization, and for the reverse process associated with the transition of private property to state ownership, it is necessary to carry out nationalization. In Russia, this process is regulated by Article 235 of the Civil Code, which refers to the federal law of December 31, 2014 No. 499-FZ, which details this process. However, the state has the right to expand its property through ordinary redemption, which does not relate to nationalization and is carried out on the basis of sales contracts.

Important aspects of state ownership

In Russia, the equality of all participants in civil relations is legally enshrined. No exceptions are made for the state in this regard. This is stated in Article 2 of the Civil Code of the Russian Federation. In this case, only economic issues are considered, and the political component is excluded. State ownership separates property from private ownership and makes it belong to the entire people. However, the process of reform and division of rights and responsibilities of various entities continues.

It is typical that state-owned enterprises are liable only for their loan obligations. Their assets cannot be considered as a way to cover the general public debt.

State property management

The presence of state ownership certainly raises the problem of effective management. At present, the main instrument for its implementation is the state corporation. The activities of some of these organizations are regulated by the law “On Non-Profit Organizations”, but its application is impossible in relation to a number of corporations, for example, the state corporation Rosatom operates on the basis of a separate law designed to carry out legal regulation of the use of atomic energy.

At the same time, the question of which area of ​​law relates to the creation and activities of state corporations remains debatable. Some consider them to be legal entities of public law, while others claim the unique legal status of such structures.

The processes of regulating issues of managing state property and investing in various projects of federal significance are constantly changing. The general budget deficit that has formed in recent years leads to the fact that a number of initiatives, especially those related to long-term investments, have to be abandoned. However, the basic legal norms defining the concept of state property and the treasury have not had any major changes in the last ten years.

According to paragraph 1 of Art. 212 of the Civil Code of the Russian Federation “private, state, municipal and other forms of ownership are recognized in the Russian Federation.”

Consequently, these stand out forms of ownership, such as private, state, municipal and others. In addition to forms of ownership, there are also types of ownership determined by various criteria. In particular, the types of property include common joint property and common shared property.

By its subjects private property is divided into private property of citizens and legal entities. Citizens can own any property, with the exception of certain types of property that, in accordance with the law, cannot belong to them. In particular, citizens can be owners of various types of real estate (enterprises, property complexes, residential buildings and apartments). The Constitution of the Russian Federation proclaims the right of citizens to have privately owned land (land plots). Citizens may also own movable property and certain rights of obligation. Only property withdrawn from circulation, which constitutes the exclusive property of the state, cannot be the property of citizens.

Legal entities are the owners of their property, including property transferred to them in the form of contributions (contributions) by their founders (participants, members). The only exception is the property of unitary state and municipal enterprises, as well as institutions financed by the owner.

State property in the Russian Federation consists of property owned by the Russian Federation (federal property), property owned by the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of the constituent entities of the Russian Federation). Thus, state ownership is characterized by a plurality of subjects. Its subjects are state entities as such.

All state property, whether it belongs to the Russian Federation or its constituent entities, is divided into two main groups: 1) property assigned to state enterprises and institutions on the basis of economic management or operational management; 2) property that comes into the ownership of the state and remains not distributed among its legal entities (for example, state budget funds, various funds, confiscated, ownerless, escheated property, duties and fees, etc.).

In the Civil Code of the Russian Federation municipal property represents an independent form of ownership. Municipal property is property that belongs by right of ownership to urban and rural settlements, as well as other municipal entities. Municipal property includes local budget funds, municipal extra-budgetary funds, property of local governments, municipal lands and other natural resources in municipal ownership, municipal enterprises and organizations, municipal banks, municipal housing stock and non-residential premises, municipal institutions and other property .

Municipal property, like state property, is divided into two groups. The first of them consists of property transferred to municipal enterprises and institutions for possession, use and management and assigned to them on the principles of economic management or operational management. The second part of municipal property is the treasury of the corresponding urban, rural settlement or other municipal entity, which is municipal property that is not assigned to enterprises or institutions and is under the direct jurisdiction of the municipal entity.

Forms and types of property in the Russian Federation

Types and forms of ownership are distinguished depending on who is the owner of the property (see figure). In the Russian Federation, the bearers of state property rights are state property management committees, which are created at the federal level and at the level of federal subjects. Local government bodies are bearers of municipal property rights.

Private property is the basis of a modern market economy. The different degrees of development of productive forces and organizational-economic relations, the unequal degree of socialization of production in different areas of the economy are reflected by the variety of forms of ownership.

State property is divided into: national, regional and municipal.

By legal characteristics: private property (citizens and legal entities), state (federal, federal subjects and municipal) and joint or mixed form of ownership.

Property objects: capital in monetary or material form, land, natural resources, goods, securities, labor, residential buildings.

The relationship between various forms of ownership in each state has been established, as well as the advantage of certain forms of ownership in each sector of the economy, in material production and in the intangible sphere.

Privatization represents a special system of economic relations, arising in connection with a change from state to private ownership.

Privatization is aimed at developing social infrastructure facilities and social protection of the population (at the expense of funds from privatization).
In Russia there is a system that combines private (individual and group), state and mixed forms of ownership of the means of production. Which is quite logical, since the market presupposes competition between producers, freedom of commercial and production activities (there should not be dominance of any one form of ownership). Different forms of ownership complement each other, each of them can be better adapted to each specific type of economic activity, to a specific sector of the economy.

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One of the defining structural elements of the economic system is socio-economic relations in society. In turn, they are based on the dominant form of ownership. Property relations influence economics, politics, ideology, etc.

In the broadest sense of the word property - a historically determined form of appropriation of material goods by people. With a more thorough analysis of its content, its economic and legal aspects come to the fore. They are closely interconnected and interdependent.

Property as an economic category reflects objectively developing relationships between people regarding their appropriation of the means of production in the course of economic activity, as well as goods, services and income obtained with their help. Property as legal category reflects, in accordance with current legislation, the entire range of real (property) rights of people in a given society. When correlating these two categories, the conclusion is indisputable that legal property relations are a form of expression, existence and consolidation in legislative and regulatory acts of property relations.

Property or real rights can be exclusive, absolute and relative and, accordingly, be expressed in relations of disposal, possession and use.

Disposal is the right of the owner to dispose of the property (land, resources, production).

Possession is the ownership of an object by a specific subject (person, family, production team, etc.), the possibility of direct influence on the object.

Use (use) - the use of a property in accordance with its purpose and at the discretion and desire of the user.

The classification of property involves the identification of two main types:

• private;
• public

World practice shows that the defining type of property in a market system is private, which comes in three main forms:

• single;
• affiliate;
• corporate

Single ownership is characterized by the fact that an individual or legal entity implements all property relations (disposal, possession, use). As a rule, these are simple commodity producers (farms, family businesses). In addition, single property can be represented in the form of ownership of an individual private person who can use hired labor.

Partnership ownership involves the association in one form or another of property and capital of several legal entities or individuals for the purpose of carrying out common business activities. We are talking about enterprises formed on the basis of shares (means of production, land, money, material assets, innovative ideas) of the founders.

Corporate ownership is based on the functioning of capital, which is formed through the free sale of property titles - shares. Each owner of a share is the owner of the capital of the joint stock company.

Within public property It is necessary to distinguish between collective, state and so-called national property.

Collective ownership is formed by distributing it among the employees of the team employed at a certain enterprise (such as a closed joint-stock company).

State property acts as the property of all members of society. However, the implementation of relations of appropriation through relations of ownership is carried out by the state apparatus, which is designed to personify the socio-economic interests of all segments of the population, professional and social groups of society.

Public property presupposes that the entire public domain belongs directly (immediately) and simultaneously to everyone and everyone individually.

“In the Russian Federation, private, state, municipal and other forms of property are recognized and protected equally” (Article 8 of the Constitution of the Russian Federation).

TO other forms of ownership in our country include the following.

Individual property. This form concentrates in one subject all the listed characteristics: labor, management, disposal of income and property. In a modern economy, this may include those who are commonly called unincorporated owners. In Russia, this could be: peasants running their own farms; individual traders (including shuttle traders); private practitioners; lawyers, all those who combine work, management, disposal of income and property.

Cooperative ownership. This form is based on an association of individual owners. In a cooperative, everyone participates with their labor and property, and has equal rights in the management and distribution of income.

Shareholder ownership. This is a group of private property that is created by issuing and selling securities - shares and bonds. The presence of securities is a distinctive feature of the joint-stock form of ownership.

Mixed forms of ownership. In this case, there is a diffusion of different forms and property relations, as a result of which the internal content of individual forms becomes more complicated. For example, private enterprise and cooperative structures can be formed within state-owned enterprises. In the transition economy of Russia, this process has acquired significant proportions.

Combined forms. The modern economy, in search of effective functioning and implementation of projects, comes to the unification of various forms of ownership while preserving each of them its own special content. As a result, combined forms are formed. These may include joint ventures, holdings, financial and industrial groups, concerns, trusts and other forms with equal powers to manage, distribute income and dispose of property.

The right of private property is protected by law. “Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons” (Article 35 of the Constitution of the Russian Federation).