State property in the Russian Federation is property owned. State property

The state is a special subject of property rights. Its role is manifested in the fact that previously the right of state ownership was predominant, but now a significant part of the property that once belonged to the state has been transferred to other owners. This has led to the equalization of the powers of the owners.

Subjects of law of state power

Until recently, most of the material resources of our country were under the complete control and management of government agencies. State ownership was comprehensive and could not be transferred into private hands. However, with the collapse of the USSR, our country began to introduce the principle of a market economy, which led to the fact that a significant part of the property was transferred into private hands.

However, state ownership still occupies the majority of all property relations. Our country controls such resources as natural resources, land and much more.

The system of government is divided into several types depending on the subjects.

Subjects of state power are understood as structures that make political decisions at various levels and organize the implementation of these decisions. They are divided into several types:

• Primary subjects, presented in the form of social groups, people and society. It is these categories that legitimize power and its chosen form of development;
• Secondary subjects are represented by self-government bodies, both local and municipal, and federal.

The principle of separation of property of the Russian Federation

Based on the fundamental norms of domestic law, all property is distributed between different entities that manage it. State property does not have priority values, but it is the most valuable material resources of the country, such as land and natural resources.

State property is managed with the help of authorized government bodies. Among them are the Government and the President, federal structures and municipal structures.

State ownership of land is a priority and is therefore controlled especially carefully.

Objects of property law can be very diverse. These include people, different population groups, legal entities and private organizations. They do not have state ownership rights, however, in accordance with fundamental principles, they can exercise control over the management of material resources that are under the control of the country.

Grounds for the emergence of state property rights

State and municipal property arises on various grounds, among which general civil and special ones can be distinguished. In the first case, the right of state ownership will not have priority, and the property can be transferred to the management of private structures. In the second case, only state structures can take over the management of state property.

It is worth noting that, if necessary, the state can acquire property rights with the help of auxiliary instruments, such as forced seizure of property, confiscation, requisition and tax payments, etc. However, at the same time, it is worth noting that state property is only formally under the control of power structures.

The people have a priority right to all property values, and can change all power structures, from municipal to federal.

List of property belonging to state property

The right of state property belongs to those power structures that govern the country. In addition, they also carry out such a process as the management of state property. In this situation, the state will be presented as a subject of legal relations, and therefore can independently manage the resources that are under its control. Thus, state property can be leased, donated or sold.

All property owned by the state is divided into two main types:

• federal property, that is, resources and other values ​​that are under the control of primary government structures. The right of state ownership here will be exercised for the most important resources, among which we can highlight lands, forest resources, natural resources, water resources, etc.;
• property belonging to the subjects of the federation. Here, management of state property of regional importance will be introduced for land and water resources that are not of particular state importance, enterprises and municipal departments, residential premises and extra-budgetary funds.

Land and natural resources owned by the state

Based on some key principles of the domestic legal framework, natural and land resources are the main wealth of the country and therefore require careful protection. As stated in the Civil Code of the Russian Federation, land can belong to different forms of ownership, both state and private.

However, if it is determined that certain land or natural resources are of decisive importance for the life of entire regions, then they will be under state control.

Natural resources have many specific features that affect the formation of ownership rights to them. They must be registered in the state control system and have an estimated value.

Considering the fact that land and natural resources are the basis of the life of the population, there is a need for their rational use. That is why resources of this type are managed by government agencies. As practice shows, state ownership in this case makes it possible to maximally rationalize the use of the resource potential of lands and other lands, which has a positive effect on all participants in legal relations in this area.

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• The moment at which the acquirer’s ownership rights arise under the contract

State property includes municipal and legal entities, the owners of which are not citizens, natural resources and lands. What are all its functions? What possible types is it divided into? In fact, there may be many more questions. In this article we will try to analyze and answer the main questions. But first of all, let’s find out how movable state property differs from immovable property.

What is the difference between movable property and immovable property?

At first glance, the answer to this question is obvious and follows from the names themselves: movable objects, unlike immovable ones, can be moved. Indeed, from the point of view of legal terminology, movable property can be called everything that can be moved from one place to another without violating the integrity and functionality of the object itself. This includes various types of vehicles, office and computer equipment, jewelry, equipment, household appliances, securities and household items.

“Distributed” and “undistributed” state property

State-owned property, is divided into two parts. The “undistributed” property of the state is the treasury, which includes funds from the state budget. Such property is not distributed among state enterprises and institutions. It can be used as an object for debt collection from the owner state.

In contrast, “distributed” property cannot be used to cover government obligations. Such property, assigned to legal entities, has limited independent management and economic rights.

What is state property?

Real estate is connected to the ground and cannot be moved without causing damage to the property. To state real estate RF include:

• natural objects used in a special way or protected (national parks, reserves, resorts, mineral resources, etc.);
• resources of the territorial waters, continental shelf and economic maritime zone of the Russian Federation;
• structures, buildings and forest areas, unfinished construction sites;
• ships and aircraft;
• historical and cultural sites;
• enterprises as a property complex;
• single real estate complex.

State property management is carried out by government agencies and various enterprises. The Constitution recognizes equal and equally protects all types of property, including state property.

According to various estimates, the share of state property in the country's economy in recent years varies within 50%. According to RBC, the list of the 500 largest Russian economic players includes 15 joint ventures and 89 state-owned companies. The share of the latter in total revenue was about 43% (according to Expert RA - 51%). Thanks to the widespread practice of revoking licenses from commercial banks, carried out by the regulator, the largest share of the public sector has developed in the banking sector.

In addition, state ownership dominates in those sectors of the economy that have priority general economic importance. These include:

• non-production sphere (educational and medical institutions, housing and communal services enterprises);
• transport infrastructure (railroads, highways, port facilities);
• nuclear, military and aerospace industries;
• the latest knowledge-intensive production.

Types of state property in modern Russia

Current legislation classifies the following objects as state property:

• Defense purposes (enterprises, institutions, organizations and research institutes that carry out the development, testing and destruction of weapons, military equipment and other property.
• Federal roads and companies involved in their maintenance.
• The foundations of the wealth of the Russian state are specially protected natural zones and continental shelf resources; values ​​of historical and artistic significance; natural heritage monuments).
• Relating to areas involved in ensuring the normal functioning of the country’s national economy and its individual sectors.
• Created to support the full-fledged operation of government structures and the implementation of the most important national tasks (State Treasury, gold reserves, foreign exchange and diamond funds, property of the RF Armed Forces, etc.).

The composition of property that belongs to the federal center or constituent entities of the Russian Federation is determined by current legislation.

State property management system

State property management is a purposeful activity of state bodies associated with the establishment of specific rules and conditions for the implementation of the powers of the property owner. The main role in this activity is played by federal executive structures (ministries, state committees, federal services, the Presidential Administration and other departments).

State-owned enterprises are unitary in their organizational and legal form - they are not owners of property, but own and use it on limited terms without the right of disposal. In this case, the property is not subject to division in any form.

A systematic approach is used for management, which involves the simultaneous performance of the following functions:

• Planning - formalization of goals, selection of relevant means of their implementation, as well as determination of the sequence of actions.
• Organization - the formation of a mechanism for interaction between government agencies participating in the management process, as well as the selection of the necessary resources.
• Order - differentiation of rights and responsibilities in each of the management levels, including the level of the federation and regions.
• Leadership - stimulating individual units to engage in interrelated activities to achieve common goals.
• Control - ensuring compliance of implemented tasks with final goals.

in accordance with Art. 214 of the Civil Code of the Russian Federation, property owned by the right of ownership of the Russian Federation (federal property) and constituent entities of the Russian Federation (property of a constituent entity of the Russian Federation). Land and other natural resources that are not owned by citizens, legal entities, or municipalities are civil rights. On behalf of the Russian Federation and the constituent entities of the Russian Federation, the rights of the owner are exercised by the relevant government bodies within the limits of their competence. Property located in the Civil Code is assigned to state enterprises and institutions for possession, use, and disposal in accordance with the Civil Code of the Russian Federation.

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STATE PROPERTY

state property law) is a system of economic relations that develop in the process of state-mediated collective, public appropriation of material goods produced by society. The appropriation of material goods by the state is aimed at satisfying social needs, which is manifested, firstly, in the material support for the existence of the state itself as a form of organization of political power in society (in the narrow sense - the maintenance of the state apparatus), and secondly, in the creation of a material base for its implementation its functions, incl. social protection of low-income groups of the population. In the latter case, the appropriation of material goods by its citizens is mediated through the state. Therefore, the state is often called the public owner in contrast to the private owner. In all countries with market economies G.s. - an obligatory component of the multi-structure economic structure of society. The modern trend towards optimizing the structure of G.S. is expressed in reducing its mass and object composition (mainly through privatization) to a size that allows, firstly, to provide the necessary foundations of social reproduction (relying on the economic infrastructure, communications, strategic scientific and technical potential and other G.S. remaining in the hands of the state ), and, secondly, to carry out the functions of a modern social state in the areas of social security, healthcare, culture, etc. The form of legal expression of relations regarding G.s. is the right of G.s. Relations regarding G.s. are subject to regulation by the norms of many branches of law - constitutional, administrative, civil, labor, environmental management, criminal, etc. In the Constitution of the Russian Federation, in contrast to the constitutions of the Soviet period of Russian history, which enshrined the dominant role of national socialist property as the economic basis of society, G.s. for the first time received the same social and legal status as other forms of property, and equal rights to protection (Articles 8,9). For civil law, the central legal institution of which is the right of property, i.e. - just one of the types of property along with private, municipal and other main types of property. Functioning of G.s. is ensured in the process of implementing the right of G.s. Based on the subject affiliation of G.s. The Constitution of the Russian Federation (clause “e” of Article 71) distinguishes, first of all, the federal State system. More details G.s. is subdivided in the Civil Code of the Russian Federation (Articles 212,214), according to which G.s. in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by its constituent entities - republics, territories, regions, federal cities, autonomous regions, autonomous districts (property of constituent entities of the Russian Federation). Based on this, the right of G.s. is divided into subtypes: property rights of the Russian Federation (federal state law) and property rights of a subject of the Russian Federation. The nature of these subtypes of property rights is identical, and such a division presupposes the division between them of the powers of ownership, use and disposal of certain material objects - state property. The classification of state property as federal property and as the property of constituent entities of the Russian Federation is carried out in accordance with clause 5 of Art. 214 of the Civil Code of the Russian Federation in the manner prescribed by law. Until such a law is adopted, the resolution of the Supreme Council of the Russian Federation of December 27, 1991 “On the division of state property in the Russian Federation into federal property, state property of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, the cities of Moscow and St. -Petersburg and municipal property" and the Regulations on determining the object-by-object composition of federal, state and municipal property and the procedure for registering property rights, approved by decree of the President of the Russian Federation of March 18, 1992. The object of law is G.s. is property, incl. - withdrawn from civil circulation, the ownership of which may belong exclusively to the state. The types of such property are established by law in order to ensure the security of the state and society in a broad sense (defense, economic, informational, etc.). The state owns the property of the Armed Forces of the Russian Federation, federal railway transport, federal communications, subsoil resources, continental shelf, territorial waters and maritime economic zone; historical and cultural monuments. At the same time, certain types of property cannot belong to the state on the right of ownership. These are, firstly, those objects for which the absolute rights cannot be ensured by legal means and which acquire the status of public domain. The consumption of such material goods is carried out directly, free of charge (for example, atmospheric air); secondly, objects of exclusive municipal property (for example, municipal housing stock); thirdly, property that, by its nature, can only belong to individuals (for example, a share in the common ownership of residential premises). In relation to this type of property such as land and other natural resources, which, by virtue of the Constitution of the Russian Federation, can be not only in public but also in private ownership, a general rule is established according to which such objects, if they are not owned by citizens, legal entities or municipalities are G.s. Thus, land and other natural resources cannot be recognized as ownerless property and ownership rights to them cannot be acquired by prescription. Objects of law G.s. may be located both on the territory of the Russian Federation and abroad. In the latter case, the legal regime of such property is determined by the norms of international law (private and public) and, accordingly, by the national norms of the state on whose territory such property is located. Its special civil law regime is determined by the immunities of the state. Both the Russian Federation and its constituent entities exercise the powers of the owner both directly and indirectly. In the first case - through government bodies, respectively federal and constituent entities of the Federation, within their competence. The most important role in this is played by the executive branch - the Government of the Russian Federation and executive authorities, primarily in the field of government management, finance, and the state budget. In the second case - through established legal entities - unitary enterprises, incl. state-owned (see State-owned enterprises), and institutions. All state property is divided into two parts and, depending on this, acquires the appropriate legal status. One part includes property assigned to state legal entities on the right of economic management or on the right of operational management. It is isolated from other state property, and cannot be directly subject to collection for state debts. The second part includes all other property, incl. funds from the relevant state budget, property not temporarily assigned to state legal entities. This property constitutes the state treasury - federal or subject of the Russian Federation. These are primarily funds from the federal budget of the Russian Federation and the budgets of the constituent entities of the Federation. At the expense of the treasury, the state makes, in particular, payments for its civil obligations, for example, under government contracts. Damage caused as a result of illegal actions (inaction) of state bodies or officials of these bodies, incl. as a result of the issuance of an act of a state body that does not comply with the law or other legal act. The state, as the owner, exercises its rights of ownership through state legal entities, since the state body to which the property representing the treasury funds is assigned acquires, from the point of view of civil law, the status of an institution (Ministry of Finance of the Russian Federation, Ministry of State Property Management, Central Bank of the Russian Federation, etc.). P.). The right to use is also exercised mainly through state legal entities. They receive their rights from the relevant government bodies in the course of their legislative, executive and administrative activities. Features of the law G.s. is reflected in his power of disposal, which has restrictions in relation to certain types of property. The state cannot dispose of its property, which is classified by law as withdrawn from civil circulation, by alienating it to another owner. The state can acquire property in special ways, for example, through confiscation, nationalization, collection of state taxes and fees, acquisition of ownership of a treasure that is a historical or cultural monument, and also terminate ownership through denationalization in the form of privatization and municipalization. Right G.s. is protected on an equal basis with the property rights of other entities. In foreign law G.s. has two more varieties, which have not yet received clear legal registration in Russian law, although in fact the process of their demarcation is ongoing intensively. These are public law and private law varieties of G.S. In many countries, such a division exists officially. The distinction is based on the criterion of civil negotiability and commercial purpose of civil society. “Private” civil society fully participates in civil circulation, can be freely and unrestrictedly alienated, and the state - its owner acts as an ordinary private entrepreneur participating in commercial, market relations for the purpose of making a profit. Public law G.s. is either completely excluded from civil circulation, or is allowed to participate in it indirectly, through fruits, products or income from its use (thus, the bowels of the earth in their natural beds and state can be an inalienable, inalienable property of the state, then how extracted minerals become marketable products). The historical basis of public legal property was things that, due to their natural properties, cannot be appropriated, physically possessed or documented ownership of them, as a result of which such things have always been considered as belonging to the whole society as a whole, to all its members. In the era of Roman law, these included “general” things - such as the sun, moon, stars, sunlight and moonlight, air, sea. Things of man-made origin that were in use by all members of society (public buildings, defensive facilities, religious buildings, etc.) were also withdrawn from civil circulation. Such things are inalienable, inalienable, they are not subject to the statute of limitations for possession, and they are not subject to seizure by court order. In later historical eras, with the emergence of political and legal concepts of public interest and social utility of property, withdrawals from civil circulation began to be carried out by law. These are either things that do not have a commercial nature (or are inseparable from the personality of their owner), or things that, although capable of commercial use, are withdrawn from circulation by the legislator due to public interest or public utility. Like things of common use, they are inalienable and inalienable, and the state itself, their owner, cannot freely dispose of them according to the norms of civil law. The Civil Code of the Russian Federation recognizes the category of things withdrawn from circulation, but calls them objects of civil rights. So, according to Art. 129, types of civil rights, the presence of which is not allowed in circulation (objects withdrawn from circulation), must be directly indicated in the law. The actual formation in the Russian Federation of categories of objects of inalienable and inalienable State. (“exclusive G.s.” or “public domain”) has been happening for a long time. First of all, categories of objects that under no circumstances can be subject to privatization are excluded from state privatization programs. There are especially many of them among objects that are exclusively federal property. In accordance with the legislation on the delimitation of G.s. objects. between the Russian Federation, its constituent entities and municipalities, objects of exclusive federal property include, firstly, objects that form the basis of the country’s national wealth (resources of the continental shelf, territorial waters and maritime economic zone of the Russian Federation, protected or specially used natural objects such as nature reserves, national natural parks, resorts, etc.), objects of historical, cultural and natural heritage and artistic values ​​of all-Russian significance; secondly, objects necessary to ensure the functioning of federal authorities and management and the solution of all-Russian problems; thirdly, defense production facilities; fourthly, objects of industries that ensure the vital activity of the Russian national economy as a whole and the development of its other industries. Another way of forming an integral and inalienable G.s. - establishment by legislation in an individual, nominal order of objects of cultural, scientific, historical and other public domain, not only of national (federal) significance, but also of republican, regional, regional, district significance. Municipal entities may also have in their property (see Municipal Property) objects of inalienable and inalienable municipal property. S. A. Sosna, E. N. Vasilyeva

Differences between state property and municipal property. Regulatory regulation of the use of state and municipal property.

State property - property owned by the Russian Federation (federal property), and property owned by constituent entities of the Russian Federation - republics, territories, regions, federal cities, autonomous regions, autonomous districts (property of a constituent entity of the Russian Federation). (Article 214 of the Civil Code of the Russian Federation).

Municipal property is property owned by right of ownership to urban and rural settlements, as well as other municipal entities (Article 215 of the Civil Code of the Russian Federation).

Compared to state property, municipal property is more narrowed in composition, since with its help, issues at the local level that are different from state ones are resolved. However, both state and municipal property have such a common feature as a focus on solving public rather than private interests.

If the state seizes property from a company for state and municipal needs, you need to pay attention to the conditions for calculating VAT in this case.

The rationale for this position is given below in the materials of the Glavbukh System

1. Civil Code of the Russian Federation.

“Article 125. The procedure for the participation of the Russian Federation, constituent entities of the Russian Federation, municipalities in relations regulated by civil law

1. On behalf of the Russian Federation and the constituent entities of the Russian Federation, public authorities may, through their actions, acquire and exercise property and personal non-property rights and obligations, and act in court, within the framework of their competence established by acts defining the status of these bodies.

2. On behalf of municipalities, by their actions, local government bodies may acquire and exercise the rights and obligations specified in paragraph 1 of this article within the framework of their competence established by acts defining the status of these bodies.

3. In cases and in the manner provided for by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation, regulatory acts of the constituent entities of the Russian Federation and municipalities, on their special instructions, state bodies, local government bodies, as well as legal entities may act on their behalf persons and citizens.

1. State property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of the subject Russian Federation).*

2. Land and other natural resources that are not owned by citizens, legal entities or municipalities are state property.

3. On behalf of the Russian Federation and the constituent entities of the Russian Federation, the rights of the owner are exercised by the bodies and persons specified in Article 125 of this Code.*

4. State-owned property is assigned to state enterprises and institutions for possession, use and disposal in accordance with this Code (Articles 294, 296).

Funds from the corresponding budget and other state property not assigned to state enterprises and institutions constitute the state treasury of the Russian Federation, the treasury of a republic within the Russian Federation, the treasury of a territory, region, federal city, autonomous region, autonomous district.

5. The classification of state property as federal property and as the property of constituent entities of the Russian Federation is carried out in the manner prescribed by law.

1. Property owned by the right of ownership to urban and rural settlements, as well as other municipal entities, is municipal property.*

2. On behalf of the municipality, the rights of the owner are exercised by local government bodies and the persons specified in Article 125 of this Code.

3. Property in municipal ownership is assigned to municipal enterprises and institutions for possession, use and disposal in accordance with this Code (Articles 294, 296).

Local budget funds and other municipal property not assigned to municipal enterprises and institutions constitute the municipal treasury of the corresponding urban, rural settlement or other municipal entity.”

2. COMMENTARY ON THE CIVIL CODE OF THE RF. PART ONE. EDITED BY DOCTOR OF LAW, PROFESSOR A.P. SERGEEVA

Article 214. Right of state property

1. State property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of the subject Russian Federation).

2. Land and other natural resources that are not owned by citizens, legal entities or municipalities are state property.

3. On behalf of the Russian Federation and the constituent entities of the Russian Federation, the rights of the owner are exercised by the bodies and persons specified in Article 125 of this Code.

4. State-owned property is assigned to state enterprises and institutions for possession, use and disposal in accordance with this Code (Articles 294, 296).

Funds from the corresponding budget and other state property not assigned to state enterprises and institutions constitute the state treasury of the Russian Federation, the treasury of a republic within the Russian Federation, the treasury of a territory, region, federal city, autonomous region, autonomous district.

5. The classification of state property as federal property and as the property of constituent entities of the Russian Federation is carried out in the manner prescribed by law.

_________________________

1. Point 1 comment. Art. defines the concept of state property in the Russian Federation. According to the Constitution and commentary. Art. State property in our country means two levels of state property: federal and constituent republics of the Russian Federation, territories, regions, federal cities, autonomous regions, autonomous districts. Thus, legislative norms that use the term “state property” should equally apply to both federal property and the property of constituent entities of the Russian Federation, unless otherwise specified.*

2. The list of federal property is not exhaustive: it can contain almost any property. At the same time, the range of property objects of the constituent entities of the Russian Federation is narrowed: by definition, it cannot include objects of exclusive federal property. The main types of objects related to the exclusive property of the Russian Federation are defined in Appendix No. 1 to the Resolution of the Supreme Council of the Russian Federation of December 27, 1991 No. 3020-I “On the division of state property in the Russian Federation into federal property, property of the republics within the Russian Federation, territories, regions, autonomous region, autonomous okrugs, cities of Moscow and St. Petersburg and municipal property" (with amendments and additions) (Vedomosti USSR. 1992. No. 3. Art. 89).

3. In art. Article 9 of the Constitution stipulates that land and other natural resources can be in private, state, municipal and other forms of ownership. In paragraph 2 of the comment. Art. a procedure has been formulated for determining the owner of land and other natural resources according to the residual principle: if these objects do not belong by right of ownership to citizens, legal entities or municipalities, they are recognized as state property. This procedure was developed in special legislation, including the Land Code, the Labor Code and the Water Code, the Law on Subsoil, and the Law on Production Sharing Agreements.

Despite the fact that the land plots, by virtue of paragraph 2 of the comment. Art. practically cannot be recognized as ownerless property, the application of this rule does not exclude the possibility of acquiring ownership of them due to acquisitive prescription (see commentary to Article 234 of the Civil Code). According to Art. 225 and 234 of the Civil Code, the right of ownership by virtue of acquisitive prescription can be acquired both for ownerless property and for property owned by another person (clause 17 of the Supreme Arbitration Court Resolution No. 8).

4. Point 3 comment. Art. determines the circle of bodies and persons exercising the rights of the owner on behalf of the Russian Federation and constituent entities of the Russian Federation, by reference to Art. 125 of the Civil Code (see comments to this article).

5. In paragraph 4 of the comment. Art. two types of state-owned property are defined: 1) property assigned to state-owned enterprises and institutions with the right of economic management and operational management (see Articles 113-115, 120, 294-300 of the Civil Code, Law on Unitary Enterprises, Law on autonomous institutions, Education Law); 2) other property (property constituting the treasury of the Russian Federation and the treasury of the constituent entities of the Russian Federation, including budget funds).*

The Russian Federation and its constituent entities are liable for their obligations only with the property that constitutes the corresponding state treasury. If there is insufficient budgetary funds, foreclosure may be applied to other treasury property (clause 12 of the resolution of the Supreme Court and Supreme Arbitration Court No. 6/8). Foreclosure on property assigned to unitary enterprises and institutions for debts of the Russian Federation and constituent entities of the Russian Federation is not allowed (see commentary to Article 126 of the Civil Code).

6. Point 5 comment. Art. clarifies the procedural features of delimiting the right of ownership of state property. To classify it as federal property and the property of constituent entities of the Russian Federation, a special law must be adopted. Pending the adoption of this law, the distinction is made on the basis of the already mentioned resolution of the Supreme Council of the Russian Federation of December 27, 1991 No. 3020-I.

Article 215. Right of municipal property

1. Property owned by the right of ownership to urban and rural settlements, as well as other municipal entities, is municipal property.

2. On behalf of the municipality, the rights of the owner are exercised by local government bodies and the persons specified in Article 125 of this Code.

3. Property in municipal ownership is assigned to municipal enterprises and institutions for possession, use and disposal in accordance with this Code (Articles 294, 296).

Local budget funds and other municipal property not assigned to municipal enterprises and institutions constitute the municipal treasury of the corresponding urban, rural settlement or other municipal entity.

_________________________

1. Municipal property is not part of state property (see commentary to Article 214 of the Civil Code), but is an independent form of ownership, which is guaranteed by Art. 8, 132, 133 of the Constitution. From Part 1 of Art. 130 of the Constitution it follows that the possession, use and disposal of municipal property as the powers of the owner are exercised on behalf of and in the interests of the population of the municipality.

Item 1 comment. Art. defines the concept of municipal property. The subjects of property rights can be municipalities: a city or rural settlement, a municipal district, a city district or the intracity territory of a city of federal significance (Clause 1, Article 2 of the Law on the Organization of Local Self-Government). Municipal property includes funds from the local budget, municipal extra-budgetary funds, property of local governments, as well as municipal lands and other natural resources, other property (Articles 50, 52 of this Law).

Compared to state property, municipal property is more narrowed in composition, since with its help, issues at the local level that are different from state ones are resolved. However, both state and municipal property have such a common feature as a focus on solving public rather than private interests.*

2. In paragraph 2 of the comment. Art. it is indicated who can exercise the rights of the owner on behalf of the municipality. This norm, like paragraph 3 of Art. 214 Civil Code, refers to Art. 125 Civil Code (see commentary to it). In addition, it is specified in Art. 51 of the Law on the Organization of Local Self-Government, according to which local government bodies, on behalf of the municipality, independently own, use and dispose of municipal property in accordance with the Constitution, federal laws and regulatory legal acts of local government bodies adopted in accordance with them.

3. Point 3 comment. Art. is devoted to municipal property assigned to municipal enterprises and institutions, and municipal property forming the municipal treasury. Municipal property, like state property, is assigned to unitary enterprises and institutions with the right of economic management and operational management (see commentary to Articles 294-298 of the Civil Code, Law on Unitary Enterprises, Law on Autonomous Institutions, Law on Education). The participation of local government bodies in the use of municipal property consists in the fact that they determine the goals, conditions and procedures for the activities of municipal enterprises and institutions, approve their charters, appoint and dismiss the heads of these enterprises and institutions, hear reports on their activities in in the manner prescribed by the charter of the municipality (Article 51 of the Law on the Organization of Local Self-Government).