right of operative management of property as a theory was doctrinally grounded in the forties and fifties of the twentieth century.The development of this theory is the result of a search of a specific regulatory structure.It would allow the use of state property more effectively, while the state would remain the owner.
the operational management - it is a right that is assigned to government agencies and State-owned enterprises.The objects can be not only real estate, but also other things that are actors in the process of activity.The only exception is land.
the operational management of budgetary and autonomous institutions and enterprises applies only to state and municipal entities.At the same time, it legislated transfer case and private facilities.In this case we are talking about the formation of private institutions.The right of operational management also extends to the products, fruits and income from the use of fixed enterprise or institution objects.Their composition is determined according to the established order of the owner, and the cost is calculated in accordance with the Law on Appraisal Activity.
the operational management is established by federal law.The agreement between the owner and the legal entity is not a basis for changes in the order laid down by law.
the operational management includes powers under the order, use and possession.Targeted capacity is expressed in the fact that the content of the norms of the Civil Code is limited, federal acts, the Law on Enterprises.In addition, limiting and goals are, according to which the activities of the subjects, and the appointment of facilities, and the job owner.
Depending on the subject of the right to allocate the right to control the budget and private institutions, public enterprises and autonomous institutions.
government enterprise without the consent of the owner is allowed to use only products, services and works by providing them on a reimbursable basis to third parties.All other assets, including income from activities that can only be used after the owner's consent and within the limits under which the company carries out its statutory activities.
for private and budgetary institutions the right to operational management does not provide the powers of the order.Autonomous institutions are allowed to freely dispose of only movable property, not having the status of a "particularly valuable", as well as profits from their own activities.Especially valuable are called objects, the absence of which the implementation of statutory activities considerably difficult.The fact of belonging to this category of property is determined by the founder in the process of securing the property for an autonomous institution established by the Government of the Russian Federation order.
Authority in relation to certain types of objects that are outside of the Russian Federation (outside shares, securities, unit shares, real estate), established by the Government of the Russian Federation.
emergence of the right to operational management coincides with the transfer of property.The basis for the transfer of objects is considered to be a one-sided deal, which is made by the owner.The emergence of the rights, as well as its termination is registered by the relevant body.
Authority terminated in accordance with the laws in general.
