This article provides an overview of not applying for a fundamental nature, which can be briefly described as "the right and property relations."(As you can imagine, neobzornoe disclosure of the subject requires two orders of magnitude greater volume of presentation than the one that we demonstrate to our readers.) Consistent with the subject matter of fact, our further discussion will relate to certain volitional relations between economic entities of the Russian market.It should also be noted that it will be analyzed the relationship to property in their classic form, not taking into account any use or transfer of the means of production.
Types of Property Relations
As you know, property divided into two types:
- evidence of ownership of the property to a certain legal entities;
- concerning the authority initiating the transition from one to another.
first group sees as a change in attitude on the property of the owner or the type of the property and its temporary transfer to non-owners (eg lease agreement).The second group takes into account the relationships generated by civil law contracts, inheritance and temporal form - in the legal field unjustified enrichment.
Legal regulation sets arising in society, derivative forms of the above-mentioned two kinds of the subject matter of training the "right and property relations."
And if you think in line with the legal regulation of the relationship and how the dynamics of macroeconomic reasons, and as with the result?It can be seen that it is the property relations is characterized by a certain type of distribution of goods, constitutes the economic essence of the state.The actual use of them in the interests of the whole society shows the development of democratic principles.Characteristically, the emergence of property relations and their development taking place in the legal field of document, t. E. Discretely (at times to assign or change the ownership on certain subjects).
Property role of civil rights
Describing the property relations in general, not least to be mentioned civil law.Since it is a central branch of law that regulates them.What are the property relations regulated by civil law?Obviously, these include marketable wealth of character, but they?They also equate and things known even from Roman law as "non-skin."Examples of such res incorporates (non-skin-things) are, for example, bank deposits and the results of the work.Moreover, if a bank deposit of the nature of the right to demand of the depositor to the bank, then the work should be seen in the context of the commodity form.
categories of property relations peculiar to perhaps even not as legal as the economic nature.
leading role in the regulation of non-public economic interpersonal relations historically and functionally belongs to the civil law.This is manifested in the fact that it is (in certain cases) regulates and family, and labor relations at the lack of elaboration of the specific legal situation of the respective type of legislation.
relationship property and non-property relations
Property relations, together with the constantly occurring around them non-property, in fact, are the subject of specialization, and civil law.We'll talk more about that.
economic and moral attitudes coexist in close relationship with each other (it is a non-property relations, mentioned in para. 1 of Article 2 of the Civil Code, regulated and licensed by the copyright law).In one case the legal protection shall be subject to related rights, the essence of which - in the protection of the interests of rights holders if they have the results of their intellectual activity.In another - a licensing law, which is governed by the Federal Law of 08.08.2001, "On licensing various types of activities".As is known, by licensing the state produces records and limit the number of economic actors in certain sectors of the economy.Federal licensing authority entitled to grant authorization to carry out certain activities throughout the territory of Russia, regional, respectively, in the region.
Intangible relationships as a result of contract law
Another group of intangible relations generated by contract law.The relationship of tangible and intangible relations in this case are not public, but more harmonious, as both property and non-property relations generated by them are based on the principles of autonomy of the will, equality, autonomy of participants, contractual formulation of mutual obligations.Such relationship with the principles of private law, where the individual actors - individual, groups, companies - realized its activities by means of agreements concluded by equal parties.
typical that in private law relations both groups and separate individuals are independent, autonomous and guided by their own interests.This legal mechanisms ensure simultaneous achievement of the objectives of market many subjects.It is assumed that in the sphere of property relations of the direct influence of the state is limited or prohibited.The conditions necessary for the effective conduct of business and corporate activities are qualitatively formulated and structured property relations.Therefore, civil law must keep pace with the times, maintain the principle of social justice, consumer interests and fair competition.
describes in terms of publicity
In its considerable part of the property relations are outside the scope of civil law on the rights of the public.We are talking about a situation regulated by governmental authority of one subject over another.For example, if the functioning of financial and tax mechanisms of the state, the principle of subordination and, accordingly, does not provide equal legal rights.For similar reasons, the scope of regulation of civil law falls relations management in public (eg, public) property.
At the level of state property relations governed by the relevant federal agency (abbreviated - Agency) together with the rest of the executive vertical of: primary regional ministries and departments.
In order to inform the executive bodies of regional authorities with respect to manage state-owned property in the regional ministries of the economy is being consolidated coded secure registry of state property in the area.The same registry regulated by the management and disposal of federal property, including the land fund.
Regions: the activities of the Ministry of Property Relations
main activities of the Ministry of Property Relations we can follow, based on our discussion of its synthesis report, by the way, posted publicly.One is struck by the economic nature of its activities.For example, the Ministry of Property Relations of the Moscow region, according to its annual report, performs functions such as:
- The register of federal property, including unitary enterprises, government agencies, business companies, real estate, components of the treasury.
- registration of transfer of state property attached to the right to run the ministries, the regional (municipal) property.
- inventory of land, staying in the regional property according to the Law of the Land Code of the Russian Federation.
- acquisition in the area of property ownership.This preference to profitable enterprises (JSC), with the potential to make a profit.
- Optimizes accountable property relations, regulate the redistribution of income to the regional budget.
- Passes properties between the federal, provincial and municipal property.
- Controls stock company's authorized capital owned by the region.
- Supervises regional unitary enterprises and state institutions.
- transferred to the lessee of the property of the regional facilities.
- Provides management and administration of land is the property of the field.
- Approves and monitors the implementation of the privatization plan of the property area.
As you can see, the Ministry of Property Relations of the Moscow area is a very active player in the economic capital of the region.Its activities are planned, corresponding to a single state policy in the field of land and property relations.
some idea about the dynamics of the work of the ministry and its statistics can be obtained from an interview given by its head - Andrei Vladimirovich Averkiyeva.He 27.11.2012, the - Minister of Property Relations of the Moscow Region.As the interview, the main criterion for the efficiency of the Ministry of the global financial crisis is to achieve, in cooperation with the Government of the Moscow region of stability in the first place - in the activities of state unitary enterprises, in the construction industry, road works.
If we take in the whole structure of the corresponding Russian Federal Agency (meaning Agency), we can see that the rest of its territorial bodies operate in a similar way.That is, they are the executive bodies of state power and act accordingly regulations of the regional government.
Primary division Rosimushchestva
primary territorial link before us is a municipal agency of the federal Department of Property Relations.It at the territorial level.A when it comes to large state property complex, it is special territorial department of property relations.These units are based, respectively, the Order of Property of Russian Federation N 233 dated 12.09.2002 The objectives of their activities are:
- Ensuring the availability of a unified state policy of asset management.
- management and disposal of state property, assigned to the federal entity in which, in fact, created by the territorial administration.
- monitoring and regulation required for legal compliance appraisal activities.
consider in detail the municipal department of property relations from the perspective of his tasks in the management of municipal property.It carries out the analysis and control of regional processes on the basis of documents received on a list of objects of state property (referring to the relevant register) and to change the status of objects contained therein.A special area of its activity is accountable to his control over the regional state unitary enterprises (GUPami).Department approves their charters, secures personal property, arrange for their banking transactions, monitors their performance, as well as the transfer of part of the profits to the local budget.Significant place in the department is planning activities for the preparation of contracts of sale of government property, the organization of the audit of state unitary enterprises.Also, this structural division of coordinated management of land, is in state ownership.
regulation of property relations of territorial administrations are not performed in isolation, it is carried out in close cooperation with the economic departments of the regional executive.The territorial units of the Ministry of Property Relations have double submission - its ministries and regional executive vertical.Only in this way provides maximum organizational efficiency of their activities.
improve the management of state property
Naturally, the main mission of public administration - effective property relations.Examples show that the decisive factor in stimulating economic growth is a property.In this regard, special attention is paid municipal property.As is well known, it includes both the property and finances of rural and urban settlements.This property can be designed to:
- implementation of municipal government authorities;
- performance of municipal employees;
- solving problems relating to the provision of municipal settlements.
methodological basis for the analysis of the efficiency of use of state property is the Law № 131-FZ "On the Principles of Local Self-Government of the Russian Federation."Municipal property generates income are transferred to the local budgets.
To achieve greater efficiency above the law provides that you should do if violated property relations.Examples of evidence: in the case of non-municipal purposes referred to in paragraphs 2-4 of Article 50 of Law 131, the property is alienated in other forms of ownership.The procedure and timeframe for completion of this process is determined by other federal laws - № 178 "On privatization of state and municipal property."
should also be noted that the emergence, implementation and termination of the right of municipal property, as well as the accounting for property located in it, as determined by Art.FL 50 131. Answers to the question, in what types of property often becomes municipal.Firstly, the private (due to its nature of an acquisition and the ability to be converted into capital).Second, the state (because of its properties in order to create public public interest special favorable climate for the operation and development of strategically important enterprises).
demand for specialists in land and property relations
modern economy society permanently binds its institutions and citizens with different kind of real estate.It is - extremely broad category to which the land and various buildings and structures, and its subsoil.Effective inclusion of real estate in the country's economy, handling them through sound economic, technical and administrative decisions is an activity that requires special skills.The above led to the national economy demanded specialties "land and property relations."About the specifics of it can be judged by listing some items on the training profile: evaluation works, technical inventory, financial and economic analysis of objects construction industry.
relevance of the profession contributed to the adoption in 2008 of a single inventory of land, and at the end of the 90s - the state codes.The national economy is now feeling the need for competent professionals in this profile.
Another level is determined by the property relations in civil law.It is noteworthy that until 1996, when they were taken by Individual and Family Code, the level is about personal and property relations.Personal property relations thus acquired its modern interpretation thanks to the revival in the Russian theory of private law.For personal property is usually referred individual property rights (at least - a household).In this context, it is usually a question of domestic property, things not related to production activities.Personal property, as opposed to private, a person is acquired, not giving him profits, which leads to a unidirectional movement of his funds.If private property directly stimulates and develops the market, personal indirectly create demand for their production.It is also assumed that private property relations contribute to the disclosure of some of the real identity of the person shell to meet its needs.