All about tuning cars

Who manages federal property in the Russian Federation? Federal Agency for Federal Property Management. State property of the Russian Federation State property includes

State property consists of all property that belongs to the Russian Federation and its individual subjects by right of ownership.

State property has a number of features. such property is the state itself, and property management is concentrated in the jurisdiction of government bodies and specially authorized legal entities, as well as individuals.

The state entity may exercise the powers of the owner through the issuance of legal acts. So, the Russian Federation has the right of ownership to any property, including those withdrawn from circulation, and the constituent entities of the Russian Federation - to any property, except for that which belongs to the exclusive property of the Russian Federation.

State property can only be acquired in ways that are unique to the state (requisition, nationalization, compulsory seizure of property on a reimbursable basis, confiscation, taxes, etc.). State property is inherent in such a basis for the termination of this right as privatization (alienation of property from municipal and state property into private property of legal entities and citizens in accordance with the provisions of the law).

State property consists of two parts. The first is the distributed state property, by which it is necessary to understand the property of the state, assigned to unitary state-owned enterprises and institutions in the federal government or economic management. In this case, the property for disposal, use and possession are partially limited. The second includes unallocated state property, called the treasury.

The special position of state property is due to its very nature, which determines the existence of the state. The funds needed for public spending are acquired in various ways. The two main ones boil down to the following: the allocation of state property from the national property, the requirement from citizens to allocate part of their property to the state.

State property consists of different types of profitable property: land, industrial, etc.

The legislation calls objects of federal state property objects that are the property of the state; defense production facilities; objects that are necessary to ensure the activities of federal authorities and the solution of national tasks; objects on which life support depends National economy; other objects of strategic importance (pharmaceutical, biomedical, alcohol-producing enterprises).

According to the law, a number of objects belonging to federal property can be transferred to the ownership of individual constituent entities of the Russian Federation. These include large farms, health care institutions, institutions of public education, energy and nuclear engineering enterprises, research organizations, broadcasting and television enterprises, etc.

The protection of state property in the policy of the country is one of the most important factors in ensuring its economic independence and independence. The property system is aimed at creating powerful economic incentives for the rational organization of the use and further reproduction of state property. Today in Russia there is a problem of lack of responsibility for the effectiveness of the organization and control over the use, transformation and reproduction of state property.

According to article 214 of the Civil Code state property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by the constituent entities of the Russian Federation - (property of the constituent entity of the Russian Federation).

Since the Russian Federation is federal state, then there are 2 levels of state property management - federal and regional. The owner of state property is the Russian Federation and the constituent entities of the Russian Federation. And the subject of relations is the Government of the Russian Federation and the executive power subjects of the Russian Federation.

The federal body executive power exercising management functions federal property, the function of organizing the sale of the privatized federal property is the Federal Agency for State Property Management ( Rosimushchestvo) and the federal agency of real estate cadastre as part of the Ministry of Economy and Development of the Russian Federation ( Rosnedvizhimost), which is engaged in the registration of ownership and state cadastre... In the Krasnoyarsk Territory, these functions are performed by the State Property Management Agency Krasnoyarsk Territory as part of the Ministry of Economy and Regional Development of the Krasnoyarsk Territory.

State property is divided into two parts. One part is state-owned property, which is assigned to state enterprises and institutions in possession,use and disposition on business law and right operational management ... Another part is made up of funds from the corresponding budget and other state property not assigned to state enterprises and institutions, which are the state treasury of the Russian Federation or the treasury of the corresponding constituent entity of the Russian Federation.

State property is formed at the expense of state building, funds state budget and nationalization of private enterprises... Classification of state property to federal property and to the property of the constituent entities of the Russian Federation is carried out in the manner prescribed by law.

RF has exclusive right ownership of the following categories of property:

1. Objects of the natural component - water space, air space, subsoil, shelf zone, land, forests, etc .;

2. Objects of property related to defense - property of the Armed Forces of the Russian Federation and everything related to ensuring their activities;

3. Objects of sectors of the economy related to infrastructure and having federal significance ( railways, roads, power lines, oil pipelines, gas pipelines, etc.), and objects of a strategic nature (nuclear power plants, hydroelectric power plants, objects of the military-industrial complex, unique objects) - the private sector has the right to only 25% of the shares, since 25% + 1 voice is already a blocking package;


4. Objects of cultural and historical heritage - reserves, reserves, National parks, cultural monuments of general federal significance;

5. Other objects - subject federal registration air and sea vessels, inland navigation vessels, space objects(everything refers to real estate, since it has a home port); budget funds, shares, gold reserve,diamond and monetary funds; real estate abroad, which after the collapse of the USSR passed to the objects of state property of the Russian Federation (buildings of embassies, diplomatic corps, chambers of commerce, etc.) and other property.

RF has a monopoly on ownerless property... Besides, The Russian Federation has a monopoly on all types of land, except for agricultural land, land for settlements and land for sectors of the economy... According to article 9 Land Code, to the powers of the Russian Federation in the field land relations concerns the establishment of restrictions on the rights of owners land plots, land users, landowners, tenants of land plots, as well as restrictions on the turnover of land plots.

The property of the constituent entities of the Russian Federation is divided according to the subjects of jurisdiction. The subjects of the Russian Federation may own:

- budget funds;

- infrastructure of regional importance (heating mains, railways and car roads etc.);

- property necessary to ensure the activities of bodies state power subject of the Russian Federation;

- orphanages, hospitals, dispensaries, etc .;

- land plots that are not owned by the Russian Federation and municipalities;

- shares (for example, shares in TGK-13 owned by the Krasnoyarsk Territory);

- other property not under the exclusive jurisdiction of the Russian Federation.

Explain, please, what is the difference and the difference between federal and state property? and got the best answer

Answer from Baton [guru]
State property is property owned by federal and local authorities.
State-owned property is assigned to state-owned enterprises and institutions for the possession, use and disposal.
State property — in the USSR — is the property of a centralized state.
Federal property of the Russian Federation - property owned by the Russian Federation.
The first, as it were, includes both federal property and the property of a constituent entity of the Russian Federation:
Property of a constituent entity of the Russian Federation - in the Russian Federation - property owned by the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance, autonomous region, autonomous regions.

Answer from Serega baid[newbie]
The state property includes the federal and the property of the constituent entities of the Russian Federation, and the municipal property is not included in the state, since it is independent


Answer from 3 answers[guru]

Hey! Here is a selection of topics with answers to your question: Explain, please, what is the difference and the difference between federal and state property?

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 subdivided into federal and related to the subjects of the Russian Federation. At the same time, the law indicates that the land and others Natural resources that do not belong to individuals or municipalities automatically fall into the category of state property. Budgetary 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, which is enshrined in Article 130 of the Constitution of the Russian Federation.

Detailing of state property

Everything that relates to state property can be divided into several main types - these are:

  • natural resources and objects of historical and cultural heritage;
  • objects necessary for the implementation of the functioning of state authorities. These include the treasury, civilian enterprises, scientific institutions, military equipment, defense enterprises;
  • branch facilities necessary to support economic activities;
  • transport arteries of federal significance.

In order for some objects to move from state ownership to private ownership, it is necessary to privatize them, and for the reverse process associated with the transition private property into the state, it is necessary to carry out nationalization. In Russia, this process is regulated by Article 235 of the Civil Code, which points to federal law No. 499-FZ of December 31, 2014, detailing this process. However, the state has the right to expand its property by means of an ordinary redemption, which does not apply to nationalization and is carried out on the basis of purchase and sale agreements.

Important aspects of state ownership

In Russia, the equality of all participants is legally enshrined civil relations... No exceptions are made for the state in this regard. This is evidenced by 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 the property of the entire people. However, the process of reforming and dividing the rights and responsibilities of various entities continues.

Typically, state-owned enterprises are responsible only for their loan obligations. Their assets cannot be viewed as a way to cover the total government debt.

State property management

The presence of state property will certainly create a problem effective management... Currently, the main instrument of its implementation is the state corporation. The activities of some of these organizations are regulated by the law "On non-profit organizations”, However, its application is impossible in relation to a number of corporations, for example, the state corporation“ Rosatom ”acts 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 what area of ​​law the creation belongs to and the activities of state corporations remains controversial. Someone considers them to be legal entities public law, and someone claims the uniqueness of the legal status of such structures.

The processes of regulation of issues of state property management and investment in various projects of federal importance are constantly changing. The general budget deficit that has formed in recent years leads to the fact that a number of undertakings, especially those related to long-term investments, have to be abandoned. However, the main legal regulations, defining the concept of state property and the treasury in the past ten years have not had any major changes.

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

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

Municipal property - property owned by urban and rural settlements, as well as other municipalities (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, other issues of the local level are solved in comparison with state ones. However, both state and municipal property have such a common feature as a focus on solving public, not private interests.

If the state seizes property from the company for state and municipal needs, it is necessary 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 RF.

"Article 125. Procedure for the participation of the Russian Federation, constituent entities of the Russian Federation, municipalities in relations regulated by civil legislation

1. On behalf of the Russian Federation and the subjects of the Russian Federation, by their actions, they may acquire and exercise property and personal moral rights and the duty to appear in court for public authorities within the framework of their competence, established by acts that determine the status of these bodies.

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

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

1. State property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, an autonomous region, autonomous okrugs (property of a constituent entity Russian Federation).*

2. Land and other natural resources 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-owned enterprises and institutions for possession, use and disposal in accordance with this Code (Articles 294, 296).

The funds of 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 the republic within the Russian Federation, the treasury of the territory, region, city of federal significance, autonomous region, autonomous okrug.

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

1. Property owned by urban and rural settlements, as well as other municipalities, is municipal property. *

2. On behalf of municipality the rights of the owner are exercised by local self-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).

Funds local budget and other municipal property not assigned to municipal enterprises and institutions constitutes the municipal treasury of the corresponding urban, rural settlement or other municipal formation. "

2. COMMENTARY ON THE CIVIL CODE OF THE RF. PART ONE. EDITORIAL BY THE DOCTOR OF LEGAL SCIENCES, 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 the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, an autonomous region, autonomous okrugs (property of a constituent entity Russian Federation).

2. Land and other natural resources 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-owned 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 the republic within the Russian Federation, the treasury of the krai, oblast, federal city, autonomous oblast, autonomous okrug.

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

_________________________

1. Clause 1 comments. Art. defines the concept of state property in the Russian Federation. According to the Constitution and comments. Art. state property in our country means two levels of state property: federal and constituent entities of the Russian Federation of the republics within it, territories, regions, cities of federal significance, an autonomous region, autonomous regions... Thus, legal regulations where the term "state property" is used, should equally apply to both federal property and property of the constituent entities of the Russian Federation, unless otherwise specified. *

2. The list of objects of federal property is not exhaustive: it can contain practically any property. At the same time, the range of objects of property 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 Decree of the Supreme Council of the Russian Federation dated December 27, 1991 No. 3020-I "On the delimitation of state property in the Russian Federation into federal property, property of the republics within the Russian Federation, krais, oblasts, autonomous oblast, autonomous okrugs, cities of Moscow and St. Petersburg and municipal property ”(as amended and supplemented) (Vedomosti SSSR. 1992. No. 3. Art. 89).

3. In Art. 9 of the Constitution stipulates that land and other natural resources can be in private, state, municipal and other forms of ownership. In p. 2 comments. Art. the procedure for determining the owner of land and other natural resources was formulated on the basis of the residual principle: if these objects do not belong to citizens by right of ownership, legal entities or municipalities, they are recognized as state property. This procedure was developed in special legislation, including the LC, LC 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 comments. Art. practically cannot be recognized as ownerless property, the use of this rule does not exclude the possibility of acquiring ownership of them by virtue of acquisitive prescription (see comments to Art. 234 of the Civil Code). According to Art. 225 and 234 of the Civil Code, the ownership right by virtue of acquisitive prescription can be acquired both on ownerless property and to property owned by another person (clause 17 of the resolution of the Supreme Arbitration Court No. 8).

4. Clause 3 comments. Art. defines the range of bodies and persons exercising the rights of the owner on behalf of the Russian Federation and the constituent entities of the Russian Federation, by referring 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 on the basis of the right of economic management and operational management (see Articles 113-115, 120, 294-300 of the Civil Code, the Law on unitary enterprises, Law on autonomous institutions, Education Act); 2) other property (property that makes up 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 subjects are liable for their obligations only with the property that constitutes the corresponding state treasury. In case of insufficiency budget funds foreclosure can be levied on other property of the treasury (clause 12 of the resolution of the Armed Forces and the Supreme Arbitration Court No. 6/8). Levy of execution on property assigned to unitary enterprises and institutions for the debts of the Russian Federation and the constituent entities of the Russian Federation is not allowed (see the commentary to Art. 126 of the Civil Code).

6. Clause 5 comments. Art. clarifies procedural features delineation of ownership of state property. To classify it as federal property and property of the constituent entities of the Russian Federation, it is necessary to adopt a special law. Until the adoption of this law, the delimitation is carried out on the basis of the already mentioned resolution of the Supreme Soviet of the Russian Federation of December 27, 1991, No. 3020-I.

Article 215. Right of municipal property

1. Property owned by urban and rural settlements, as well as other municipalities, is municipal property.

2. On behalf of the municipality, the rights of the owner are exercised by local self-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 formation.

_________________________

1. Municipal property is not part of state property (see comments to Art. 214 of the Civil Code), but is independent form property, 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 carried out on behalf of and in the interests of the population of the municipality.

Item 1 comments Art. defines the concept of municipal property. The subjects of property rights can be municipalities: urban or rural settlement, municipal district, urban district or inner-city territory of a city of federal significance (clause 1 of article 2 of the Law on the organization of local self-government). The structure of municipal property includes funds from the local budget, municipal off-budget funds, property of local governments, as well as municipal lands and other natural resources, other property (Articles 50, 52 of the said Law).

Compared to state-owned, municipal property is more narrowed in composition, since with its help, other issues of the local level are solved in comparison with state issues. However, both state and municipal property have such a common feature as a focus on solving public, not private interests. *

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

3. Clause 3 comments. Art. dedicated to municipal property assigned to municipal enterprises and institutions, and municipal property that forms the municipal treasury. Municipal property, like state property, is assigned to unitary enterprises and institutions on the basis of the right of economic management and operational management (see comments to Art. 294-298 of the Civil Code, the Law on Unitary Enterprises, the Law on Autonomous Institutions, the Law on Education). Participation of local authorities in the course of use municipal property consists in the fact that they determine the goals, conditions and procedure 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 the manner prescribed by the charter of the municipal formation (Art. 51 of the Law on the Organization of Local Self-Government).