After the collapse of the Soviet Union, all real estate located on the territory of the former RSFSR and present-day Russia went to our state. The property of other newly formed states on the territory of the post-Soviet space was transferred, respectively, to these countries. But the new regime provided for certain restrictions on the state's ownership of its property. Part of the land was transferred into the hands of citizens. Thus, appeared private property and public law entities. Whose property is this? Learn from the article.
One of the most important functions of the state is to ensure that the needs of society are met, since a person alone cannot do this. What does public property mean? It is a necessary element of the social structure. On its basis, state revenues are formed, without which the very existence of this institution is impossible.
To better understand the economic component of this concept, we highlightthe following specifications:
- The property in question carries out the tasks of realizing state interests by accumulating and redistributing part of the national income.
- Covers the market space, uninteresting to private property entities due to: high costs, low profits, significant risks, where successful production is not ensured, where activity is accompanied by large losses (or there is a risk of such) and threats to the existence of the whole society.
- Due to the public interest, management is built taking into account the implementation of the main socio-economic interests.
- The dual nature of public property is revealed in the market and non-market character. Therefore, the assessment of the success of the application of the relevant subjects is based on socio-economic components, and not only on economic moments.
What does public property mean? This concept includes the right of the country and its subjects to own, use and dispose of property. At the same time, in the case of public property, the following restrictions are provided:
- Relevant powers are not exercised in favor of certain citizens, except for social support for vulnerable categories.
- The resulting profit is used to cover the socio-economic interests of society.
- The procedure for use and individual cases should be reflected in the regulations and be available for review by any person.
- Only people authorized by the people and the laws dispose of this property.
As you can see, the restrictions are set in order to prevent abuse of power structures. In addition, according to the Constitution, public property belongs to the entire society, and not to certain state structures and officials. The list of these restrictions is expanded or reduced depending on the type of property in question.
The state is a system of government agencies. In the constituent entities of the Russian Federation, power is represented by regions. It also belongs to the municipalities. It is important to understand this, since the lands of both the federation and the regions belong to public property. But it has a different legal status. For example, state-owned lands are:
- SPNA lands.
- Border areas.
- Paths of national importance.
- Locations of strategic minerals.
- Repositories with hazardous waste.
- Forest and water bodies.
The rest of the land is municipal. They have the right to dispose of the power structures of specific regions.
Property of municipalities
Regions, as well as municipalities, have the right to dispose of the property of public entities. The order is carried out within the framework of the Constitution and other laws of the country. Municipalities manage the following allotments:
- Localities that are not privately owned.
To ensure the interests of society, in some cases, land may be withdrawn in order to be transferred to public ownership. This is done through the procedure:
Unlike other methods, confiscation is carried out only in case of illegal possession, established by the provisions of the Civil Code. The rights of municipalities regarding public land ownership are limited to the territories of these entities. They have no right to interfere in the processes taking place in other subjects. Appearing disputes are resolved through federal authorized instances.
Differences between public and private property
The main feature of the type of property under consideration is the absence of certain persons who own land plots. According to the Constitution, public property belongs directly to the people. The benefits from its exploitation serve to fulfill the obligations of the state to its citizens. Private property has the right to dispose of certain persons. They can also enjoy the benefits that are obtained as a result of using the land.
Other differences between both types of ownership include:
- The type of property in question is not subject to tax collection, unlike private property.
- Public lands are not transferred to private persons, except as providedfederal law. But private lands are being transferred.
The property of public legal entities cannot be transferred either to individual foreign citizens or to entire states, except for those lands where consulates and embassies are being set up. The latter refer to the (political) territory of other countries. Private lands can be sold to foreign citizens without restrictions. The regulation of the form of ownership of a plot of land is carried out through the application of articles 15 and 16 of the Land Code.
Private rights to public lands
When owning the property of the public law entities of the site, individuals receive certain benefits. For example, the profit that is received from the results of the commercial use of these plots can be used to develop infrastructure, as well as to protect the most vulnerable segments of the population.
In addition to the positive impact on public life, private individuals themselves use the respective lands. This is carried out by the right of lease and privatization. These rules apply to agricultural land, as well as the territories of settlements. These leased plots may be privatized in the future in agreement with the local administration.
Reserve lands have a special legal status. Tax and other benefits are established for this territory, provided to private individuals. This is usually due to the fact that such lands are not well maintained and are not suitable for use infor any purposes whatsoever. But the one who rents or privatizes them, is engaged in the arrangement of the territory. And this is beneficial for sustainable land use.
How to use
The right of public property is not limited to use. The main provision is to direct the corresponding results to public needs. But the order of use is regulated by the norms of the Land Code. To obtain the appropriate right, they should do the following:
- Submit an application for land lease.
- Win the auction.
- Conclude an agreement.
- Register it with Rosreestr. But even if the tenant does not do this, the administration will submit the documents.
The land can be used according to the designated purpose. For example, public law lands under individual housing construction are acquired for the purpose of subsequent construction of a private house on them.
State and municipal housing ownership
Above, we considered the corresponding property in the form of land plots. Let us now dwell a little on the question of housing. It can also belong to someone on the rights of state or municipal property. In the first case, the subjects of law are the Russian Federation and the territories that are part of it (region, territory, republic). In the second case, this role belongs to the municipalities, which act as separate participants in the propertylegal relations, with its public legal status. The subjects of municipal property include rural and urban settlements, as well as other municipalities.
The main part of persons using public property on the basis of a lease, tend to quickly register it as a property. However, it is not always necessary to rush to do this. Using the example of a municipal apartment, consider the advantages of housing owned by someone on the basis of a social tenancy agreement. These include the following:
- No real estate tax payments. Owners are charged a fee of 0.3 to 2% of the cadastral value of housing.
- The opportunity to improve living conditions. If the apartment does not meet the established standards, then in the future, residents will be able to get housing of a larger area.
- If the apartment is lost for reasons beyond the control of the tenant (for example, due to a fire or an earthquake), then the state is obliged to provide other housing.
- It is not possible to transfer the right to own a state-owned apartment to another person just like that. Therefore, scammers in this case remain powerless.
Property of public objects was especially common during the Soviet Union. But even today there are many residential buildings that belong to the state. As you can see, there are a number of benefits provided by housing provided under a social contract.
Speaking of public housing, there are also disadvantages. The apartments in question have two significant drawbacks. The first is the inability to sell, donate or inherit housing, since the state is the owner. Thus, it is it that controls the future fate of real estate. The second disadvantage is that there is a risk of deprivation of living space. If the tenant breaks the law, then he has the right to be evicted without the possibility of providing other housing.
In the case of forced eviction of conscientious citizens, they are provided with another living space. However, in the case of the owner, eviction cannot be carried out at all.
In order to acquire full rights to an apartment, it must be privatized. But if the housing is emergency, then you should not rush, as in this case nothing will be provided to replace it.
What does "property of public entities" mean? This is the same object of civil relations as private real estate. But in some cases, it serves as the subject of public relations. This is possible under the right political, social and economic conditions.
Public property has a number of restrictions that are aimed at preventing abuse by officials, as well as the rational use of land or other objects. It has both advantages and disadvantages. Therefore, given the opportunity to choose, a citizencan weigh the pros and cons to make the best decision for himself.