In legal literature recently, such concepts as "private and public property" are often used. Meanwhile, not everyone clearly understands the differences between them and often confuse them. Further in the article we will try to figure out what property is, what features public property has and how it can acquire such a status.
Terminology
Property is considered the central link in the modern economic system. It determines the goals of the functioning of the national economic complex, the method of interaction of workers and means of production, determines the structure of society, methods of distribution of goods, etc. Property relations affect the formation of other types of relations. They are recognized as systemic and fundamental.
What is property? The concept can be considered in 2 aspects. In the narrow sense, this is property that a subject can dispose of, use, own legally. In a broad sense, property is a social relationship related to the distribution / appropriation of goods.
Allocate legal and economic content of the property. The latter is based on the interaction between the subject - the legal owner of the property and the object - material values, goods.
The concept of public property
As you know, to possess, dispose and use the property can be any entity that has legal grounds for this. A private person can act as an owner. In this case, they talk about private property. All other material values are recognized as public property. This category should be distinguished from the concepts of "public place", "property of a public association", etc.
Currently, there is no single approach to the interpretation of the definition of "public property". It is generally accepted that everything that is not private is public.
Differences from individual (private) property
The differences between the two concepts are very significant. The main ones can be considered:
- The limits of freedom of tenure.
- Material liability.
- Control actions in relation to objects.
- Goals.
- Comparison of interests.
Freedom of law
It should be understood as the scope of powers of subjects in relation to public property. This freedom is expressed in the following. For example, a private individual has the right to sell his business, transfer it to the state cultural fund. If the subject acts as a co-owner of public property, he cannot give property to anyone. Moreover, he cannot refuse a share of participation until he leaves the relevant society.
Property liability
A private person has to bear all the costs associated with his property. A co-owner of public property is a less interested entity, he feels less responsibility. For example, there was a strong wind that broke glass in the house. An ordinary citizen will have to pay for the new glass himself. Do not embed it - not in the interests of the person. If the glass is broken in a public building, none of the members of the society will feel responsible for themselves. The decision to insert new glass will be made by the whole society or a specially authorized body.
The control
The private owner always wants to know about all the actions committed by the persons involved in relation to his property. Co-owners of public values are not so interested in this.
For example, some building is an object of collective ownership. For the repair, the foreman was chosen, who became involved manager. He, in turn, led the brigade to carry out the necessary work. For the quality control of repair activities, no member of the company is responsible. Accordingly, monitoring the progress of work is not carried out in full force. As a result, the repair may not be as high quality as if it were carried out by the same team, but in a private house.
Comparison of Interests
The private owner can choose what to produce, how to use his property, what to invest in it. For example, a citizen can plant a tree in his garden, because it is in his interests - he wants to harvest. Participants in collective ownership are not so interested in producing something for society, since such benefits are used to satisfy social needs.
As practice shows, co-owners of public property shift responsibility for some work to a particular participant. When the moment of sharing the benefits derived from work comes, all members of society become interested.
The goal of a private owner is to make personal profit or create comfortable conditions for himself. Public property is used for the good of society.
Forms
Public property happens:
- State.
- Municipal.
- Collective.
Municipal property is the property that is disposed, owned and used by municipalities. State material values may be:
- Federal.
- Regional.
Collective public property in Russia - churches, public associations, political parties, etc.
The emergence of state property
The property can go into the category of state with:
- Nationalization. It involves the alienation of property in favor of the Russian Federation.
- Construction on budgetary funds. For example, roads are public property.
- Acquisition of a controlling stake in securities of a private company.
The benefits of public ownership
One of the key advantages of collective property is the availability of natural (natural) resources and a wide selection of areas for their use. Many available resources are used to develop various industrial sectors. Moreover, when using any one means of production, several goals are realized at once. For example, the coal mining industry provides the creation of a large number of jobs, allows many consumers to use the resource, and the money received from the sale of products can be redirected to meet social needs or to another industry (for example, metallurgical enterprises).
Due to state public ownership there is a uniform distribution of benefits among citizens. For example, the FIU allocates part of the budget to finance pension provision.
Actual problems
One of them is considered today to ensure the effective management of public property. Often, due to the limited interests of officials, economic development is significantly slowed down. For example, a citizen holds the position of administrator in the state media. He is not particularly interested in introducing new technologies, since he will not receive personal profit from this. Of course, in order to save his salary and prevent the application of sanctions against him for the improper performance of duties, he will carry out the tasks.
The extent of the lack of public ownership is directly dependent on status. The more people responsible, the less individual responsibility.
For example, the building of the municipal preschool educational institution came into disrepair and was transferred to the demolition category. The head of the institution will wait for transfer to another kindergarten or will begin to look for work on their own. However, he will not care much about the fate of children. A completely different attitude to the problem will be if the kindergarten is private. Its owner will do everything possible to find a room, and will assure parents that the problem will be solved soon.
Ineffective management, unfortunately, is far from the only problem. There are frequent cases when officials use public property to satisfy their personal needs. Such actions cause significant damage to the economy.
Alienation of property from a private owner
It represents the transfer of rights to an object from the owner to the state or municipality. Alienation may be voluntary or compulsory.
In the second case, the regulatory basis of the procedure is selected depending on the type of property. For example, when alienating a building, the norms of the Civil Code, GrC and a number of other acts apply. If public ownership of land arises, the key legal document is the LC.