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 in the territory of the post-Soviet space passed, respectively, to these countries. But the new regime provided for certain state restrictions on the ownership of its property. Part of the land was handed over to citizens. Thus, private property and public law entities appeared. Whose property is this? Learn from the article.
Value
One of the most important functions of the state is to ensure the satisfaction of the needs of society, since a person alone cannot do this. What does public property mean? This is a necessary element of social structure. State revenues are formed on its basis, without which the very existence of this institution is impossible.
Description
To better understand the economic component of this concept, we highlight the following characteristics:
- The property in question fulfills the tasks of realizing state interests by accumulating and redistributing part of the national income.
- It covers a market space that is not interesting for private property owners because of: high costs, low profits, significant risks, where successful production is not ensured, where activities are accompanied with large losses (or there is a risk of such) and threats to the existence of the whole society.
- Because of public interest, management is built taking into account the implementation of the main socio-economic interests.
- The dual nature of public ownership is revealed in a market and non-market nature. Therefore, the assessment of the success of the application of the relevant entities is based on socio-economic components, and not just on economic issues.
The concept
What does public law property mean? This concept includes the right of the country and its subjects to own, use and dispose of property. In the case of public property, the following restrictions are provided:
- The corresponding 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 order of use and individual cases should be reflected in regulatory enactments and be available for review to any persons.
- 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 of the authorities. In addition, under the Constitution, public property belongs to the whole of society as a whole, and not to certain government agencies and officials. The list of these restrictions is expanding or decreasing depending on the type of property.
Land rights
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 municipalities. This is important to understand, since the lands of both the federation and the regions belong to public ownership. But it is distinguished by its legal status. For example, lands related to state ownership are:
- Lands of protected areas.
- Border areas.
- Ways of national importance.
- Location of strategic minerals.
- Landfills with hazardous waste.
- Forest and water objects.
The remaining lands are municipal. The power structures of specific regions have the right to dispose of them.
Property of municipalities
Regions, as well as municipalities, have the right to themselves dispose of the property of public entities. The order is carried out in the framework of the Constitution and other laws of the country. Municipalities dispose of the following plots:
- Agricultural purpose.
- Settlements that do not belong to private individuals.
- Stock.
In order to safeguard 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:
- Nationalization.
- Confiscation.
- Requisitions.
Unlike other methods, confiscation is carried out only in the 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. Interfere in the processes occurring in other subjects, they are not entitled. Disputes arising are resolved through federal authorized bodies.
Differences between public and private property
The main feature of this type of property is the absence of certain persons who own land plots. According to the Constitution, public property belongs directly to the people. The benefits of its exploitation serve to fulfill the duties of the state to its citizens. It is precisely certain persons who have the right to dispose of private property. They can also use the benefits that are received as a result of the use of land.
Other differences between both types of property include:
- The type of property in question is not subject to tax, unlike private property.
- Public lands are not transferred to private individuals, except as otherwise provided by federal law. But private lands are transferred.
The property of public law entities cannot be transferred either to individual foreign citizens or to entire states, except for the lands where consulates and embassies are set up. The latter relate to the territory (political) of other countries. Private land may be sold to foreign nationals without restriction. Regulation of the form of ownership of the land is carried out through the application of Articles 15 and 16 of the Land Code.
The rights of individuals to public lands
When owning the property of public law entities of a site, private individuals receive certain benefits. For example, the profit that is derived from the commercial use of these allotments can be used to develop infrastructure, as well as protect the most vulnerable.
In addition to a positive impact on public life, private individuals themselves use the land. This is done under lease and privatization law. These rules apply to agricultural land, as well as territories of settlements. These leased land plots may be privatized in future in agreement with the local administration.
Land reserves are of special legal status. In this territory, provided to private individuals, tax and other benefits are established. Usually this is due to the fact that such lands are not well-groomed and are not suitable for use for any purpose. But the one who rents or privatizes them, is engaged in the arrangement of the territory. And this is beneficial for rational land use.
Order of use
Public ownership is not limited to use. The main security lies in directing the relevant results to public needs. But here the procedure for use is regulated by the norms of the Land Code. To obtain the appropriate right, they should follow these steps:
- Send an application for land for rent.
- Win an auction.
- Enter into a contract.
- Register it at Rosreestr. But even if the tenant does not, the administration will submit documents.
Land can be used according to the intended purpose. For example, public-law lands under private house ownership are acquired for the purpose of subsequent construction of a private house on them.
State and municipal ownership of housing
Above, we considered the corresponding property in the form of land plots. Now let us dwell a little on the question of housing. It may also belong to someone on the basis of state or municipal property. In the first case, the Russian Federation and the territories that are part of it (region, territory, republic) act as subjects of law. In the second case, this role belongs to the municipalities, which act as individual participants in property legal relations, with their public law status. The subjects of municipal ownership include rural and urban settlements, as well as other municipalities.
Benefits
The majority of people who use public property on the basis of a lease tend to quickly take ownership of it. However, it is not always worth rushing to do this. Using the example of a municipal apartment, we consider the advantages of housing owned by someone on the basis of a social rent contract. These include the following:
- No tax payments on real estate. Owners are charged a fee in the amount of 0.3 to 2% of the cadastral value of housing.
- The possibility of improving housing conditions. If the apartment does not meet the established standards, then in the future tenants 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 earthquake), then the state is obliged to provide other housing.
- It is just not possible to transfer the right to own a state apartment to another person. Therefore, fraudsters in this case remain powerless.
Ownership of public law objects was especially common during the Soviet Union. But today there are many residential buildings that belong to the state. As you can see, there are a number of advantages that housing provides under a social contract of employment.
disadvantages
Speaking about municipal housing, one can not fail to note the disadvantages as well. 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 minus is that there is a risk of deprivation of living space. If the tenant violates the law, then he has the right to evict without the possibility of providing other housing.
In the case of forced eviction of bona fide citizens, they are provided with other housing space. However, in the case of the owner, eviction cannot be carried out at all.
In order to gain full rights to an apartment, it must be privatized. But if the housing is emergency, then do not rush, because in this case nothing will be provided in return for it.
Conclusion
What does “public property ownership” 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 if there are appropriate 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 facilities. It has both advantages and disadvantages. Therefore, if it is possible to choose, a citizen can weigh the pros and cons in order to make the best decision for himself.