Property relations: law, regulation, examples

This article is a review that does not pretend to be fundamental, which can be briefly called "law and property relations." (As you understand, the non-disclosure of this topic requires two orders of magnitude more volume than the one we show our readers.) In accordance with the essence of the subject, our further discussions will concern certain strong-willed economic relations between the subjects of the Russian market. It should also be noted that it will be analyzed relations to property in their classical form, not taking into account neither the use nor the transfer of means of production.

Types of property relations

As is known, property relations are divided into two types:

• Evidence of ownership of a property to a legal entity;
• Concerning the transition from one legal entity to another.

The first group considers both the relationship to change the property of the owner or type of ownership, and temporary transfer to non-owners (for example, under a lease). The second group takes into account the relations generated by civil-law contracts, inheritance, and also the temporary form - enrichment unjustified in the legal field.

The legal regulation of the plurality of derived forms in society from the above two types is the essence of the subject of training "law and property relations."

And if you think in the context of the relationship of legal regulation and how the reasons for the dynamics of macroeconomics, and how with the consequence? It can be seen that it is property relations that characterize a certain type of distribution of goods, which is the economic essence of the state. The actual use of them in the interests of the whole society testifies to the developed democratic foundations. It is characteristic that the formation of property relations and their development take place in the legal field in a documentary manner, i.e., discretely (at the time of consolidating or changing the ownership regime for certain entities).

The property role of civil law

Characterizing property relations in general, not least, civil law should be mentioned. Because it is the central branch of jurisprudence that regulates them. What are property relations governed by civil law? Obviously, these include material goods of a commodity nature, but are they only? They are also equated with things that are known from Roman law as "non-corporeal". Examples of such res incorporates (non-corporeal things) are, for example, bank deposits and the results of work. At the same time, if the bank deposit has the nature of the right of claiming the depositor to the bank, then the work should be considered in the context of their product form.

Categories of property relations are inherent rather not even as legal as economic nature.

The leading role in the regulation of non-public interpersonal economic relations historically and functionally belongs to civil law. This is manifested in the fact that it (in certain cases) regulates both family and labor relations when the specific legal situation is not adequately worked out by the appropriate type of legislation.

Interrelation of property and non-property relations

Property relations, together with invariably arising non-property around them, in fact, are the subject and specialization of civil law. Let's talk about this in more detail.

Property and non-property relations coexist in close relationship with each other (it is a question of non-property relations mentioned in Part 1 of Article 2 of the Civil Code, regulated by copyright and license rights). In one case, neighboring rights are subject to legal protection, the essence of which is to protect the interests of the rightholders, provided they have the results of their intellectual activity. In the other, the license law, which is regulated by the Federal Law of 08.08.2001 "On licensing of various types of activities". As is known, through licensing, the state records and limits the number of economic players in certain sectors of the national economy. The federal licensing body is authorized to grant permission to carry out certain types of activities throughout the territory of Russia, regional, respectively, in the territory of the region.

Non-material relations as a result of contract law

Another group of intangible relations is generated by contract law. The interconnection of material and non-material relations in this case is not public, but more harmonious, since both property and non-property relations generated by them are based on the principles of autonomy of will, equality, independence of participants, and the contractual formulation of mutual obligations by them. Such legal relations correspond to the principles of private law, where individual entities - individuals, collectives, enterprises - conform their activities with the help of treaties concluded by equal parties.

It is characteristic that under private law relations both collectives and individuals are independent, independent and guided by their own interests. At the same time, legal mechanisms guarantee the simultaneous achievement of market goals by many entities. It is assumed that in the sphere of such property relations the direct influence of the state is limited or prohibited. Necessary conditions for the effective conduct of entrepreneurial, as well as corporate activities are qualitatively formulated and structured property relations. Therefore, civil law should keep pace with the times, support the principle of social justice, consumer interests, fair competition.

The subject is described in terms of publicity

In their considerable part, property relations go beyond the scope of civil law to the sphere of public law. This is a situation that is regulated by the power of one subject over another. For example, in the functioning of the financial and tax mechanisms of the state, the principle of subordination operates, and accordingly, equality of legal rights is not provided. For similar reasons, the management of public (for example, state) property falls out of the sphere of regulation by civil law.

At the state level, property relations are regulated by the relevant Federal Agency (in short, the Federal Property Agency) in conjunction with the rest of the executive vertical: regional ministries and primary divisions.

With a view of informational support of executive bodies of the regional authority concerning the state property managed by them under regional ministries of economy, a consolidated coded protected state property registry of the region is maintained. The same registry regulates the management and disposal of federal property, including land.

Regions: Ministry of Property Relations

The main activities of the Ministry of Property Relations, we can follow, taking as a basis for our reasoning its consolidated report, by the way, posted publicly. The economic nature of his activities is striking. For example, the Ministry of Property Relations of the Moscow Region, according to its annual report, performs such functions as:

• Maintenance of the register of federal property, including unitary enterprises, government institutions, business companies, real estate objects that make up the treasury.
• Registration of transfer of the right of the state ownership fixed on the right of economic management of the ministries, in the regional (city) property.
• Inventory of land plots in regional ownership, respectively, with the RF Law on the Land Code.
• Acquisition of property in the property area. At the same time, preference is given to profitable enterprises (for example, OJSC), potentially capable of making a profit.
• Optimizes accountable property relations, regulates the redistribution of profits to the regional budget.
• Transfers real estate between federal, regional and municipal property.
• Manages shares of authorized capitals of joint-stock companies that are in the ownership of the region.
• Supervises the regional unitary enterprises, state institutions.
• Transfers the objects of regional property to the tenants.
• Carries out the order and management of the land plots that are the property of the region.
• Approves and controls the implementation of the plan for the privatization of the property of the region.

As we can see, the Ministry of Property Relations of the Moscow Region is a very active economic player in the capital region. His activities are planned, consistent with the common policy of the state in the field of land and property relations.

Some idea about the dynamics of the work of this ministry and its statistics can be obtained from an interview given by its head - Andrei Vladimirovich Averkiev. He since 27.11.2012 - Minister of Property Relations of the Moscow Region. As follows from the interview, the main criterion of the effectiveness of the ministry in the global financial crisis is the achievement of stability in cooperation with the Moscow region government, primarily in the activities of the State Unitary Enterprise, in the construction complex, road works.

If, on the whole, in Russia, the structure of the relevant Federal agency (Rosimushchestvo) is meant, one can see that the rest of its territorial bodies act in a similar manner. That is, they are the executive bodies of state power and act accordingly to the decisions of the regional government.

Primary subdivisions of the Federal Agency for Federal Property Management

The primary territorial unit of the federal agency under consideration is the municipal department of property relations. it At the territorial level. A If we talk about large state property complexes, then this is a special territorial management of property relations. These units are based on the Order of the Ministry of Property of the Russian Federation No. 233 of 12.09.2002, respectively. Their objectives are:

• Ensuring the existence of a unified state policy for property management.
• Management and disposal of state property, assigned to a federal subject, in which, in fact, and created the territorial administration.
• Implementation of control and necessary regulation for the legal compliance of valuation activities.

Let us consider in more detail the municipal department of property relations from the point of view of its tasks in the sphere of municipal property management . It carries out analysis and control of regional processes on the basis of the received documents on the list of objects of state property (the corresponding registry is meant) and about the change in the status of the objects indicated in them. A special area of his activity is the control over the regional state unitary enterprises accountable to him (GUP). The department agrees their charters, fixes movable property, organizes their banking transactions, monitors their effectiveness, and transfers part of the profits to the local budget. Considerable place in the work of the department is occupied by planning, activity on preparation of contracts of sale and purchase of state property, organization of audit of state unitary enterprises. Also, this structural subdivision coordinates the management of land plots in state ownership.

Regulation of property relations by territorial departments is not carried out separately, it is carried out in close interaction with economic subdivisions of regional executive authorities. The territorial subdivisions of the Ministry of Property Relations have a double subordination to their ministry and regional executive vertical. Only in this way the maximum effectiveness of their activities is organizationally ensured.

Increase of efficiency of state property regulation

Naturally, the main mission of the state administration is effective property relations. Examples show that property is the decisive factor in stimulating economic growth. In this regard, special attention is paid to municipal property. As is known, it includes both property and finances of rural and urban settlements. This property can be intended for:

• Implementation of state municipal authorities;
• Performance of municipal employees;
• Solving problems related to the provision of municipal settlements.

The methodological basis for analyzing the efficiency of the use of state property is Law No. 131-FZ "On the Principles of Local Self-Government of the Russian Federation". Municipal property brings income, transferred to local budgets.

To achieve greater effectiveness, the above-mentioned law provides for what should be done if property relations are violated. The examples show: in case of non-compliance with the purposes of the municipal authorities mentioned in paragraphs 2-4 of Article 50 of the Federal Law 131, the property is alienated in other forms of ownership. The procedure and terms for passing this process are determined by another federal law - No. 178 "On the Privatization of State and Municipal Property".

It should also be noted that the emergence, implementation and termination of the municipal property right, as well as the accounting of property located in it, are also determined by art. 50 FZ 131. We will answer the question, what types of property is most often transferred to the municipal property. First, in the private (due to its purchasing nature and the ability to turn into capital). Secondly, in the state (because of its property to create for the public public interest a special favorable climate for the functioning and development of strategically important enterprises).

The demand for specialists in land and property relations

The modern economy of a society constantly connects its institutes and citizens with a various sort of the real estate. This is an extremely broad category, which includes land with various buildings and structures, and its subsoil. Effective inclusion of real estate in the economy of the country, their manageability through weighted economic, technical and managerial decisions is an activity requiring special qualification. The foregoing has conditioned the popular specialty "land and property relations" for the national economy. About its specifics can be judged by enumerating some subjects of training on this profile: valuation, technical inventory, financial and economic analysis of objects, construction economics.

The relevance of this specialty was facilitated by the adoption in 2008 of the Single Cadastre of land, as well as by state codes in the late 1990s. The national economy now feels the need for competent specialists of this profile.

Personal property

Another level of property relations is defined in civil law. It is noteworthy that before 1996, when the Civil and Family Codes were adopted, this level concerned personal and property relations. Personal property relations, thus, gained their modern interpretation due to the revival of private law theory in Russia. Personal property is usually referred to as individual property of a person (less often - a household). In this context, it usually refers to household property, things not related to production activities. Personal property, unlike a private property, is only acquired by a person, not making profit to him, which determines the unidirectional movement of his means. If private property directly stimulates and develops the market, then personal mediation creates a demand for its production. It is also believed that personal property relations contribute to the disclosure of some material shell of a person's personality, satisfying his needs.

This sphere of relations is peculiarly transformed by the institution of marriage, receiving its further interpretation in family law.

Property in Family Law

Accordingly, paragraph 1 of Art. 33 of the Family Code of the Russian Federation, the legal regime between spouses establishes a regime of joint (unbiased) property. Property relations of spouses are characterized by common property (joint ownership) and personal (separate).

Article 34 of the Family Code provides a list of what relates to the property of spouses, acquired by them in a joint marriage. Compound parts are joint incomes received by spouses in payment (for intellectual and entrepreneurial activity); Various types of social security funds; The movable and immovable property acquired for the total income received; Other, acquired in the name of any of the spouses.

Separate property of spouses includes:

• The property of each of them, acquired before marriage;
• Received during a marriage in a personal gift or inheritance;
• Objects of individual use (jewels and other luxuries do not belong to them).

Legal regulation of property relations of spouses assumes the division of their common property both during the marriage and at its dissolution (either immediately or within a period of up to three years after the divorce). It is carried out or according to a notarized agreement between them, or according to the ship's decision. Article 39 of the Family Code of the Russian Federation presupposes, with the sharing of joint property by default, equal shares of each of the spouses.

Conclusion

Society can not exist without property relations. They permeate many political, economic, legal aspects of modern life. Their implementation in the interests of further harmonization requires high qualification. The reason for such high criteria is the obvious feedback. The modern level of functioning of property relations generates certain life cycles of social systems with inherent dynamics of the development of the property resources of society. In turn, the development of these resources inevitably causes further improvement and optimization of the legal system of property relations.