In paragraph 1 of Art. 212 of the Civil Code of the Russian Federation lists the main forms (types) of property recognized in the Russian Federation. Following Art. 8 of the Constitution it refers to private, state and municipal.
The form of ownership refers to legally regulated property relations that characterize the assignment of property to a specific owner by right of ownership.
The subject of property rights can be almost any subject of civil legal relations: from the state to private individuals. Restrictions regarding the acquisition of property rights may be established in relation to certain categories of entities if there are sufficient grounds.
Subjects of property rights
Subjects of property rights can be:
- individuals;
- legal entities;
- Russian Federation;
- subjects of the Russian Federation;
- municipalities.
Subjects of property rights can be divided:
- on private (citizens and legal entities) and public (Russian Federation, constituent entities of the Russian Federation and municipalities). In this case, the rule applies: everything that is not classified as public property is private;
- into natural ones - citizens and artificial ones - created by citizens. The latter include legal entities and public entities;
- on Russian, foreign and international . In accordance with paragraph. 4 paragraphs 1 art. 2 of the Civil Code of the Russian Federation, the rules established by civil legislation apply to relations involving foreign citizens, stateless persons and foreign legal entities, unless otherwise provided by federal law;
- full and limited opportunity to participate in civil circulation . Citizens have this opportunity when they become legally capable, i.e. upon reaching 18 years of age (Clause 1, Article 21 of the Civil Code of the Russian Federation), or before reaching this age, but in accordance with the law, married (Clause 2, Article 21 of the Civil Code of the Russian Federation), or emancipated (Article 27 of the Civil Code of the Russian Federation). As a rule, legal entities have general legal capacity from the moment of state registration.
The Civil Code of the Russian Federation formulates a common concept of property rights for all subjects and gives them equal powers. Thus implementing the principle of equality of subjects, the law provides them with an equal degree of protection (clause 4 of Article 212 of the Civil Code of the Russian Federation).
At the same time, restrictions regarding the acquisition of property rights may be established in relation to certain categories of entities. The law defines the types of property that can only be in state or municipal ownership (water supply facilities, roads, etc.). The law also establishes the specifics of the acquisition and termination of ownership of property, the specifics of ownership, use and disposal of it, depending on which entity - a citizen, a legal entity, the Russian Federation, a constituent entity of the Russian Federation or a municipal entity - owns it.
Thus, depending on the subject, the law determines the legal regime for the owner’s use of his powers. The same criterion underlies the identification of forms of ownership.
Russian forests were valued three times more expensive than oil
As a result, the government document leaves the solution to this issue at the discretion of the land owner. Thus, for the first time, the state monopoly on forest growing has been violated, says Greenpeace Russia expert Alexey Yaroshenko. The forest on settlement lands can still be private, the expert says, but its volumes are minimal and there is no possibility of selling the wood on an industrial scale.
Within two years from the date of entry into force of the resolution or from the date of registration of the right to the plot, the owners can send a notification of how they intend to use the forest to the regional Ministry of Agriculture, Rosselkhoznadzor and Rosreestr. In this case, the rule on recognizing agricultural land used for other purposes (50% of the territory is overgrown with forest) will not apply. Owners must comply with fire and sanitary safety rules, as well as forest maintenance rules, the government document says. At the same time, they do not need to draw up forest development projects, submit a forest declaration, or provide reports on the use, conservation, protection and reproduction of forests. Land owners must record, label, transport and declare transactions with timber “in accordance with the requirements of the forestry legislation of the Russian Federation.”
Ecologists conceptually support the document and call it “the first long-awaited step,” but point out the need for improvement. “Many questions arise when selling wood: how to enter it into the EGAIS system (Unified State Automated System for Accounting for Wood and Transactions with It. - Kommersant"
), what documents are needed for transportation and whether this will become a hole for the legalization of stolen timber in the system,” says Konstantin Kobyakov from WWF Russia.
Environmentalists do not rule out the emergence of unscrupulous users who will cut down the grown forest and abandon the land.
“But even if a private owner conducts forestry poorly, it will still be better than the current situation, when the forest is burned or plowed up,” says Mr. Kobyakov. The head of the Duma Committee on Natural Resources, Nikolai Nikolaev, indicates that the document will not work without additional orders from Rosleskhoz. He also does not exclude the possibility of disputes arising due to the fact that the document does not clearly assign ownership of the wood to the owners.
Greenpeace Russia also does not rule out conflicts over forests adjacent to settlements. This is usually agricultural land. “Someone will try to grab the forest and leave, such a problem still exists, but it will worsen and will need to be solved in the very near future,” says Alexey Yaroshenko. “First of all, this concerns the abandoned fields of former collective and state farms, they are now more than 40 years, in the understanding of the local population this is the most ordinary familiar forest. Therefore, we insist that there be a special procedure for such forests.”
Forms (types) of property rights
In Art. 212 of the Civil Code of the Russian Federation presents the division of types of property by subject, i.e. depending on who owns it. In other words, the form of ownership is determined by the range and nature of authorized entities. The following forms of ownership are distinguished:
1) private property - property of citizens and legal entities; 2) state property; 3) municipal property; 4) other forms of ownership.
It should be noted that the concepts of “forms of property rights” and “types of property rights” are usually identified.
By virtue of the law, citizens and legal entities can own any property, the quantity and value of which is not limited. The exception is certain types of property, which, in accordance with the law, cannot belong to private individuals (Clause 1 of Article 213 of the Civil Code of the Russian Federation).
Private property, i.e. The property of citizens and legal entities can equally be both individual and collective (common).
Private property of individuals . Private property, the subjects of which are citizens, is designed to serve exclusively their interests. A citizen, including an individual entrepreneur, is the owner of the property belonging to him and is responsible for all his obligations (Articles 24, 25 of the Civil Code of the Russian Federation). At the same time, certain types of his property, the list of which is given in Article 446 of the Code of Civil Procedure of the Russian Federation, cannot be recovered. In the event of the death of the owner - an individual, the property belonging to him by right of ownership passes by inheritance to his heirs by law or by will.
Private property of legal entities. Legal entities (commercial and non-profit organizations) are the owners of property transferred to them as contributions by their founders (participants, members), as well as property acquired by these legal entities for other reasons (clause 3 of Article 213 of the Civil Code of the Russian Federation). That is, the very fact of the formation of an organization indicates that its participants are endowed with certain property. An exception to this rule is provided by state and municipal enterprises and institutions, for which the state, a subject of the Russian Federation or a municipal entity remains the owner of the transferred property. In most cases, property is transferred to these entities on the basis of the right of operational management or economic management.
After the termination of the activities of a legal entity, the remaining property is subject to distribution among its participants in proportion to their shares.
Public and religious organizations (associations), charitable and other foundations are the owners of the property acquired by them, which is used by such entities exclusively to achieve the goals specified in the constituent documents (Clause 4 of Article 213 of the Civil Code of the Russian Federation). The founders (participants, members) of these organizations lose the right to property transferred by them into the ownership of the relevant organization. In the event of liquidation of a public or religious organization, its property remaining after satisfying the claims of creditors is used in accordance with the purposes for which it was founded.
State property is divided into two levels: 1) federal property includes property owned by the Russian Federation; 2) regional property includes property owned by subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of a subject of the Russian Federation) (Article 214 of the Civil Code of the Russian Federation). Land and other natural resources that are not owned by citizens, legal entities or municipalities are state property.
The state exercises its powers through a system of public authorities, each of which is endowed with its own competence. 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 Art. 125 of the Civil Code of the Russian Federation. State-owned property may be transferred under the right of operational management or economic management to state enterprises and institutions. State-owned property can be transferred to other legal entities, for example, on a lease basis, and in most cases we are talking about a long-term lease, which allows one to simultaneously transfer the responsibility to bear all expenses.
State property has specific grounds for its emergence and termination (nationalization, confiscation, privatization), and some types of property may be exclusively in state or municipal ownership.
Municipal property includes objects belonging to: 1) urban settlements; 2) rural settlements; 3) other municipalities (Article 215 of the Civil Code of the Russian Federation). Municipal property includes both movable and immovable property and belongs to the municipality, and powers are exercised by the relevant local government bodies. Property that is in municipal ownership may be assigned to the possession, use and disposal of municipal enterprises and institutions.
Thus, all bodies of the municipal formation, which are the representative and executive bodies, can act as subjects of municipal property rights.
Other forms of ownership . The concept of “other forms of ownership,” although used in the law, is not disclosed either in the Constitution or in the Civil Code of the Russian Federation. Based on the criterion of the subject of property, its other forms include property in the Russian Federation of foreign states and international organizations, which has the peculiarities of its regime due to international treaties concluded by the Russian Federation.
Myths about shared ownership of residential premises
Let's start from afar and first consider what property rights actually are.
In my opinion, the emergence of some housing conflicts occurs due to confusion of concepts of property.
It is necessary to distinguish between property as an economic category and as a property right.
Property as an economic category characterizes relations in society between citizens regarding material goods, these are things, cars and apartments.
These certain economic relations are subject to legal registration - for example, registration of property rights.
In a general sense, property law is a set of legal norms that establish and regulate relations regarding the appropriation and ownership of material goods to a certain person or persons, the exercise by the owner of the powers of ownership, use and disposal of a thing by his own will and in his own interest, regardless of other persons.
In a narrow sense, the right of ownership is the legally enforceable ability of the owner to own, use and dispose of the thing belonging to him.
Article 209 of the Civil Code of the Russian Federation establishes that the owner has the rights of ownership, use and disposal of the property.
Those. There are three independent rights - possession, use and disposal. Which only together constitute the right of ownership.
Possession is the legally secured ability of the owner to possess a thing, have it physically, and dominate over it.
Here we should not confuse the right of ownership and actual possession of a thing. The owner of a thing can transfer it into the possession of another person, for example, rent it out. Such ownership will also be legal, since it is based on a certain legal basis - title. Possession of a thing not based on a specific title should be considered illegal.
Use is a legally secured opportunity to extract its useful properties from a thing. The owner of a thing exercises the right to use the thing, taking into account its specific consumer properties. The owner of a thing can use it for his own interests. So, the owner lives in the residential premises that belong to him. The owner can transfer the thing for use to other persons. So, in accordance with Art. 30 of the Housing Code, the owner of a residential premises has the right to transfer it for use to other persons on the basis of a rental agreement, free use or on other legal grounds.
An order is a legally enforceable opportunity to determine the legal fate of a thing. The owner can exercise the power to dispose of a thing belonging to him by performing both legal and actual actions. Legally significant actions (legal acts) include the execution by the owner of transactions aimed at alienating a thing, such as, for example, purchase and sale, donation.
The right to dispose of a thing may also belong to the non-owner. So, in accordance with Art. 76 of the Housing Code, the tenant of a residential premises under a social tenancy agreement, with the consent of the landlord and family members living together with him, has the right to transfer it for temporary use under a sublease agreement. But the non-owner is never given the right to dispose of the thing in full.
The current legislation, having granted the owner these powers, also establishes the limits of their exercise . The limits of property rights are the boundaries established by law for the exercise of property rights.
For example, in accordance with Art. 30 of the Housing Code, the limits of the exercise of ownership of residential premises include the need to use it only for its intended purpose, the inadmissibility of mismanagement of residential premises, the need to respect the rights and legitimate interests of neighbors, the rules for the use of residential premises, the rules for maintaining the common property of the owners of premises in an apartment building.
Violations by the owner of the established boundaries of the exercise of property rights entail negative consequences for him, including sometimes in the form of forced termination of property rights (Articles 240, 241, 293 of the Civil Code of the Russian Federation).
And this moment is the second reason why housing conflicts arise - most owners remember their rights - to reside, to use, to dispose of. But they forget about boundaries. Use rights extend until the rights of other owners begin.
With the inclusion of residential premises in civil circulation, relations of common ownership in relation to residential premises increasingly arise: the overwhelming amount of state and municipal housing is privatized into the common property of the citizens living in them; very often apartments are inherited not to one, but to several citizens; Cases of joint acquisition of housing by citizens are widespread. In addition, as will be shown below, in the absence of a marriage contract, spouses, as a rule, have the right of common joint ownership of the purchased home.
Just like other objects of civil legal relations, residential premises can be in common ownership of citizens with the determination of the share of each owner in the right of ownership (shared ownership) or without determination of such shares (joint ownership).
According to the Civil Code of the Russian Federation, common property is assumed to be shared.
Possession and use of residential premises in common shared ownership are carried out by agreement of all co-owners , and in the absence of such an agreement are established by the court. If the parties reach an agreement, separate use of the residential premises is possible, regardless of the size of their share in the common property.
The disposal of property in shared ownership is carried out by agreement of all its participants (clause 1 of Article 246 of the Civil Code of the Russian Federation).
With this we will finish the theoretical part and move on to the practical one.
Many people believe that our legislation is like wood - what is written is what should be.
But if we open the civil or housing code and look more closely, then almost every article looks something like this: “it should be like this, like this and like this... unless otherwise established by law or agreement of the parties.”
Questions regarding shared ownership are no exception.
As I have already said, all questions regarding the disposal of ownership rights in an apartment that has several owners must be resolved with the consent of all co-owners. Those. The law directly states that with shared ownership, citizens must agree and find solutions on all issues. This applies to registration in residential premises, residence, use, etc.
If we want to dispose of and sell or exchange our share, we must first offer the other owners the preemptive right to buy out the share.
Let's look at real situations so that this theory can be applied to practice. Example:
The apartment is in shared ownership - ½ each - father and adult son. The mother is registered and lives in the apartment. After the divorce, the father filed a lawsuit to evict the woman and remove her from the register. The court satisfied the claims.
Why?
After all, the law establishes that family members of the owner have equal rights with him, the owner.
It would seem that they ceased to be spouses, but the woman remained the mother of the second owner.
The court followed this logic - the woman was moved into the apartment and registered there on the basis that she was a member of the man’s family, his wife. After the divorce, she ceased to be a member of his family.
In court, the son expressed his consent to his mother’s residence and registration, but the court rejected these arguments.
Because the move-in by the owner of a residential premises with members of his family and other citizens is the exercise of the right to use and dispose of the residential premises belonging to him, which, by virtue of the above-mentioned rule of law, requires the consent of all co-owners of this residential premises.
Father is against it.
So what, you can be mean like that and evict a person?
No. The court found that the woman owns an apartment that is quite suitable for living.
Therefore, the court considered it possible to evict and deregister the citizen from the disputed apartment.
This decision was upheld on appeal.
An example of the common property of spouses, which is assumed to be shared:
The married couple purchased an apartment and registered it in the husband's name. After a while, their marriage was dissolved. But they did not divide the property, there was no need, the ex-wife remained to live in the apartment, the man left.
After a while, he remarried and registered his wife in this apartment.
The ex-wife filed a claim to recognize the new wife as not having acquired the right to use the apartment and to remove her from the registration register. The right to use an apartment is interconnected with registration at the place of residence, with registration. Since the law obliges citizens to register at their place of residence. Those. If you have the right to reside, register. You cannot deregister and retain the right of residence. This does not apply to nomadic cases - lived here, lived there. Registration is carried out at the place of primary residence of the citizen.
The court satisfied the claims. Despite the fact that the ownership right in the Unified State Register of Real Estate is registered only in the name of the man, since the apartment was acquired during marriage, it is the common property of the spouses and in this case the consent of the ex-wife is also required.
And another very interesting example:
The man and his second wife lived in a one-room apartment. After the man's death, his second wife and adult son took over the inheritance. They became shared owners of ½ share in this apartment.
Apparently, their relationship was not good, since the son filed a claim to move into the apartment and considered it possible for himself and his family to move in. The woman filed a counterclaim - that this family did not acquire the rights to use the apartment and that all of them were deregistered.
The court granted the counterclaim, since it was established that the son’s family had another living space, where they lived all the years. But the size and layout of a one-room apartment do not allow such a number of people to live.
The court regarded the move-in claim as an abuse of his right by the son and denied his claim.
That is, the picture develops in such a way that with shared ownership, any actions must be carried out by agreement with all owners.
An exception is minor children of the shared owner. Children can be moved in and registered in the apartment only at the request of the parent owner.
In other cases, consent will be required.
One of the frequent manipulations is that if you don’t let us live here in peace, then I will rent out my room to visitors from neighboring countries and they will arrange a sweet life for you here.
Will not work. You can move someone in for a fee or free of charge only with the consent of all owners. Even if it's a family member.
And it seems that there is only one way out in such a situation - to go to court. But, as practice shows, the decision will not always be in your favor. Sometimes, a judicial act turns out to be very unexpected and very unpleasant.
And there is a solution for this problem!
As I wrote above, the civil and housing codes directly establish that all issues must be resolved by agreement between all owners.
It is almost impossible for people at the epicenter of the conflict to reach agreement on their own.
Therefore, the law provided for the Mediation Procedure. These are negotiations structured in a certain way, led by an impartial person - a mediator.
The mediation procedure allows people to relieve the intensity of emotions, understand and realize their needs, interests and desires, which ultimately allows them to find the necessary solution.
If we look at the file of court cases, we will see that on average one case is considered for about six months.
Negotiations take an average of 2 weeks, and as a result, the parties receive a document equal in legal force to a judicial act.
Any housing conflict has a solution. The question is: who will make this decision? Are you on your own or will you shift the responsibility to others?
Other types of property rights
Depending on the object content of the property right, the property right can be distinguished:
- on land and other natural resources (land property, forest property, etc.);
- residential premises (housing, communal property);
- buildings, structures, structures;
- property complexes (enterprises);
- movable property objects;
- intellectual objects, etc.
Scientists also point out that in theory, based on various grounds and scientific purposes, property rights can be classified into several types and subtypes. The criteria for such classification can be:
- functional (purpose) purpose of the property and economic activity of the owner (implementation of public or private functions);
- serving public or private interests;
- the nature of the appropriation of property;
- methods of using, disposing and managing property;
- features of the legal status of a public or private owner.
Kommersant found out what the authorities did after large-scale forest fires last year
“There are quite a lot of forested lands in municipal ownership, it’s easy to buy them from the administration, because they hang like dead weight and are not used,” says Konstantin Kobyakov. “Companies have long wanted this opportunity, because now everyone rents forest, and this way they will be able to get it into private property." Business representatives do not exclude this either.
The initiative can significantly replenish Russian forest reserves and increase employment, says Nikolai Ivanov, managing director for state development programs and forest policy at Segezha Group. “For the company, the decree means the opportunity to ensure plantation cultivation of target species on lands that are owned,” he says. “We will carefully study the opportunities in each region where the company’s assets are present. For deciduous trees, additional volumes of forest may appear within five to ten years, for coniferous timber - in a more distant future, but with the possibility of quick capitalization of the costs of acquiring and developing such lands.”
Anna Vasilyeva, Olga Mordyushenko
Varieties
Society cannot exist without any variety of personal or social material values. The question of how they are distributed is relevant for many.
The ownership of material assets is determined in compliance with legal requirements. The law recognizes the existence of equal management conditions based on various selection criteria. Therefore, it is required to know what types and organizational forms of ownership there are, what property relationships exist among organizations, what rules exist in the Russian Federation, to what extent they are recognized as correct in modern Russia and what features exist in the provisions of the Russian Federation.
A Russian citizen can have legal ownership in the Russian Federation and be protected by law in his rights to material assets on the basis of existing legal norms. The norms are subject to the form of ownership of a private individual or organization of a legal entity, be it an LLC, a representative office of a limited liability company, a joint stock company, a state federal company or another owner of an object or objects, which are by definition.
In this regard, the Civil Code of the Russian Federation classifies 4 types of property and identifies the main managers.
State
The copyright owner is the Russian Federation. All results of labor obtained during exploitation belong exclusively to the state.
An important role in the country’s economy means:
- The need for this type is due to those industries where private business cannot exist. This is, for example, the energy supply sector or railway transport.
- The state type is characteristic of the production of public goods. These are the most important areas that include the defense capability of the state.
- Enterprises that were nationalized during the period of economic restructuring are also included.
A distinctive feature is the form of losing to private ownership in relation to economic efficiency indicators. In the case of state ownership, the interest in control is lower.
Municipal
Based on Article 8 of the Constitution of the Russian Federation, the municipal type of ownership is characterized as an independent category and is not considered state-owned. This method of management is distinguished by a specific order of ownership. The right to dispose of property is given to self-government bodies, since this right is the result of the will and interests of the local population.
Municipal ownership is considered to be the ownership of urban property, rural property and ownership of other municipal entities. Municipal assets are taken into management on the basis of the procedure established in Part 2 of Article 125 of the Civil Code of the Russian Federation. According to the regulations, the right to dispose of structures is given to local officials. In some cases, the population receives this right.
Property of a local nature is targeted. This is the basis for its characteristic aspects, operational methods, and features.
Municipal type of ownership is required to solve the following problems:
- To quickly resolve issues at the regional level.
- To solve the problems set by the state and government to local authorities.
- So that local governments can fully function.
Private
The single individual private type of ownership, given the 3 types of ownership, additionally includes the partnership and corporate varieties, which together are inferior to the state form of ownership when it comes to determining the included types.
The type of management distinguishes two main types: individual and public. Each type corresponds to legally justified subcategories that have legal characteristics. Their detailed description is contained in the Civil Code of the Russian Federation.
In turn, the individual variety is divided into the following types:
- A type of unity when all benefits belong to a single citizen who has the right to attract hired workers.
- Type of partnership , characteristic of an association of individuals, for the purpose of conducting business activities, maintaining industrial relations, which corresponds to the type and form of ownership in Russia.
- Type of cooperative . Persons who sell free shares and create capital.
The main social species is characterized by several subspecies:
- Collective. When management rights are equally divided among employees.
- State. When a city or town owns the property.
- Nationwide. If the values belong to state residents. For example, museums or memorial sites.
- Combined. An entity created by combining different types of property.
It is also important to know about the joint and shared types of management available to each person. The Russian Federation recognizes various types of management, following the forms of ownership, including the property of an enterprise in Russia may belong to private individuals living in the Russian Federation, when it can be distributed among them in equal shares under equal conditions.
Public
The owner and manager is society, designated as a collective subject.
The municipal type of ownership, public and corporate represent the organizational and legal form for each type of property and when it concerns public property separately. This variety represents three types of property ownership:
- State. The internal activities of the country are indicated here. Carrying out nationalization, construction of buildings and structures using federal budget funds.
- Collective. Affiliation with public organizations, churches, parties.
- Municipal. The property is managed by local authorities.
Mixed form
A mixed or, in other words, joint form of ownership corresponds to combined rights; this largely determines its form of ownership.
To support certain activities of enterprises of various types, the state allocates resources to them. In such conditions of cooperation, the state and the enterprise receive their share of the profits.
We can also recall the housing issue. The forms of ownership of the housing stock are denoted by civil law, and if one is guided by this law, the legislation of the Russian Federation recognizes the following types of funds: private, state, municipal.
In the Russian Federation, the following types of land ownership are being implemented: state federal, state regional, municipal, private.
Main differences
The name of the legal form of ownership (state, private or legal entity) contains answers to questions, including what types there are according to the all-Russian classifier OKOPF, what is the difference with OKFS.
In all the stated provisions, differences between owners are seen. These differences are encrypted in codes. Each code according to the all-Russian classifier has its own number and together all codes represent a list of forms of ownership recorded in the Civil Code of the Russian Federation, which is access to data on a particular organization, for example, an LLC with the ability to be determined in the OKFS by TIN online.
Private, public, and state ownership of valuable and material assets are divided into opposite concepts. The peculiarities of state, municipal form (MAU) or private property in the Russian Federation can be found according to the legislation of the Russian Federation.
Accordingly, there are a lot of differences between the above concepts of legal ownership. The list of main differences includes:
- Freedom to own.
- Division of financial responsibility.
- The difference is in behavior control.
- Commensurability of interests.
- Target directions.
