Management of municipal property in the municipality. Municipal property management

According to Art. 29 of the law "On general principles organizations local government in the RF" See: SZ RF, 1995, N 35, art. 3506. Local self-government bodies manage municipal property. "The rights of the owner in relation to property that is part of municipal property, on behalf of the municipality, are exercised by local governments, and in cases provided for by the laws of the constituent entities of the Russian Federation and the charters of municipalities, by the population directly."

Municipal property may be kindergartens, specialized schools, clubs, cultural centers, libraries, healthcare enterprises and organizations, heating, water supply, sewerage, irrigation, gas networks, streets, squares, recreation areas, bridges, other structures of local importance located on the territory of the municipality. , as well as residential buildings, apartments, non-residential areas, administrative buildings, educational, cultural, sports and other facilities and structures, enterprises, organizations, vehicles, other immovable and movable property. Cemeteries may also be the property of urban and rural municipalities.

The list of property of municipal property by municipalities is established by the Government.

There are four main ways of running a municipal economy:

1. direct control;

2. municipal contracting system;

3. municipal lease system;

4. municipal concession.

Direct control.

Under direct management, municipalities directly manage municipal enterprises and municipal institutions.

The Civil Code provides for the creation of municipal enterprises in the form of unitary enterprises who are not endowed with the right of ownership to the property assigned to them by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. Unitary enterprises may be based on the right of economic management or operational management. But only federal state-owned enterprises are created on the basis of the right of operational management, so municipal unitary enterprises can be based on the right of economic management.

Ownership, use and disposal of property owned by the right of economic management is limited by the right of control by the owner (municipal formation represented by local self-government bodies) over the intended use and safety of the property belonging to the enterprise. As well as the right of the owner to receive part of the profit from the use of property under the economic jurisdiction of the enterprise he created and a ban on disposing of property without the consent of the owner.

Local self-government bodies have the right to create municipal institutions and assign to them property that is in municipal ownership.

According to Article 296 Civil Code Russian Federation the property belongs to the institution on the right of operational management. In this regard, the owner of the property has the right to seize excess, unused or misused property and dispose of it at his own discretion.

The advantages of creating a municipal unitary enterprise are receiving income in the long run in the form of deductions from net profit and fees for the use of municipal property, the possibility of solving problems of social economic development territory.

Also, within the framework of this method of management, municipalities can act as the founder of economic companies.

The main criteria for choosing one or another form of property use is the significance of the object for solving local issues and the effectiveness of various forms of use from the point of view of the owner See: Markvart E., Savranskaya O., Starodubskaya I., Recommendations for the formation of economic and financial fundamentals MSU / E / Under the general editorship of E. Markvart.- M., 2004 ..

The right of economic management is used to designate the scope of property rights of a unitary enterprise to the state or municipal property assigned to it (Article 294 of the Civil Code). In terms of its structure, it is a “cast” (or, in the words of E.A. Sukhanov, a prototype) of the right of ownership, since its content includes the same powers of possession, use and disposal. Everything, as before, comes down to the limits of the exercise of these powers, the methods of their emergence and termination, as well as to rights in rem retained by the owner.

The municipal unitary enterprise, which owns the property on the right of economic management, owns, uses and disposes of this property within the limits determined in accordance with the Civil Code of the Russian Federation (Article 294). General restrictions the powers of a unitary concrete enterprise to own, use and dispose of municipal property are determined by the subject and goals of its activities, enshrined in the charter.

A feature of the legal status of an institution is the possibility for it to carry out “income-generating” (i.e. entrepreneurial) activities in accordance with founding documents, i.e. with the permission of the owner enshrined in them. The right of operational management does not cover such a situation.

Municipal contracting system.

Under the municipal contracting system, construction and implementation certain functions is not conducted by municipal services, but by private contractors temporarily hired on a competitive basis, receiving a share of the profits. The contracting system plays a very important role in modern municipal farms, but its effective application requires adherence to certain principles and rules, a strict system of accounting and control.

In the Russian Federation, this method is regulated by the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" See: Federal Law of July 21, 2005 No. 94-FZ / / Collection of legislation of the Russian Federation of October 22, 2007, Russian newspaper No. 237 dated October 24, 2007.

The next form of disposal of municipal property is the leasing of municipal property.

It is used not for the purpose of saving local governments from the costs of operating property, but only if it is impossible to dispose of municipal property in a more profitable way.

Municipal property is leased to private individuals for a fixed period. At the same time, the municipality, for the duration of the lease, completely waives the income received from the use of the leased property in exchange for fixed payments regularly paid by the tenant. The tenant is usually engaged in activities not related to the execution of commissions local authorities authorities to address certain issues of local importance, which reduces the possibility of municipal regulation.

municipal concession.

It represents a concession by the municipality for a certain period and on contractual terms to a private economic entity of the right to arrange and run a household in a certain area of ​​activity. In fact, the use of such a system means the inability of the municipality to manage one or another part of the local economy.

On the issue of the application of the concession mechanism, the literature describes two experiences in the application of the concession mechanism.

In the first case, experts note that with concessions, about 50% of the profits received as a result of the organization's activities are transferred from public to private hands. At the same time, the concession operation of generally useful enterprises most often does not ensure either the interests of consumers (high tariffs) or the interests of employees of such enterprises (minimum wages).

Local authorities find themselves bound by a contract for many years to come and cannot refuse unprofitable concession contracts. As a rule, local authorities do not have real tools to fight against large external, especially foreign, concessionaires.

Supporters of such a system are exclusively representatives of private business. The concession of municipal property, the construction of municipal facilities, the operation of buildings is not economically efficient and is of little use in the practice of the municipal economy See: Utkin E.A., Denisov A.F. "State and municipal management" - M .: Association of authors and publishers "Tandem" Publishing house "Ekmos", 2001 - P. 304 ..

Introduction

The Russian Federation recognizes private, state, municipal and other forms of ownership.

The property may be owned by citizens and legal entities, as well as the Russian Federation, subjects of the Russian Federation, municipalities.

municipal property- This Property Complex municipal formation, which includes land, movable and immovable property. The category "real estate" includes residential and non-residential stock, utility networks, various kinds of structures, and so on.

The disposal of municipal property on behalf of the municipality is carried out by local self-government bodies within their competence.

The purpose of the work is to study the activities of local governments in the management of municipal property: their competence, management practice and performance. To reach the goal graduation project it is necessary to solve the following tasks:

consider the concept and composition of municipal property;

establish the powers of the authorities and officials local self-government in the field of municipal property management;

to consider the features and problems in the management of municipal property.

The subject of the work is managerial relations regarding municipal property. The object of research is the municipal property management system.

The theoretical basis was the works of domestic and foreign authors devoted to this topic.

1. The concept and composition of municipal property

Municipal property acts as a kind of economic basis for the normal functioning of the local self-government system in the constituent entities of the Russian Federation. Its management should be carried out exclusively within the framework of the legislation of Russia.

Municipal property is one of the types of property in Russia, which is protected by laws on a par with state or private property. The legislation of the Russian Federation assumes that municipalities have property, through the exploitation of which local self-government receives stable cash injections into the treasury of the subject. True, the types of property that may be in the possession of a local government are strictly limited by the Federal Law "On the General Principles of Local Self-Government in the Russian Federation." Only a local self-government body can act as the sole legal owner and manager of such property.

According to the purpose of their purpose, the property belonging to the municipality can be divided into:

Property that allows you to engage in the provision of services and the production of goods for the population, as well as to make a profit in any other way not prohibited by law.

Property held for other purposes. For example - for the normal functioning of the local government.

The specific composition of municipal movable and immovable property, established by the Federal Law of 2003 (with subsequent changes and additions), is presented in Table. 1.

Table 1. Composition of movable and immovable municipal property

Types of propertySettlementsMunicipal districtsProperty intended for electricity, heat, gas and water supply, sewerage, fuel supply to the population, street lighting (for a municipal district only for electricity and gas supply within its boundaries)++ Highways common use, bridges and other transport engineering structures (with the exception of objects of federal and regional significance), as well as property intended for their maintenance settlements Between settlementsHousing stock social services for low-income citizens, as well as property necessary for its maintenance ++ Passenger transport and other property intended for transport service of the populationWithin the boundaries of the settlementBetween the settlementsProperty intended for the prevention and elimination of consequences emergencies++Objects, as well as fire equipment and equipment designed to provide primary measures to extinguish fires+-Libraries (for the municipal area - inter-settlement libraries and collectors)++Property intended for organizing leisure and providing residents with the services of cultural organizations+-Cultural objects heritage (monuments of history and culture) of local importance + - Property intended for the development of mass physical education and sports + -Property intended for the organization of landscaping and gardening of the territory, including for the arrangement of public places and mass recreation + -Property intended for the collection and removal of household waste and garbage (for municipal districts- for the disposal and processing of household and industrial waste) ++ Property intended for the organization ritual services and maintenance of burial sites (for a municipal district - only inter-settlement burial sites) ++ Property intended for the official publication (promulgation) of municipal legal acts, other official information++Property intended for organizing the implementation of environmental control-+Property intended for organizing the protection of public order by the municipal police-+Property intended for providing preschool and school, additional education, organization of recreation for children during the holidays - + Property for the provision of an ambulance medical care, primary health care in outpatient clinics and hospitals, medical care for women during pregnancy, during and after childbirth - + Archival funds, including the cadastre of land management and urban planning documentation, as well as property intended for storage of these funds ++ Property intended for creation , development and protection of health-improving areas and resorts of local importance++

Modern changes in legislation are aimed at limiting the list of property that may be in municipal ownership, to exclude from it objects used for commercial purposes (to replenish budget revenues). In particular, the existence of municipal banks and other financial and credit institutions mentioned in the 1995 Federal Law is not provided for. One part of the movable and immovable property that is in municipal ownership is transferred to the management of municipal enterprises and institutions, the other part is part of the municipal treasury. According to the Civil Code of the Russian Federation, the municipal treasury consists of local budget funds and property not assigned to municipal enterprises and institutions. Effective management of municipal property ensures the quality of municipal services.

The regulatory framework for the management of municipal property consists of federal and regional laws. On issues related to the powers of local self-government, the representative bodies of local self-government adopt municipal legal acts (regulations).

Local self-government bodies are obliged to keep records of the presence and changes in the composition of municipal property. For this purpose, a register of municipal property is maintained, which is information system, built on a single classification for the whole country, methodological basis and software base. To organize the accounting and management of municipal property, a property management committee or other body is usually created in the structure of the local administration.

2. Powers of bodies and officials of local self-government in the field of municipal property management

Local self-government bodies may carry out purchase and sale, exchange, donation, lease operations with objects of municipal property. The choice of the method of use is carried out on the basis of the goals and objectives of the development of the municipality. The features of individual operations with municipal property are considered below.

Purchase and sale. Inefficient municipal property can be privatized. Privatization of municipal property is carried out by local self-government bodies independently in accordance with the procedure established by the Federal Law "On the Privatization of State Property and on the Fundamentals of Privatization of Municipal Property in the Russian Federation". According to the terms of privatization, objects of municipal property are divided into categories:

objects, the privatization of which is prohibited;

objects, the privatization of which can be carried out by an individual decision of the representative body of the municipality;

objects, the privatization of which is carried out by the administration according to programs annually approved by the representative body.

The representative body of the municipality approves the lists of objects of municipal property subject to and prohibited for privatization. The methods of privatization of property are chosen by the municipality independently. Most often it is an auction or a commercial competition. The auction is held in the form open auction in which the namer wins maximum price. The winner of the commercial tender is declared to be the one who offers not only the highest price, but also Better conditions. In case of equality of proposals, the participant whose application was submitted earlier is recognized as the winner. For a municipality, a commercial competition has advantages, since it can put forward such conditions for privatization as maintaining the profile of an enterprise for a certain time, preserving jobs, etc. municipal property property management

The municipality may acquire ownership of the property it needs. Sellers are individuals and legal entities, as well as public authorities. State registration of property rights is carried out by special institutions of justice.

Mena. Municipal movable and immovable property can be exchanged for another.

Donation. Any individual or legal entity may transfer movable or immovable property into municipal ownership free of charge. The donation agreement is also subject to state registration property rights.

Rent. Buildings, structures, structures, residential and non-residential premises may be leased; equipment, vehicles and other property that do not lose their natural properties during use.

Organizations and citizens wishing to rent municipal property submit an application to the Committee. The application must be considered within a certain time from the date of its registration. When several bids are received, commercial bidding is held, which is won by the one who provides the best conditions.

The administration may set mandatory conditions for the lease (for example, investment in the leased object, the implementation of the current and overhaul premises, keeping them in proper condition, etc.). If all of them are agreed, a lease agreement is concluded between the Committee and the tenant. The latter takes over commercial risk, independently carries out economic activities on the basis of leased property, makes a profit. The term of the lease is determined by the Committee, taking into account the interests of the municipality. Rent is one of the sources of income for the local budget.

In some cases, a non-commercial competition may be held for the transfer of municipal property for rent, when the tenant is required to fulfill certain conditions. Purpose, without holding a competition, municipal property may be leased in exceptional cases - to a specific tenant for a certain type of activity.

The established practice of assessing the effectiveness of the use of municipal property is based on an analysis of the state and trends in its contribution to the formation of the base of non-tax revenues of the local budget. The following tasks are identified to ensure the effective management of municipal property:

structural and quantitative optimization of organizations and enterprises of municipal ownership;

ensuring full and timely accounting of municipal property and all operations carried out with it;

development of criteria for optimal decisions on the disposal of municipal property;

increasing the investment attractiveness of municipal property.

3. Features and problems in the management of municipal property

In the formation of municipal property, the management of municipal property and its privatization, complex economic problems arise. Some of them are discussed below.

Transfer of objects to municipal ownership. The main share of departmental housing, engineering infrastructure facilities of cities and social facilities has already been transferred to municipal ownership. When transferring to municipal ownership of objects that are still in the ownership of enterprises, serious problems arise.

The problem of financing. With the current practice, when signing the act of acceptance of objects into municipal ownership, the local government does not always receive additional income to the budget to finance their maintenance. Refusal to accept is also dangerous, since many enterprises in the conditions of the financial crisis are not able to maintain residential buildings, kindergartens, and other facilities used by residents of the municipality. It is not uncommon for enterprises to simply “abandon” social facilities, whose property is stolen. There can be no general recipe here, and in each specific case, the local government is obliged to make a decision, taking into account all economic and social factors.

wear problem. By law, the owner must transfer the object to municipal ownership in a condition suitable for operation. In fact, dilapidated residential buildings that require urgent overhaul or even demolition and relocation of residents, worn-out engineering networks, boiler rooms, etc. are often transferred. The municipality has the right to refuse to accept ownership of such objects, but in some cases, realizing the hopelessness of the situation, agrees to this. This practice negatively affects his financial condition.

Determining the conditions for leasing, reasonable setting of rental rates for the use of non-residential premises and other municipal property.

In this case, it is important to find a balance of interests between the desire of the municipality to increase budget revenues from rent and the danger of curtailment by tenants important species economic activity in connection with high costs for rent. A reliable means of solving this problem is a wide differentiation of rental rates depending on the location of the leased object and type of activity, combined with a system of benefits and privileges.

Determining the expediency of privatizing an object in comparison with leasing and improving the technology of privatization.

Here, different approaches can be implemented for cost-effective (profitable) and unprofitable objects. Profitable object can be sold for high price and receive large one-time revenues to the budget. At the same time, the rent for this facility will constantly replenish the budget and may increase over time due to inflation.

A formally performed economic calculation usually testifies in favor of privatization, however, when agreeing on a program for the next year, the representative body of the municipality cannot confine itself to such a calculation and must weigh everything, including the long-term consequences of the object's privatization.

The purpose of the privatization of unprofitable objects is to reduce budget expenditures for their maintenance. The price of the object in this case may be low.

The only limit is social significance object. For example, in one of the cities, deputies refused to include a loss-making bookstore in the privatization plan submitted by the administration for the next year, since it was the only store in the city specialized in selling educational and methodological literature. In the context of a budget deficit, making such decisions is not an easy task.

4. Privatization of housing

The municipal government is interested in the fact that as many residents as possible become owners of their houses and apartments. In accordance with the Federal Law of 2003 and the new Housing Code of the Russian Federation, municipal housing will remain only for the poor (housing fund for social purposes) and some other categories of citizens (specialized housing fund). In fact, the population, despite the fact that privatization is free of charge (with the exception of the costs of processing the relevant documents), has privatized only about half of the housing stock. The main reason for this was the fear associated with the deprivation of private housing owners of budget subsidies.

People also do not want to privatize apartments in dilapidated residential buildings in the hope of improving their living conditions. The main way to solve the problem is to work with the population with clear obligations to create the same economic conditions for privatized and municipal housing, promoting the creation of homeowners associations, demonstrating their benefits.

To carry out work related to the privatization of housing, appropriate structures are created in municipalities, most often in the form of agencies with the status of a municipal institution. Along with this, privatization of municipal housing can be carried out by private agencies.

Privatization of built-in premises in residential buildings. Many local governments, when privatizing enterprises and organizations located on the first floors of residential buildings, refuse to privatize the premises themselves, transferring them to enterprises for rent. Thus, the municipal government retains leverage over enterprises. The negative point is that the organization, having not received the premises in the property, refrains from serious capital costs for its arrangement.

The situation may change due to the creation of homeowners' associations. The built-in premises should become the collective property of the partnership, and the tenant will have to establish contractual relations with it. However, the municipal government can also participate in the partnership as the owner of the built-in premises, if, for example, a municipal institution is located in it.

In accordance with Article 46 of the Federal Law “On the General Principles of Organizing Local Self-Government in the Russian Federation” dated October 6, 2003 No. 131-FZ, the economic basis of local self-government is municipal property, local budget funds, as well as property rights of municipalities.

Municipal property is recognized and protected by the state along with other forms of ownership. The presence of the authority of a local self-government body and the possibility of being in municipal ownership of one or another property is determined by Article 50 of the Federal Law of October 6, 2003 No. 131-FZ. It contains an exhaustive list of property that may be owned by municipalities.

Municipal property is subject to mandatory registration in the register of objects of municipal property and on the balance sheet of municipal enterprises, municipal institutions or the treasury of the municipality. Ideally, such property should be registered with the Office Federal Service state registration, cadastre and cartography (in registration). Those. the right of municipal property is registered, and the right of operational management or economic management of an institution or municipal enterprise is also subject to registration.

In order to improve the efficiency of municipal property management, the municipality needs to develop regulatory legal acts. The main one is the "Regulations on the procedure for managing and disposing of property owned by the municipality of the municipality."

Local self-government bodies have the right to dispose of municipal property by transferring it for rent, for gratuitous use, for economic management, for operational management, for the purchase and sale of property, for exchange and for other transactions not prohibited by law.

Bibliography

Grigoriev V.V. Ostrina I.A. Rudnev A.V. Management of municipal real estate. Educational and practical guide. M.: Delo 2011.

Zerkin D.P., Ignatov V.G. Basics of the theory government controlled Lecture course. - Rostov n / a: Publishing Center "Mart", 2012. P.311.

Podbereznyak I. Formation of municipal property through the prism of local self-government reform: an investor's view // Property relations in the Russian Federation. 2007 No. 10 S.54-55.

Sukhanov E.A. Acquisition and termination of property rights // Economy and law. 2008. No. 6. P.4.

Utkin E.A., Denisov A.F. State and municipal management - M .: Association of authors and publishers "Tandem" Publishing house "Ekmos", 2011

Chebotarev G.N. Municipal law of the Russian Federation: Training and metodology complex. Tyumen: Publishing House of TSU, 2011. P.91.

Shalomentseva E.G. Problems legal regulation innovative. Management of municipal property // Constitutional and municipal law", 2008 No. 20 C.35.

Shishkin A.A. To the question of the right of municipal property // Uchenye zapiski. Issue 2. Tyumen, 2011. P.105

Shchepachev V.A. Problems of regulation of property relations with the participation of local governments // Constitutional and municipal law No. 18 of 27.08.2008. From 24.

Shokotko M.A. The main problems of determining the legal regime of property in municipal ownership // Administrative and municipal law, 2008, No. 3 P.13.

Mulageva Z.Z. Ways of effective management of municipal property // Property relations in the Russian Federation, 2005, No. 9 P.32-33.

General principles of municipal property management

Traditionally, “management” is understood as a purposeful impact on someone or something to achieve a given result.

Property is understood as the property that belongs to a particular object.

Municipal property is property owned by the relevant municipality.

Municipality is a populated territory within which local self-government is carried out, there is municipal property, a local budget and elected bodies of local self-government. The main forms of municipalities are settlements, municipal districts and urban districts.

Municipal property management- this is the impact of municipalities on their property in order to effectively solve the problems they face or the effective implementation of power.

The tasks facing the municipality are usually attributed to issues of local importance. Municipal property is inalienable integral part municipal property. Municipal property includes:

Local budget funds;

Municipal off-budget funds;

Property of municipal self-government bodies (LSG);

Municipal lands and other natural resources owned by municipalities;

Municipal enterprises and organizations

Municipal financial and credit institutions;

Municipal housing stock and non-residential premises;

Municipal institutions of education, health care, culture and sports.

Municipal property can be classified according to several criteria:

1. According to the level of authority for the implementation of which it is used:

Property intended for solving issues of local importance;

Property used to resolve issues transferred to the municipality of the constituent entities of the Russian Federation;

Property intended to ensure the activities of LSG bodies and relevant officials.

2. By direction of use (see table 4).

3. According to the form of use:

property used as collateral

Property belonging to the municipal treasury

・Property for rent

Property transferred to economic management

Property transferred to operational management

· Property transferred to trust management

Property transferred for free use

Privatized property

Property acquired at the expense of the local budget

Monuments of history, architecture and culture of local importance

· Property contributed as a contribution to the authorized capital of business entities.

The following bodies of local self-government act as subjects of municipal property management:

Administration of the municipality;

Representative body of the MO;

Head of the MO;

Sectoral and functional divisions of the administration of the Moscow Region.

Table 4 - Classification of municipal property by directions of use (sheet 1)

Types of property	Municipalities
	settlements	municipal areas		urban districts
1. Property intended for electricity, heat, gas and water supply to the population, sewerage, fuel supply to the population, for lighting the streets of settlements
2. Public roads, bridges and other transport engineering structures within the boundaries of settlements, with the exception of public roads, bridges and other transport engineering structures of federal and regional significance, as well as property intended for their maintenance
3. Housing fund for social use to provide low-income citizens living in a settlement and in need of better housing conditions with living quarters on the terms of a social rental agreement, as well as property necessary for the maintenance of municipal housing stock
4. Passenger transport and other property intended for transport services to the population within the boundaries of the municipality
5. Property intended for the prevention and elimination of consequences of emergency situations within the boundaries of the municipality
Types of property		Municipalities
		settlements		municipal areas		urban districts
6. Objects, as well as fire equipment and equipment, designed to provide primary measures for extinguishing fires
7. Libraries and library collectors
8. Property intended for organizing leisure activities and providing residents with the services of cultural organizations
9. Objects of cultural heritage (monuments of history and culture) of local (municipal) significance
10. Property intended for the development of mass physical culture and sports
11. Property intended for organizing the improvement and landscaping of the territory of the settlement, including for the arrangement of public places and places of mass recreation for the population
12. Property intended for the collection and removal of household waste and garbage
13. Property, including land plots intended for organizing ritual services and maintaining burial sites

Table 4 - Classification of municipal property by directions of use (sheet 2)

Types of property	Municipalities
	settlements	municipal areas	urban districts
14. Property intended for the official publication (promulgation) of municipal legal acts, other official information
15. Land plots classified as municipal property
16. Detached water bodies on the territory of the municipality
17. Forests located within the boundaries of the settlements of the settlement
18. Property intended for the organization and implementation of environmental control
19. Property intended for organizing the protection of public order on the territory of the municipal district by the municipal police
20. Property intended to provide public and free pre-school, elementary general, basic general, secondary (complete) general education, as well as providing additional education and organizing recreation for children during the holidays

Table 4 - Classification of municipal property by directions of use (sheet 4)

Types of property	Municipalities
	settlements	municipal areas	urban districts
21. Property intended for the provision of emergency medical care on the territory of the municipal district (with the exception of sanitary and aviation), primary health care in outpatient clinics and hospitals, medical care for women during pregnancy, during and after childbirth
22. Archival funds, including the cadastre of land management and town planning documentation, as well as property intended for the storage of these funds
23) Property intended for the implementation of certain state powers transferred to local governments, in cases established by federal laws and laws of subjects of the Russian Federation;
24) property intended to ensure the activities of local governments and local government officials, municipal employees, employees of municipal enterprises and institutions in accordance with regulatory legal acts representative body of the municipality.

Municipal property management

"... Management of municipal property - organized adoption and execution of decisions carried out by local governments in the field of accounting for municipal property, control over its safety and use for its intended purpose, to ensure proper maintenance, as well as on issues related to the participation of the municipality in the creation , reorganization and liquidation of legal entities, ensuring effective coordination, regulation and control over their activities..."

Source:

DECISION of the Council of Deputies of the urban settlement of Zaprudnya of the Taldom Municipal District of the Moscow Region of July 30, 2009 N 62

"ON APPROVAL OF THE REGULATIONS ON THE PROCEDURE FOR THE FORMATION, MANAGEMENT AND DISPOSAL OF MUNICIPAL PROPERTY IN THE URBAN SETTLEMENT OF ZAPRUDNYA"

Official terminology. Akademik.ru. 2012 .

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Article 130, paragraph 1 of the Constitution states that local self-government ensures the possession, use and disposal of municipal property.

According to Art. 29 of the Federal Law "On the general principles of the organization of local self-government in the Russian Federation", the establishment of the procedure for managing and disposing of municipal property is the exclusive competence of the representative bodies of local self-government.

They, on behalf of the municipal formation, exercise the rights of the owner in relation to the property that is part of this property; in cases stipulated by the laws of the constituent entities of the Russian Federation and the charters of municipalities, this right may be exercised directly by the population.

The powers of local self-government bodies are exercised by local self-government bodies of settlements, local self-government bodies of urban districts and local self-government bodies of municipal districts independently.

Articles 48 and 125 of the Civil Code of the Russian Federation established that local governments are legal entities and act on their own behalf independently. Acquisition, exercise of property and personal non-property rights and obligations on behalf of municipalities is assigned only to local governments. For the population, such rights and obligations are not provided for either in the Constitution or in the Civil Code of the Russian Federation. But at the same time, the entire population of the municipality remains the owner.

Local self-government bodies may transfer objects of municipal property for temporary or permanent use to individuals and legal entities on a reimbursable or non-reimbursable basis, rent them out, alienate them in accordance with the established procedure, and also make other transactions with property in municipal ownership, to be determined in contracts. and agreements, conditions for the use of objects being privatized or transferred for use. If on the territory of municipal formations there are objects that are not involved in local economic turnover, then they (the formations) can lease or sell them in order to replenish the revenue side of the budget.

The right of municipal property is terminated in the event of loss or destruction of property; when alienating property to other persons, including during privatization; in the order of delimitation of municipal property; by levying execution on property for the obligations of the municipality in the manner prescribed by the law of the Russian Federation or the contract; on other grounds provided for by the laws of the Russian Federation.

The privatization of municipal property is one of the most important elements that ensure the strengthening of the economic basis of local self-government in the conditions of market economy and formation of municipal property. Paragraph 4 of Article 29 of the Federal Law "On General Principles ..." states that the procedure and conditions for the privatization of municipal property are determined by the population directly or by the representative bodies of the municipality. The proceeds from the privatization of municipal property are fully transferred to the local budget.

Local self-government bodies are obliged to monitor the completeness and timeliness of receipt of funds from buyers of privatization objects, ensure accounting of incoming funds for each object sold, provide the tax authority at the location with information on the receipt of funds to the local budget, that is, they must organize the process of privatization of property.

Within the established competence, local self-government bodies and local self-government officials make decisions on the composition of municipal property, the procedure for its acquisition and alienation; on maintaining registers of municipal property; on the storage of documents confirming the right of municipal property; on the creation, reorganization and liquidation of municipal unitary enterprises, institutions; on monitoring the efficiency of use and safety of municipal property and much more.

In addition, according to paragraph 1 of Article 61 of the Law “On the General Principles of Organization of Local Self-Government in the Russian Federation”, the constituent entities of the Russian Federation are obliged to transfer to the ownership of municipal entities the objects necessary to resolve issues of local importance, in accordance with the delimitation of powers between the constituent entities of the Russian Federation and municipal entities and between municipalities. The transfer of objects (property) belonging to municipal property to the state property of the constituent entities of the Russian Federation or federal property can be carried out only with the consent of local governments or by a court decision.

In the interests of the population, they may establish the conditions for the use of land located within the boundaries of the municipality.

Currently, in a number of constituent entities of the Russian Federation, laws have been adopted on a local referendum, which allow the community of citizens of a municipal formation to directly carry out the process of managing municipal property. In the laws on local self-government of most subjects of the Russian Federation regarding the management and disposal of the property of a municipality, the norms of the federal law are reproduced (for example, the Law Orenburg region"On the organization of local self-government in the Orenburg region").

The exercise on behalf of the relevant municipality of the owner of his authority in accordance with his competence does not make them the owners of the relevant property. Like government bodies, the bodies of municipalities can act in property circulation and as independent legal entities - municipal institutions that have an independent real right of operational management of the property assigned to them (Article 296 of the Civil Code of the Russian Federation). Part of this property in cash- they will be responsible for their obligations. When they exercise the powers of the owner of a municipal formation, they get the opportunity to one degree or another to dispose of the property of this owner, entering, leaving or constituting its treasury, and it is the property of the treasury, primarily the funds of the corresponding budget, that constitutes the basis for the independent property responsibility of such a municipal (public ) the owner of his debts.

In this regard, municipal property, like state property, is also divided into two parts (Article 215, Clause 3 of the Civil Code of the Russian Federation). One part is assigned to municipal enterprises and institutions on independent, albeit limited real rights of economic management and operational management, and the other, unallocated part is the treasury of the corresponding municipality. From the point of view of the interests of property turnover, such a division of municipal property is important, first of all, to justify the separate property liability of the municipality and legal entities created by it for their debts.

Having recognized the civil legal personality of municipalities, the Civil Code, however, allows only local self-government bodies to act in civil law relations (clause 2, article 125). Thus, municipalities as institutions of power are practically deprived of civil legal capacity.

Both the Civil Code of the Russian Federation and the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" establish that the rights of the owner of municipal property are exercised on behalf of the municipality. Consequently, the subject of municipal property right is only the municipality, and not local governments and local government officials acting in accordance with the law, and not legal entities or citizens acting on special instructions, who are only representatives of the municipality in relations regarding municipal property. This conclusion confirms paragraph 2 of Art. 212 of the Civil Code of the Russian Federation, which establishes that property may be owned by citizens and legal entities, as well as the Russian Federation, its constituent entities and municipalities.

A. Uvarov, analyzing the ratio of the rights to use and dispose of municipal property owned by the population of the municipality and bodies (officials) of local self-government, points out: "The possession, use and disposal of municipal property, in accordance with paragraph 1 of article 130 of the Constitution of the Russian Federation, the right of the population itself, but given the high degree of declarative this provision in his practical application, the charters of individual municipalities establish the transfer of the right to use and dispose of municipal property from the population to bodies and officials of local self-government. I would like to believe that such norms cannot be interpreted as an absolute transfer of property rights from the population to another owner, since, on the one hand, the power of municipal bodies and their officials is derived from the power of the local population, and, therefore, such a transfer of property rights, with point of view of civil law, does not lead to a change in the municipal form of ownership. On the other hand, the emergence of such norms does not deprive the population of the opportunity to exercise this right on its own behalf at a local referendum at any time."

The empowerment by the population of a municipal formation of local self-government bodies of the authority to exercise the right of municipal property means only a redistribution of the powers of representatives of the same owner - the municipal formation, but not the transfer of ownership rights from him to any other person.

Municipal property is subject to mandatory registration and object-by-object registration in the register of objects of municipal property (for example, clause 5, article 35 of the Law of the Orenburg Region).

Local self-government bodies own, use, dispose of municipal lands and other natural resources in the interests of the development of the municipality and the socio-economic interests of its citizens.

Local self-government bodies manage and dispose of land plots that are in municipal ownership. The following land plots are in municipal ownership:

• - which are recognized as such by federal laws and the laws of the constituent entities of the Russian Federation adopted in accordance with them;
• - the right of municipal property to which arose during the delimitation of state ownership of land;
• - which are acquired on the grounds established by civil law.

The powers of local self-government bodies in the field of land relations include the seizure, including by way of redemption, land plots for municipal needs, establishing, taking into account the requirements of the legislation of the Russian Federation, the rules for land use and development of urban and rural settlements, territories of other municipalities, development and implementation of local programs for the use and protection of land, as well as other powers to resolve issues of local importance in the field of use and protection of land.

In accordance with Article 66 of the Civil Code of the Russian Federation, local self-government bodies are not entitled to act as participants in economic companies and investors in limited partnerships, unless otherwise provided by law. Therefore, municipal property cannot be transferred to these companies and partnerships, except for cases specially stipulated by law. But on the basis of the same article, institutions may be participants in economic companies and investors in partnerships with the permission of the owner, unless otherwise provided by law. That is, municipal institutions, with the permission of local self-government bodies, have the right to contribute municipal property that is in operational management, unless the law directly prohibits this.

Summing up the chapter, we can draw the following conclusions regarding the specifics of the management of municipal property in Russia.

Firstly, municipal property belongs to the entire population of the municipality and serves to satisfy its basic vital needs. Therefore, it is necessary to limit the possibility of local self-government bodies taking actions that lead to the bankruptcy of municipalities.

Secondly, local governments are not only a business entity, but also a subject of power relations. And this gives local governments the right to make decisions that are generally binding on the territory of the municipality, including those that can create preferential conditions for municipal enterprises and organizations in relation to other subjects of market relations.