Treasury property accounting, Concept and classification of...

Treasury property accounting

As a result of studying Chapter 9, the student must:

know

• Features of budgetary accounting treasury;

• the moment of appearance and termination of the treasury regime;

• the order of conducting analytical accounting for objects in the treasury property on the basis of information from the register of property of the relevant public education;

• the procedure for calculating depreciation of treasury property;

be able to

• correctly apply methods and techniques for keeping budget records of treasury property at the level of public entities;

own

• the skills of independent work with legal acts and scientific literature regarding accounting of property of the treasury;

• ways and means of collecting, processing, analyzing economic data to reflect in the accounting and reporting of property treasury.

The concept and classification of treasury property. The emergence and termination of the treasury regime

In accordance with Art. 214 of the Civil Code of the United States the state property of the United States is property owned by it on the right of ownership (federal property) and property owned by the right of ownership to US entities - republics, regions, regions, cities of federal significance, autonomous regions (property of a subject of the United States). Property in state ownership is assigned to state enterprises and institutions for possession, use and disposal in accordance with Art. 294, 296 of the Civil Code of the United States. With regard to state property, the most common and significant are the three legal regimes: economic management, operational management and the regime of the municipal treasury (Table 9.1).

Table 9.1. Legal regimes of property in relation to state property

With respect to state property, the most common and significant are the three legal regimes

Economic Management

operational control

Treasury mode

State or municipal unitary enterprise to which the property belongs 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 United States

The institution and state enterprise, for which the property is assigned to the right of operational management, own and use this property within the limits established by law in accordance with the purposes of its activity, the appointment of this property and, unless otherwise provided by law, dispose of this property with consent of the owner of this property

Property not assigned to enterprises and institutions, is, along with the budget, treasury

The means of the relevant budget and other state property not assigned to state enterprises and institutions constitute the state treasury of the United States, the treasury of the constituent entities of the United States .

Property owned by the right of ownership to urban and rural settlements, as well as to other municipalities, is municipal property. On behalf of the municipal entity, the rights of the owner are exercised by local governments.

The means of the local budget and other municipal property not assigned to municipal enterprises and institutions constitute the municipal treasury of the relevant municipality.

Thus, at present the treasury is formed on three levels: state (federal), regional and municipal.

Finding property in the treasury allows you to choose the best ways to use it, for example, by obtaining income from the disposal of it, (for example, when leasing property), and when using as a material base to provide the population with various services, for increase efficiency and reduce costs for the maintenance of public authorities. The features of the right regime of the treasury are presented in Table. 9.2.

Table 9.2. Features of the legal regime of the treasury

No. п/п

Features of the mode

1

Legislation does not contain any rules regulating the legal status of property in the treasury.

All the provisions of the civil law on the right of ownership are fully applied to such property

2

The owner can use any means not prohibited by law to dispose of property included in the municipal treasury

3

This property can be leased, transferred for free use, used to provide services, other transactions not prohibited by law may be made with the owner

4

Privatization of property located in the treasury, can be carried out in any way prescribed by law and for any objects, both individual and their complexes

Using the treasury's property can promote competition. So, for example, unlike economic management or operational management, in which only the institution uses property for its activities, treasury property can be provided to an organization that won a tender for placing a state order, for example, to provide heat supply, water supply, etc. to the public

Problems of asset consolidation in the treasury and methods for their resolution are presented in Table. 9.3.

Table 9.3. Problems of securing property in the treasury

The essence of the problem

Misunderstanding of the features of the legal regime of treasury property, in particular, the issues of accounting for property of the treasury

Imaginary problems of treasury property management, unwillingness of authorized bodies to manage the property of the authorities to bear the obligation to preserve and organize the use of such property

Solution

Correct application of the norms of civil law with respect to the definition of the owner of property and the exercise of the owner's powers of the local government

The correct organization of public administration, the instructions in the regulations on the bodies (structural units of bodies) management functions, rights and responsibilities for managing the property of the treasury, proper control, planning the use of property, allocate the necessary funds for the maintenance of property

Methods

Keeping a register of objects that make up the treasury

Maintaining Accounting

Error

Property is considered to be in the treasury (indicated in the register of treasury objects) and at the same time assigned to the municipal institution on the right of operational management

Property, which should be managed by the institution, is assigned to it on the property right

An object is recognized as being in the treasury from the moment of the emergence of ownership of this object.

Treasury assets: movable and immovable property owned by public legal education, not assigned to state or municipal unitary enterprises, state enterprises, state or municipal institutions, designed to provide the economic and legal basis for the performance by public education of state tasks and functions, as well as direct participation in civil legal relationships (Figure 9.1).

To immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected with the land, i.e. objects, the movement of which without disproportionate damage to their destination is impossible, including buildings, structures, objects of unfinished construction.

Property as part of the state treasury in the system of financial and economic relations

Fig. 9.1. Property as part of the state treasury in the system of financial and economic relations

The main types of real estate: subsoil plots, land plots, forest fund, water objects, buildings, structures, other real estate.

Ownership of land plots arises from the moment of its state registration in accordance with US law.

The right of ownership to other proprietary rights is subject to registration in the Unified State Register by bodies carrying out state registration of rights to real estate and transactions with it.

In accordance with Art. 130 of the Civil Code of the United States to as opposed to real estate, includes property that is not related to land, not attached to it, namely: things that can be carried, transported from one place to another or can move by themselves (for example, animals), as well as money, currency, securities, liabilities, debt certificates (mortgages), performance sheets, etc. Registration of rights to movable things is not required, except for cases specified in law.

Note that there are property and non-property rights (rights to use objects of intellectual property, information resources, etc.), which in accordance with US civil law do not apply to movable or immovable property. Also in the composition This category takes into account the different types of licenses acquired by public education obtained by him on various grounds.

Also in the classification are allocated shares in the right of common ownership, for example shares and shares in charter (reserve) capital.

According to another sign of classification - belonging to financial relations, in the state treasury of the US subject it is possible to distinguish two parts: financial and non-financial.

The financial part of the state treasury, including the budget means, acts as a system of monetary relations. The non-financial part has an indirect effect on the system of monetary relations through the implementation of formal property relations.

Depending on the liquidity, the following types of assets of the subject of the United States can be distinguished:

- Absolutely liquid assets - funds that include the funds of the US entity's budget and currency values;

- highly liquid assets, which include securities and stakes in authorized (collateral) capital that can be realized for a short period of time;

- hard assets - include immovable property, property and non-property rights, shares in the common property right with the exception of shares in charter (storage) capitals, as well as movable property except for securities and currency values.

Certain types of immovable property that, in accordance with US and US legislation, are limited in turnover, refer to unrealizable assets (for example, subsoil plots, forest fund, water objects, etc.).

Thus, considering the current US legislation, as well as the theory of financial and property relations, the following classification option can be proposed (Figure 9.2).

The following objects are subject to inclusion in the treasury of the subject of the US subject:

- created at the expense of the corresponding budget, with the exception of objects created at the expense of budget funds provided in the form of subventions, subsidies, including grants and material support;

- acquired on the basis of contracts of sale and other contracts for the transfer of objects in the ownership of a US entity or a municipal formation;

- transferred to the ownership of a US entity or a municipal entity on the basis of US regulatory enactments on the delineation of state ownership of federal property, property of US entities, municipal property;

- transferred to the ownership of a US entity or a municipal entity on the basis of US regulatory enactments on the division of powers on issues of joint jurisdiction of the United States and the constituent entities of the United States;

- recognized by the established procedure ownerless and received in this connection in the ownership of a subject of the United States or a municipal entity in accordance with the procedure established in accordance with US regulatory enactments, US subjects and municipalities;

- acquired by a US entity or a municipal entity by way of recognition of ownership rights on a judicial decision or other grounds in accordance with US regulatory enactments, subjects of the United States and municipalities.

The scheme for the formation of treasury property is shown in Fig. 9.3.

The retirement of objects from treasury property is carried out in accordance with the regulatory legal acts of the United States, the subjects of the United States and municipalities (Table 9.4).

Privatization of objects of treasury property is carried out in accordance with the regulatory legal acts of the United States, the subjects of the United States and municipalities. Objects of treasury property that are not subject to alienation are determined by regulatory legal acts of US subjects and municipal entities.

Classification of the composition of the state treasury of a subject of the United States

Fig. 9.2. Classification of the composition of the state treasury of a subject of the United States

Table 9.4. Reasons for retirement of assets from treasury property

No. п/п

Characteristics of the cause

1

Transfer of objects to state or municipal unitary enterprises on the right of economic management, to state or municipal state enterprises and state or municipal institutions on the right of operational management

2

Transfer of objects into the ownership of the United States, US subjects or municipal entities in accordance with US regulatory enactments, US subjects and municipal entities

3

Within the framework of civil-law transactions (privatization, sale, donation, etc.)

4

In execution of court decisions

5

With destruction (destruction) of objects

6

When objects are liquidated

7

In other cases provided by federal law

The task of accounting for property of the treasury is to generate information that will effectively manage the treasury's property, optimize the composition and structure of treasury assets, create conditions for effective use of state and municipal property, as well as increase budget revenues and attract investment. >

Treasury Property Formation

Fig. 9.3. Treasury property formation

thematic pictures

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