The main forms (types) of property, Private property of citizens...

Basic forms (types) of property

Private property of citizens and legal entities. Privatization of state and municipal property

According to paragraph 1 of Art. 212 Civil Code in the United States are recognized as private, state, municipal and other forms of ownership. Compared to the way it was before, when state property had a huge priority over other types of property, the legislation of the United States does not put any form of ownership in a privileged position. Considering that to date all the owners have the same powers over their property (possession, use, disposal) and their rights are protected equally, the civilians pay their attention not to the forms, but to the subjects of the property right.

Subjects of ownership are citizens, legal entities (other than state and municipal unitary enterprises and institutions), the United States, US entities and municipal entities. The status of owners differs in the steepness of objects and the peculiarities of the acquisition and termination of the ownership right established by law and the procedure for exercising the powers to own, use and dispose of property.

Private property of citizens and legal entities can be any property, except those of its types, which by law can not belong to citizens or legal entities, including property limited in turnover. 129 GK (for example, national nature parks). The number and value of property of citizens and legal entities are not limited. Restrictions can be established only by law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensure the country's defense and state security (paragraph 2 of Article 1 of the Civil Code). The Constitution proclaimed the possibility of private ownership of land, as well as other natural resources (Part 2, Article 9, Article 36). However, the law does not yet provide for the possibility of private ownership of subsoil and forest areas. In accordance with Ch. 17 GK Property right and other real rights to land object of ownership are all lands in general, and a particular land plot. Along with the right of ownership of land, the important objects of the right of private ownership of immovable property are also enterprises and living quarters. For their acquisition (or construction), focus, in particular, the standards of housing.

Under a dwelling premise in the Civil Code means both an apartment and a room and a dwelling house, adapted for permanent residence, registered in this capacity in state bodies that account for this kind of real estate, including office and departmental, as well as specialized houses and employees similar to the purposes of accommodation - dormitories, shelter hotels, maneuverable fund houses, special homes for single elderly citizens, boarding homes for disabled people, veterans, etc. Residential premises are designed exclusively of citizens to live, ie, have a strictly designated purpose. Citizens - tenants of living quarters in houses of state and municipal housing stock have the right to privatize their occupied premises. It should be noted that for more than 20 years of its existence, the US Law of 04.07.1991 No. 1541-1 "On the privatization of housing in the United States" has undergone significant changes: some articles have been deleted, others have lost force, others have been changed, and some articles supplement the Law. The final correction, which in effect leads from March 1, 2015 to the loss of force by Law No. 1541-1, was effected by Federal Law No. 108-FZ of 07.06.2013, which amended the Federal Law No. 4-FZ of February 1, 2010, "On amending the Federal Law "On the Enactment of the Housing Code of the United States". It is worth saying that the term of cancellation of free privatization was postponed three times: originally by the Federal Law "On the Enactment of the Housing Code of the United States" the date of repealing the articles of Law No. 1541-1 was established on January 1, 2007. Federal Law No. 93-FZ of June 30, 2006, "On Amending Certain Legislative Acts of the United States Concerning the Issue of the Rights of Individuals to Certain Real Estate Objects in Simplified Order" postponed this date to March 1, 2010. Federal Law No. 4-FZ dated 01.02.2010, this date was postponed for another three years - on March 1, 2013. Finally, by Federal Law No. 108-FZ of 07.06.2013, it was extended to 1 March 2015. In other words, from March 1, 2015, legislative norms that establish a special procedure for the privatization of the state and municipal housing stock, including the free nature of such privatization, become invalid.

Privatization is formalized by concluding agreements with local authorities on the transfer of residential premises into the ownership of citizens. Every citizen can privatize a dwelling premise in the houses of the state or municipal housing stock only once. Legislation provides for restrictions in the privatization of residential premises. First of all, this concerns official and emergency residential premises, as well as hostels.

Privatization is an important basis for the derivative acquisition of property rights by citizens and legal entities, on the one hand, and serves as a prerequisite for termination of the right to state or municipal property on the relevant property, on the other. According to Art. 217 of the Civil Code, state or municipal property may be transferred by its owner to the ownership of citizens and legal entities in accordance with the legislation on privatization, and in particular Federal Law No. 178-FZ of 21.12.2001 "On Privatization of State and Municipal Property" (hereinafter - the Law on Privatization). In accordance with this Law, privatization of state and municipal property means forfeit alienation of property owned by the United States, US subjects, municipal entities, into the ownership of individuals and (or) legal entities. Privatization is not subject to property attributed by federal laws to objects of civil rights, whose turnover is not allowed (objects withdrawn from circulation), as well as property that, in the manner established by federal laws, can only be in state or municipal ownership.

The possibility of using your property in entrepreneurial activity is one of the most important competencies of the owner. So, individual entrepreneurs do not legally separate the property they use for entrepreneurial activity from their other property. That is why all property belonging to them (with the exception of what is listed in the law) may be subject to collection by any of their creditors.

Of legal entities, commercial and non-profit organizations have the right to own property, except state and municipal enterprises, as well as institutions. Ownership of legal entities, in particular, may include property transferred to it by the founders as deposits (contributions) of participants (members), as well as produced and acquired by a legal entity on other grounds in the course of its activities (clauses 3, 4, article 213 of the Civil Code ). Legal entities are the sole and sole owners of their property. The number and value of property owned by legal entities are not limited, except for cases when such restrictions are established by law (paragraph 2 of Article 213 of the Civil Code). All property of a legal entity in the valuation is reflected on its balance sheet.

Public and religious organizations (associations ), charitable and other funds are the owners of the property they have acquired and can use it only to achieve the goals stipulated in their constituent documents. The founders (members, members) of these organizations lose the right to property transferred to the ownership of the relevant organization. In the event of the liquidation of such an organization, all property remaining after the satisfaction of creditors' claims is used for the purposes specified in its constituent documents.

The procedure for the formation and treatment of certain types of property , owned by a specific legal entity, is established, in addition to clauses 3 and 4 of Art. 213 CC, other articles of the Civil Code on various commercial and non-commercial organizations. For example, by virtue of paragraph 1 of Art. 66 Civil Code, property created from the contributions of the founders (participants), as well as produced or acquired by an economic partnership or a company in the course of its activities, belongs to it on the basis of ownership. The rules on the ownership of property of certain organizational and legal forms of legal entities contain the Civil Code (Articles 90, 99, 109, 116, etc.), laws on joint-stock companies, on production cooperatives, on non-profit organizations, on limited liability companies, on freedom of conscience, public associations, etc.

It should be borne in mind that some property is inherent in the termination of the ownership rights of citizens and legal entities. For example, property of citizens and legal entities can be turned into state property in the order of nationalization on the basis of a law with reimbursement value of this property and other losses (clause 2, Article 235 of the Civil Code). At the same time disputes about damages are resolved by the court (Article 306 GK).

thematic pictures

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)