In legal literature recently such concepts as "private and public property" are often used. Meanwhile, not everyone clearly understands the differences between them and often confuse them. Further in the article we will try to figure out what property is, what features public property has and how it can acquire such a status.
Terminology
Property is considered the central link of the modern economic system. It determines the goals of the functioning of the national economic complex, the way of interaction between workers and means of production, determines the structure of society, methods of distribution of benefits, etc. Property relations influence the formation of other types of relations. They are recognized as backbone and basic.
What is property? The concept can be considered in 2 aspects. In a narrow sense, this is property with which the subject candispose, use, own legally. In a broad sense, property is social relations associated with the distribution/appropriation of goods.
Highlight the legal and economic content of the property. The latter is based on the interaction between the subject - the legal owner of the property and the object - material values, benefits.
The concept of public property
As you know, any entity that has legal grounds for this can own, dispose and use property. A private person can act as the owner. In this case, we talk about private property. All other material values are recognized as public property. This category should be distinguished from the concepts of "public place", "property of a public association", etc.
Currently, there is no single approach to the interpretation of the definition of "public property". It is generally accepted that everything that is not private is public.
Differences from individual (private) ownership
The differences between these two concepts are very significant. The main ones can be considered:
- Limits to freedom of ownership.
- Liability.
- Control actions on objects.
- Goals.
- Balance of interests.
Freedom of rights
Under it should be understood the scope of powers of subjects in relation to public property. This freedom is expressed in the following. For example, a private person has the right to sell his business, transfer it to the state cultural fund. If the subject acts as a co-owner of public property, he cannot give the property to anyone. Moreover, he cannot give up his participation share until he leaves the relevant company.
Property liability
A private person has to bear all the costs associated with his property. The co-owner of public property is a less interested subject, he feels less responsibility. For example, there was a strong wind that broke the glass in the house. An ordinary citizen will have to pay for the new glass himself. Not inserting it is not in the interests of the person. If the glass is broken in a public building, none of the members of the society will feel responsible for themselves. The decision to insert new glass will be made by the whole society or a specially authorized body.
Control
A private owner always wants to know about all the actions performed by involved persons in relation to his property. Co-owners of public property are not so interested in this.
For example, a building is an object of collective ownership. A foreman was chosen to carry out the repair, who became an involved manager. He, in turn, brought a team to carry out the necessary work. For quality control of repair activities, not a single membersociety is not responsible. Accordingly, monitoring of the progress of work is not carried out in full force. As a result, repairs may not be as high quality as if they were carried out by the same team, but in a private house.
Balance of interests
A private owner can choose what to produce, how to use his property, what to invest in it. For example, a citizen can plant a tree in his garden, because it is in his interests - he wants to harvest. Participants in collective property are not so interested in producing something for society, since such goods are used to satisfy social needs.
As practice shows, co-owners of public property shift the responsibility for some kind of work to a particular participant. When the moment comes to share the benefits derived from work, all members of society become interested.
The purpose of a private owner is to obtain personal profit or create comfortable conditions for himself. Public property is used for the benefit of society.
Shapes
Community property happens:
- State.
- Municipal.
- Collective.
Municipal property is property that is managed, owned and used by municipalities. State material assets can be:
- Federal.
- Regional.
Collective public property in Russia – churches,public associations, political parties, etc.
The Emergence of State Property
Property can be transferred to the state category when:
- Nationalization. It involves the alienation of property in favor of the Russian Federation.
- Construction on budgetary funds. For example, roads are public property.
- Acquiring a controlling interest in a private company.
Pros of public ownership
One of the key advantages of collective property is the availability of natural (natural) resources and a wide range of directions for their use. Many available resources are used to develop various industries. At the same time, when using any one means of production, several goals are realized at once. For example, the coal mining industry creates a large number of jobs, allows many consumers to use the resource, and redirect the money received from the sale of products to meet social needs or to another industry (for example, metallurgical enterprises).
Due to state public property, there is a uniform distribution of benefits among citizens. For example, the FIU distributes part of the budget to finance pensions.
Current Issues
One of them is considered today to ensure the effective management of public property. Often due to limited interestsofficials, the development of the economy is significantly slowing down. For example, a citizen holds the position of administrator in the state media. He is not particularly interested in introducing new technologies, since he will not receive personal profit from this. Of course, in order to save his salary, to prevent the imposition of sanctions on him for improper performance of his duties, he will perform the assigned tasks.
The scale of the lack of public property is in direct proportion to the status. The more people who are responsible, the less individual responsibility.
For example, the building of the municipal preschool educational institution fell into disrepair and was transferred to the "demolition" category. The head of the institution will wait for a transfer to another kindergarten or will start looking for a job on his own. At the same time, he will not care much about the fate of the children. A completely different attitude to the problem will be if the kindergarten is private. The owner will do everything possible to find a place and reassure parents that the problem will be solved soon.
Poor management, unfortunately, is far from the only problem. It is not uncommon for officials to use public property to meet their personal needs. Such actions cause significant damage to the economy.
Alienation of property from a private owner
It represents the transfer of rights to an object from the owner to the state or municipality. Alienation can be voluntary or forced.
Wosecond case, the normative basis of the procedure is selected depending on the type of property. For example, when alienating a structure, the norms of the Civil Code, the Civil Code and a number of other acts are applied. If public ownership of land arises, the key legal document is the LC.
