Features of the participation of public legal entities in certain types of civil legal relations - Lawyer in Samara and Moscow - representation in court and legal services

Today, many citizens of the Russian Federation have the right of ownership. This right is not just property, but a rather complex category, which has its own specifics and influence on the general state of the state.

In the course of evolution, property rights have been modified and improved both from the point of view of humanity and legal and economic categories. Today in the Russian Federation there is both private and common property. They also distinguish such a variety as the property of public legal entities. What does it mean? Who is associated with them and what features it has, we will consider further.

Property of public legal entities: what does it mean?

Property of public legal entities is a type of property that is common and gives the owners the opportunity to dispose and enjoy rights in relation to some property with rights greater than those possessed by ordinary individuals and legal entities.

A public legal entity acts as the state of the Russian Federation and its subjects, and they also include municipal institutions.

In essence, public legal entities are government bodies that are vested with property rights and have the legal right to issue regulations and laws that directly relate to the property itself.

Public legal entities are divided into:

state;
subjects of the Russian Federation;
municipality.

The laws that are issued by these entities, as a rule, relate to the following positions:

rules and regulations that entities must adhere to when conducting transactions;
land allocation;
taxation;
imposition of a public easement;
disposal of property, including escheat;
other.

What areas can be publicly owned?

First of all, the plot must comply with the general requirements that are put forward in the law to it as an object of ownership:

presence of established boundaries;
a specific location or exact address;
registration with the state cadastral register.

Otherwise, state or municipal authorities can own land with virtually no restrictions. It is worth highlighting certain types of plots that can only be in state ownership:

lands of forest and water funds (in the latter case, water bodies must be in federal ownership);
specially protected areas that are of federal significance;
lands of defense and security;
reserve lands, subject to the placement of federal real estate on them;
lands of settlements, transport, communications, industry, agricultural purposes, television and radio broadcasting, environmental and cultural significance, computer science, energy and space purposes;
areas under the surface of which there are subsoil of federal significance.

This list is not exhaustive; therefore, federal and regional laws of the Russian Federation may define other additional grounds for land to be in state ownership only.

As for the municipal one, any types of plots belonging to both the state and private individuals can be transferred to it (for example, in the event of their death or voluntary abandonment of the land).

Property of state and municipal PPOs

According to Russian legislation, public legal entities (PLEs) have absolute rights. The state owns:

natural resources;
land;
defense facilities;
space objects;
cultural and historical monuments;
roads, highways;
strategic objects;
institutions;
scientific activity.

Subjects of the Russian Federation and municipalities own:

real estate;
engineering structures;
municipal institutions;
objects of culture and history.

Public legal organizations (Article 124 of the Civil Code) are the Russian Federation, constituent entities of the Russian Federation and municipalities; rules governing the participation of legal entities apply to them. At the same time, legally significant actions on behalf of the Russian Federation and its subjects are carried out by state authorities, and on behalf of the municipality - by local government bodies. These bodies act within the framework of their competence. In some cases, the law may indicate a special body that has the right to take appropriate actions.

The above-mentioned entities act in legal relations for the implementation of cadastral registration and state registration of rights as bearers of rights to real estate. The other party in these legal relations is the body that carries out state cadastral registration and state registration of rights.

State cadastral registration, state registration of rights, maintenance of the Unified State Register of Real Estate and provision of information contained in the Unified State Register of Real Estate are carried out by the federal executive body authorized by the Government of the Russian Federation and its territorial bodies (clause 1 of Article 3 218-FZ). Created on the basis of Presidential Decree No. 1847 of December 25, 2008 “On the Federal Service for State Registration, Cadastre and Cartography”, by renaming the Federal Registration Service into the Federal Service for State Registration, Cadastre and Cartography, and assigning functions to the Federal Service for State Registration, Cadastre and Cartography on organizing a unified system of state cadastral registration of real estate and state registration of rights to real estate and transactions with it, as well as the spatial data infrastructure of the Russian Federation.

Rosreestr carries out its activities on the basis of the Regulations on the Federal Service for State Registration, Cadastre and Cartography (approved by Decree of the Government of the Russian Federation of June 1, 2009 No. 457). According to clause 1 of this Regulation, the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) is a federal executive body that carries out the functions of state registration of rights to real estate and transactions with it (hereinafter referred to as state registration of rights to real estate), to provide state services in the field of state cadastral registration of real estate, land management, state land monitoring, geodesy and cartography, navigation support for the transport complex (except for issues of air navigation services for users of the airspace of the Russian Federation), as well as functions for state cadastral valuation, implementation of federal state supervision in the field geodesy and cartography, state land supervision, state supervision over the activities of self-regulatory organizations of cadastral engineers, the national association of self-regulatory organizations of cadastral engineers, supervision over the activities of self-regulatory organizations of appraisers, control (supervision) over the activities of self-regulatory organizations of arbitration managers. The Federal Service for State Registration, Cadastre and Cartography is a federal executive body that maintains the state register of self-regulatory organizations for which an authorized federal executive body has not been identified to exercise control (supervision) over their activities.

The Federal Service for State Registration, Cadastre and Cartography is under the jurisdiction of the Ministry of Economic Development of the Russian Federation.

The federal executive body in accordance with clause 2 of Art. 3 218-FZ:

1) coordinates and controls the activities of rights registration bodies;

2) ensures that the rights registration authorities comply with the procedure for maintaining the Unified State Register of Real Estate, and also operates the federal state information system for maintaining the Unified State Register of Real Estate;

3) develops and publishes methodological materials for rights registration authorities on the implementation of state cadastral registration, state registration of rights, maintenance of the Unified State Register of Real Estate, provision of information contained in the Unified State Register of Real Estate;

4) provides training and advanced training for employees of rights registration authorities;

5) exercises other powers established by this Federal Law and other federal laws.

3. The competence of the rights registration body when it carries out state cadastral registration and state registration of rights includes:

1) acceptance of an application for state cadastral registration and (or) state registration of rights and documents attached to it;

2) checking the validity of the documents submitted by the applicant and the availability of the corresponding rights of the person or authority who prepared the document;

3) checking the availability of previously registered and previously declared rights;

4) state cadastral registration and state registration of rights;

5) issuance of documents confirming the implementation of state cadastral registration and (or) state registration of rights;

6) maintaining the Unified State Register of Real Estate and providing information contained in it;

7) registration of ownerless real estate in the manner established by the regulatory body;

other powers established by this Federal Law.

The concept of law at the basis of public property in the Russian Federation

According to the legislation of the Russian Federation, municipal property can be transferred to the population by order of the local administration. The authorities, at their discretion, divide the housing and land funds.

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According to the concept of law, which is based on property rights, Russia has an Anglo-American version. This is when PPOs act as the main owners, and temporary users are individuals and legal entities.

Transfer to private ownership

The transfer of property rights from PPOs to citizens is carried out in accordance with the legislation of the Russian Federation, namely the Housing and Land Codes. Land and real estate are provided free of charge to:

large families;
citizens who use land on a leasehold basis;
citizens who received an allotment for farming;
lands of dacha and garden cooperatives;
citizens who received a land plot for construction.

Documentation

To register land as private property, a citizen must provide and collect the following package of documents:

application for the provision of land;
a copy of the passport and its original;
act on the territorial location of the allotment;
boundary plan;
evidence that the land is being used legally;
documents that confirm that the citizen has the right to apply for a plot of land as private property;
receipt for payment of state duty;
application for participation in the auction and protocol from its conduct;
other.

Transfer of powers

The owner (state, municipality) can transfer rights to land plots, including to private individuals, having grounds for this and having correctly formalized the transfer. Particular attention is paid to the transfer of land, as it is the most valuable natural resource.

In addition, in addition to soil, there may also be natural resources or structural objects on the site.

The circulation of land resources is under strict control, but still the transfer of areas from one owner to another is possible, even the transfer of subsoil to private individuals. For such a process, tenders are organized.

The state can give land to specialized enterprises for their work and economic activities. The rights to land can be transferred in full (it becomes permanent property) or partially (for rent).

Participation in property turnover

Participation in property circulation implies the use of property that is publicly owned for its intended purpose.

PPOs take part in privatizations and can seize or confiscate property for the needs of the state. PPOs must necessarily serve the interests of the country and act as a customer for various services.

Public legal entities have a legal right to participate in the authorized capital.

Advantages and disadvantages

The advantages include the following:

protection from fraudsters
no taxation;
replacement of property in case of loss;
possibility of property improvement through a social tenancy agreement.

Disadvantages include:

a citizen does not have the right to give, sell, or dispose of property;
a citizen has no right to contribute as collateral for a mortgage loan;
a citizen may lose the right to use property.

Features of site selection

If you independently search for unformed plots using the Public Cadastral Map, you may simply not find free space.
In Moscow, it is almost impossible to find unoccupied space. In other large cities of the Russian Federation the situation is similar. If you have identified several potential locations on the map, you need to inspect the site in situ. There should be no buildings, communications, or even the remains of a foundation on it. After all, it may turn out that the site has rights holders who simply did not carry out land surveying, so the place on the map remains empty.

It’s convenient to use for bidding; you can immediately get all the necessary information about the event, the only negative is that the selection of objects is extremely small. But the advantages are also significant: the formed plots are put up for auction. The websites of authorized organizations can also help: information about the sale of property regularly appears on them.

When choosing a property from existing publicly owned sites, pay attention to rights and restrictions.

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Open the site that you found using the map through the background information about real estate objects, the “Rights and Restrictions” tab.

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If the restriction is registered, then such a plot cannot be considered as an auction item.

Disposal of public property

The management of public property is carried out by the Federal Property Management Agency. Its fundamental rights include the fact that this authority has the right to dispose of property at its own discretion. He has the right to transfer objects into private ownership to individuals and legal entities.

The Federal Property Management Agency has the right to dispose of public facilities only in compliance with all laws of the Russian Federation and without in any way violating the interests of the country.

The state has all rights to federal and municipal property.

Disposal of land

A special legal framework has been created for the disposal of state and municipal property. The main difference between state property and private property is that state property can only be used in accordance with the intended purpose of these objects.

Thus, local government bodies have the right to use land plots owned by the municipality exclusively to solve the problems of the locality.

Watch the video. Types of ownership: