Finance. Taxes. Privileges. Tax deductions. State duty

What is municipal property? Features, management. What does "municipal property" mean that refers to objects of municipal property

Municipal property has some independence from the state, therefore wears a social and public character. It is created by municipal authorities or the upper echelons of power, by transferring property to the disposal of the municipality. The financial component forms a local budget, as well as taxes and fees. The legislation also noted the possibility of commercial acquisition of municipal property, i.e. Shopping, exchange or donation. Perhaps the exaggeration of municipal ownership when combining municipalities, thus, the property of each of them passes into the common property of the newly formed municipality.

Principles of Municipal Property

1. The principle of the obligation of the municipal property of the objects necessary for the implementation of authority of the authorities local governments For the benefit of the population, is fundamental.

2. The size of municipal property has the properties to fluctuate, then in the direction of increasing, then the accumulation. It depends on economic changes, as well as innovations in regulatory legal regulation, therefore it is characterized by flexibility and dynamism.

3. The composition of municipal ownership should be based on the vital needs of the population. Therefore, it should include institutions that provide the population with water, electricity, heat in the cold season, as well as a sewage network. The principle of social significance works here.

4. Only those objects, financing and ensuring the functioning of which under the power of municipal education should be included in the municipal property.

Types of municipal property

Municipal property can be distributed and unallocated.

The distributed municipal property includes those objects that cannot serve as for paying and coverage of debts and credits of municipality. These include municipal enterprises, organizations and institutions, the management of which is carried out under the rights of operational management or economic management.

Unallocated, i.e., the focused municipal ownership is compiled from the means of the municipal treasury (budget, taxes and fees), which can go on the payment of debts of the municipality.

The composition of municipal property

The composition of municipal property includes.

1. Local budget.
2. Non-residential premises, including buildings intended for production, non-production premises, other property complexes.
3. Residential premises, i.e. All housing fund.
4. Vehicles and funds intended to ensure production (equipment).
5. Constructions representing historical and cultural value.
6. Securities, stocks, deposits, foreign currency.

Construction facilities of public real estate are on the control of the municipal authorities, that is, the authorities of local self-government. This property includes:

The magistrate formation, equally, is a specific territory (for example, an area, village, urban village, city, etc.), which is under the leadership of the authorities of local self-government, as well as the control of the municipal authorities. It is necessary to allocate that municipal real estate does not stand out as a kind of state ownership, but is an independent subspecies of public property. Therefore, it is not necessary to compare the municipal possession and state ownership. The article below will consider in more detail the structure of municipal property (MS) and find out what it consists of.

Local Government Property System

By and large, this type of property includes objects of property of a specific territorial formation, which represents an important role in its public existence while maintaining cultural traditions and memory and is equally serving to meet the needs of its population. Thus, to the number of property in municipal possession, you can relate to budget funds local significance, buildings and institutions in possession of local authorities, various funds of budget and extrabudgetary value and other. Not highlighting private, all objects belonging to municipal authorities can be divided into 2 main groups.

  1. The first group includes objects municipalitywhich were provided by local governments to property and for use, as well as enshrined at municipal enterprises and formations.
  2. The second is a treasury of local authorities, which is controlled and stored by itself by municipal authorities, but has no relation to municipal institutions and enterprises.

The first group is primarily responsible for social and social and production tasks directed directly to such spheres.

  1. Education.
  2. Culture.
  3. Medicine.

note! Most of the objects belonging to this group are municipal unitary-type organizations and other local enterprises. For example, these are libraries, schools, hospitals and other institutions.

The second group of objects performs tasks that relate to the needs of the needs of the population located and living in a particular territory. Such property primarily pays tax payments to the treasury of local self-government. This group also includes the local budget, the actual movable and real estate local organs authorities, municipal lands, etc. The municipal treasury is replenished with money at the expense of financial funds of the local budget, as well as with the participation of private enterprises not enshrined behind the municipal authorities.

It follows from this that the municipal property is one of the main types of public ownership under state control. But despite this, all the property of municipal ownership is not state ownership.

Its operating activities are freely attributed to permission to resolve various types of problems and issues at the local level among institutions relating to the satisfaction of the needs of society. In addition, the property of the municipality is needed for the realization by the authorities of the local self-government of their direct tasks and responsibilities, and for the activities of municipal bodies and systems in general.

note! Hence the logical conclusion that such a type of ownership as the municipal is the main attribute of the government of local self-government.

Types of municipal property owned

The Law of the Russian Federation allocates several different types of Moon. Movable and real estate objects. The separation is based on the principle of their targeted use.

  1. To resolve local content tasks.
  2. To fulfill some state competences transferred to Moon. authorities.
  3. For the implementation of the functions of organs and competent persons of the municipal authorities, authorized citizens of local self-government workers on Moon. Enterprises and in institutions in possession of local authorities in accordance with the legislative base related to municipal activities.
  4. In order to solve problems, the right to the permission of which is provided to municipal authorities according to federal laws and which are not attributed to the tasks of local significance.

note! In any case, the Federal Law of the Russian Federation 2003 No. 131-FZ does not divide the property of local self-government in objects between the above classes. All this means that each property, no matter, movable or immovable in municipal ownership can be used by any of the listed tasks.

FZ No. 131 shares the property located in the MS of the local authorities, two types.

  1. Ownership, legislatively owned settlements.
  2. Ownership, legislatively belonging to municipal regions. In relation to the urban district owned by local governance, property and any groups have the right to be the right to be the right of legal acts.

Whatever it was, in the property of the village there is the following property.

  1. Property objects appointed to supply the population necessary for the lives of resources (water, electricity, gas), providing citizens with fuel, lighting the streets of this village.
  2. Repair and construction of highways within specific settlements.
  3. Housing Fund (housing and communal services).
  4. Vehicles and other movable property intended to ensure the movement of passengers on a specific settlement.
  5. Property objects intended for guarantees and providing initial fire safety measures.
  6. All libraries in a particular settlement.
  7. Property objects equipped for leisure people.
  8. Property objects carrying historical value (monuments, memorials, etc.).
  9. Property objects equipped for development in the settlement of physical culture and attracting a healthy lifestyle for sports.
  10. Property objects, equipped to organize improvement and landing of green plantings on a specific area of \u200b\u200bsettlement.

In the possession of municipal districts there may be such objects.

  1. Property objects created to supply gas and electricity.
  2. Property objects intended for repair and maintenance of highways, the roads themselves, which are within the settlements belonging to the local authorities.
  3. Vehicles intended for the transport of passengers, other property facilities intended for auto-service population within the competence of specific local authorities.
  4. Property objects intended to prevent and eliminate emergency situations within the settlement.
  5. The property object that performs the task of public order protection within a particular settlement.
  6. The property object that is intended to equip the settlement with free preschool, incomplete and full secondary education, as well as equipment for the property intended for the rest and cultural development of children in the free time from the educational process.
  7. Property objects to ensure and provide medical services to the population within the boundaries of the municipal territory.
  8. Property objects intended for waste disposal.
  9. Archival institutions.
  10. Property objects, including land plots intended for the organization of funerals and financing of all burials.
  11. Property objects intended for universal proclamation (publishing) of regulatory legal acts of local self-government, other information of the official and local importance.
  12. The land in possession of the municipal authorities on the basis of federal legislation.
  13. Ponds, ponds, careers, forests and other objects located on a specific territory.
  14. Property objects specifically designed for the protection and content of existing sanatoriums and resort zones (if any on the specific territory).

MS may contain different objects intended for the implementation of powers to resolve tasks and functions at the local level. The list of property available in the legislative basis for any degree of municipalities is not the "forced minimum", but a "potential maximum".

note! This is a list of not mandatory, but probable objects, that is, one municipal property can and be all the list of objects specified in the regulatory acts, in other, on the contrary, these objects may be absent.

Nevertheless, the municipal formation has no right to keep owned by any other property if it is not listed indicated in regulatory legal actor if it is not created specifically for the implementation of specific tasks and functions local level. In accordance with Part 5 of Art. 50 Such property facilities cannot forever remain in possession of the authorities of local self-government and are subject to retraining (change in the target direction) or expropriation.

The temporary framework and the expropriation system of such objects and institutions is formed on the basis of federal regulatory and legal acts. A special classification of property objects of municipal property is used.

Criteria classificationTypes of property objects of municipal property
Types of structuresMaterial (immovable and movable property, as well as securities on ownership of property object).
Intangible (intellectual property).
Target destinationIn order to implement economic activities.
Property objects in the field of social and housing and communal services.
The objects of the transport sector and objects in the field of communication.
Property objects intended for trade, domestic services and construction.
Property objects intended for other peculiar tasks.
Land.
Functioning systemProperty objects that are owned by unitary enterprises of local self-government.
Some municipal institutions transferred exclusively in management.
Property objects contained free.
View of the expression of the property objectPrice.
Material.
Profitability indicatorForming material agents in the form of income.
Do not require additional financing.
Absorbing income (adversely affects the budget of the local treasury).
EducationNatural, natural.
Unnatural, produced by man.
Expansion rate for usePrepared for use;
Created for reconstruction and thorough repair.
Unfinished within the framework of construction work.

In accordance with Part 3 of Article 215 of the Civil Code of the Russian Federation, any property that is the object of municipal property is divided into:

  • property objects in possession of the municipal unitary enterprise or institution. They are contained on the basis of economic management and instantaneous management. Local authorities are based on common goal work, supply of the population with the necessary material and spiritual benefits, which are coordinated in the process of performing tasks;
  • property objects of the municipal treasury, which includes local budget finances and other valuable property (for example, securities, jewels) not contained by municipalities and enterprises.

Characteristics of municipal property

Use and disposal of Moon. Property objects are carried out only on behalf of the municipal formation. Thus, local government bodies have the right to provide municipal property facilities on a short-term or permanent period of both individuals and legal entities. In some cases, property may be transferred to the state authority of the Russian Federation (various subjects of the state authority of the Russian Federation), other bodies of local self-government.

Local authorities also include the opportunity to alienate property, carry out transactions in accordance with federal legislation. At the same time, representative bodies approve the procedure for the management and use of municipal property facilities, and the executive authorities are actually owners, users and managers of such property, including through objects and empowerment of the relevant authorities.

note! However, in the Law of the Russian Federation of October 6, 2003, the population is not included among the subjects of use and disposal the municipal property object.

In turn, the legislature does not impede the resolution of the issues and problems (except those that directly relate to the budget) by holding a local referendum. Property objects owned by the government of local self-government can be transferred in accordance with the treaties of the territorial public authorities. Fully organized municipal property is made to the overall register of local self-government.

note! The right and obligation of the formation of such a registry (the tasks of the responsible for the registry) belong to the bodies of special competence, which were determined on the basis of the decision of the representative body of local authorities.

The authorized body should:

  • during the month, make information on the transferred property facilities to municipal property within a month;
  • within a month to send an official letter of the administration, a specific ministry, agency that this enterprise or the institution has passed into municipal property;
  • in short time, take all the information and changes regarding municipal property facilities.

According to specific objects transferred to the ownership of municipal authorities and listed in the appropriate registry, the competent authorities for the regulation of all property issues and tasks are required:

  • proceed on the ground legislative base constituent documents municipal institutions, enterprises and other objects, in the authorized capital of which are recorded financial investments, which are municipal ownership;
  • on the basis of a typical position approved by government bodies of the Russian Federation, on regulation and control over property objects to approve the Charters and conclude agreements (contracts) with the main managers of enterprises, institutions in municipal property;
  • re-register lease agreements, hiring, using municipal property facilities.

The introduction of adjustments to the Unified Register of Municipal Property is carried out by the relevant competent authority for the management of the municipal property object in accordance with:

  • by order of the higher authority;
  • order of the higher authorized body (Committee, Fund) on regulation and control of property facilities;
  • act on obtaining an object;
  • contract purchase and sale of property;
  • by a court decision;
  • another regulatory act in accordance with applicable law.

A mark on making a property facility to a single register of the property of municipal ownership or removal from it on the grounds specified in the legislation of the Russian Federation should be made by the competent authority for controlling the property object within three days to the decision taken.

note! When conducting a single registry, special attention is paid to the aforementioned solutions of the competent authorities (most often this is the financial management of the municipal species, the Committee for the Control and Development of Property Objects and other authorities authorized on the basis of the legislation of the Russian Federation).

An equally important complexity is the question of the boundaries of the "inviolability" of property objects of municipal ownership in the re-registration of property with municipal public ownership (for example, to the state ownership of the Russian Federation or the subject of the Russian Federation). Municipal property, qualifying in accordance with the legal peculiarities of a public property type, simultaneously with these has some individual characteristics associated with subjective right to local government.

The system of transmission of property objects from the municipal and state ownership of the Russian Federation provides for the mandatory consent of the local government for the transfer of such character. All disputes on the right to property of property objects (on legally reasonable finding a specific property in the possession of the subjects of the Russian Federation or in municipal property) are permitted to judicial order In accordance with the current legislation of the Russian Federation.

note! That legal status Made in the definition of the Constitutional Court of the Russian Federation No. 542-O dated December 12, 2006. The significance of such a question is supported by the constitutional judicial practice Russian Federation.

In connection with the above, it can be noted that the municipal property contains a large network of property objects of both economic and social destination. The quality of life of the population depends on the effective implementation of such property.

Video - On the purchase and privatization of municipal property

The range of objects of the municipal property rights is limited. A number of objects seized from turnover or limited in circulation, for example, combat weapons cannot be attributed to municipal property.

Objects of law municipal property may be classified according to several grounds:

At first:

  • - Property component municipal treasury.
  • - Property in operational management and economic jurisdiction.

Secondly:

  • - Movable property.
  • - Real estate.
  • - Property rights.

This classification can be used to create a registry of municipal property.

Clause 1 of Article 29 The Law of the Russian Federation "On the General Principles of the Organization of Local Self-Government in the Russian Federation" establishes that the composition of municipal property includes:

  • - funds of the local budget,
  • - Municipal extrabudgetary funds,
  • - property of local governments,
  • - Municipal lands and other natural resources,
  • - Municipal enterprises and organizations,
  • - Municipal banks and other financial and credit organizations,
  • - Municipal housing fund and non-residential premises,
  • - Municipal institutions of education, health, culture and sports,
  • - Other movable and real estate.

Article 9 The Constitution of Russia allocates land and natural resources among the possible objects of municipal property. Legal regime Municipal land is determined by the Land Code of the Russian Federation.

A specific list of municipal objects of municipality is determined by the peculiarities of its socio-economic development, the size of the territory, as well as other factors.

The general approach to the formation of the composition of the objects of municipal ownership can be based on the principle of compliance with the functions performed at the level of local government, which are directly related to the subjects of local self-government defined by federal legislation.

For example, the presence in the municipal ownership of health and education institutions is associated with the performance of the functions of the organization, content and development of municipal health institutions, institutions of preschool, basic general and vocational education. The creation and ensuring the functioning of municipal enterprises serving housing and communal services, caused by the local self-government responsibilities for the maintenance and use of the municipal housing stock and non-residential premises, municipal road construction and gardening of the territory of the municipality, organization, maintenance and development of municipal energy-, gas , heat and water supply and sewage, etc.

The right of municipal property, as well as the right of ownership in general, is an element of absolute legal relationship. All persons in relation to municipal ownership act as required persons. Their duty is that they should not encoy the integrity of municipal property. In turn, the owner can make any actions that do not contradict the law and do not violate the rights and laws protected by law of others.

At the same time, the current civil legislation does not establish any seizures in relation to objects that may be in municipal property. From the provisions of the Civil Code of the Russian Federation it follows that any objects civil rights may relate to municipal property. They are divided into objects assigned to municipal enterprises and institutions, and treasury objects.

General system Objects of ownership, presented in Art. 128 of the Civil Code of the Russian Federation, as well as the allocation in Art. 215 of the Civil Code of the RF property enshrined at municipal enterprises and institutions to hold, use and disposal, and the local budget and other municipal property, not enshrined behind municipal enterprises and institutions (treasury), do not solve the problems of protection of municipal property (at least its parts ) From arbitrary use in the interests of one or more persons to the detriment of the interests of the municipality, i.e. The priority of public interest is not fixed.

It seems important to introduce into Russian civil laws special status Municipal property based on the concept of public property rights. The core of this concept suggests that a small part of the property belonging to publications can participate in civil-related turnover, the larger part of it (in public property) from it seized or participates in it in a very limited law.

It seems appropriate acceptance of a separate regulatory Act public law governing the issues of possession, use and disposal of public property and consolidate in it, firstly, the goals of acquiring property municipalities in property, secondly, criteria, on the basis of which one can determine whether the municipality has the right to have one or another property ownership . Thirdly, it is important at the level of the law to identify the criteria for attributing one or another property to public (so, it is possible to allocate property, which, by virtue of special qualities, cannot be private (reservoirs, parks, roads, etc.), as well as life objects (Social shelters, housing and communal services, infrastructure facilities, etc.). Fourth, it is absolutely necessary to determine the status of bodies that are endowed with the rights to represent the interests of the owner in civil circulation, the authority of owners regarding the objects of objects (for example, the possibility of transferring them to rental , free use, economic management or operational management, etc.). And finally, fifthly, it is necessary to consolidate the guarantees of the public owner (for example, the prohibition of alienation, confiscation, the imposition of arrest, etc.).

The introduction of relevant standards in the Civil Code of the Russian Federation, providing for the allocation of public and private municipal property, as well as the adoption of the proposed federal Law Let them solve several tasks. First, create the opportunity to make the most complete satisfaction of public interests, secondly, to exclude private discretion at the disposal of municipal property, thirdly, to protect the participants in civil turnover, to increase their awareness of the special qualities of the property.

Thus, the institution of ownership has a great potential for its development and improvement, which, of course, should see the legislator and provide assistance to municipalities, without which it is impossible to effectively solve important and urgent issues that are important for each and every resident of the city, villages, the village Russia.

Municipal property

according to the legislation of the Russian Federation, the property of local government and local governments, the funds of the local budget and extrabudgetary funds, the housing stock, non-residential premises in the houses of the Housing Fund, engineering infrastructure facilities and other facilities are located in the municipal property of the district Directly carrying out public services of consumers and are located on the territory of local councils, with the exception of cases provided for by the legislation on local self-government. In the municipal ownership of the district, the city and the enterprises of agriculture, trade, domestic services, transport, industrial, construction, and other enterprises, property complexes, educational, culture, culture, health care and other property necessary for the municipal and territorial entities Economic and social development and fulfillment of other tasks facing relevant administrative-territorial entities in accordance with the legislation on local self-government.

Encyclopedic Dictionary, 1998

municipal property

property of the district, cities and in them are administrative-territorial entities. In the Russian Federation, the objects of the municipalities include the property of local government and local governments, funds of the local budget and extrabudgetary funds, a residential fund, non-residential premises, incl. in houses of residential foundation, engineering infrastructure facilities, etc.

Big Law Dictionary

municipal property

one of the three basic forms of ownership recognized by the legislation of the Russian Federation. So, paragraph 2 of Art. 9 The Constitution of the Russian Federation states that "land and other natural resources can be in private, state, municipal and other forms of ownership." Civil Code also establishes (paragraph 1 of Art. 212) that private, state, municipal and other forms of ownership are recognized in the Russian Federation. Subjects of the right M.S. Speakers municipal members. From their behalf of the right to hold, use and order M.S. The local governments are carried out (Art. 132 of the Constitution of the Russian Federation).

Wikipedia

Municipal property

Municipal property - This is the property complex of the municipality, which includes land, movable and immovable property. The category "Real Estate" includes a residential and non-residential fund, utility networks, various kinds of structures and so on.

The disposal of the municipal property on behalf of the municipality is carried out by local governments within their competence.

The ownership of the city is facilities that are of particular importance for the life support of the city, meeting the needs of the population and urban economy, as well as the preservation of historical and cultural heritage.

The objects of the municipal property of the city include objects of socio-cultural purposes, objects of the municipal urban residential foundation.

The legislation of the Russian Federation does not identify municipal and state ownership.

Article 8 of the Constitution of the Russian Federation recognizes municipal ownership as one of the forms of ownership in the Russian Federation. Russian legislation Does not consider municipal ownership by a type of state ownership. This is an independent form of ownership.

The advantage of the municipal form of ownership to the state is that the ownership, use and disposal of municipal property exercises the population directly or local governments in accordance with the will and in the interests, as well as with the historical and local traditions of the population.

The subjects of municipal ownership are urban and rural settlements and other municipal entities in general, which are registered in the Unified Federal Register of Municipalities. The multiplicity of subjects of the law of municipal property does not exclude the unity of its foundation within the subject to which it belongs, as it were, in one or another concrete case, it is managed by the management of it.

Can be divided municipal ownership of the species: property of urban and rural settlements and the property of other municipalities.

The objects of municipal property includes funds of the local budget, municipal extrabudgetary funds, property of local government bodies, as well as municipal land and other natural resources in municipal property, municipal enterprises and organizations, municipal banks, municipal housing funds and non-residential premises, municipal institutions And other property.

In accordance with Part 2 of Article 125 of the Civil Code of the Russian Federation and paragraph 2 of Article 51 of the Law on the General Principles of Local Self-Government Organization, the owner's right to the municipal property is carried out by local governments (elected representative body, elected head of local self-government, other elected officials ), and in cases stipulated by the laws of the constituent entities of the Russian Federation and the charters of municipalities, the population is directly.

The municipal property is similar to the state, divided into two parts (paragraph 3 of Art. 215 of the Civil Code of the Russian Federation): Property assigned to municipal entities and institutions on the principle of economic management and operational management and the municipal treasury of the respective municipality, which consists of local budget and other funds municipal property not enshrined behind municipal enterprises and institutions. The law determines the types of property in municipal property, i.e. Separated from turnover (municipal institutions of education, culture, sports). The specificity of municipal property is that all its objects are targeted, i.e. Designed to address local issues, satisfying the housing and communal, socio-household and other needs of the population of the relevant territory.

The founding of the emergence of municipal property, its sources of formation can be divided into two groups: general methods and special ways of municipal property. Special methods will be revenues from privatization, local taxes and fines, the use of natural resources, the transfer of state-ownership facilities to municipal property and other ways.

Transfer of objects (property) related to municipal property, to the state ownership of the subjects of the Russian Federation or federal property can be carried out only with the consent of local governments or by the court decision.

The question of the transfer from the state to the municipal property of non-residential premises leased by various organizations, including those relating to municipal property. In accordance with Appendix No. 3 to the Resolution Supreme Court Of the Russian Federation of December 27, 1991 No. 3020-1 to objects of municipal property include non-residential premises, which are in the management of the executive bodies of local councils (local administration), including buildings and buildings previously transferred by them (on balance) to other legal entities , as well as embedded-attached non-residential premises, built through 5- and 7 percent deductions for the construction of social and cultural and domestic facilities.

The exercise on behalf of the relevant municipal formation - the owner of his empower in accordance with its competence, does not make local governments (elected representative body, elected head of local government, other elected officials) owners of the relevant property. Like I. state bodiesThe bodies of municipal entities can act in the property turnover and as independent legal entities - municipal institutions with independent real legal rights management on the assignment assigned to them (Article 296 of the Civil Code of the Russian Federation). Consider an example from judicial practice:

The district administration appealed to the Arbitration Court of the region with a lawsuit against municipal education, recognizing an invalid order to consolidate the municipal property of the municipality on the right of economic management for the MUE utilities and on the return of property.

The definition of the proceedings in the case of the claimed requirement for the return of property was discontinued.

The decision of the plaintiff denied satisfaction claims In the motive that the plaintiff did not prove on the inconsistency of the contested act existing legislation. In addition, the court qualified the action of the plaintiff as a transaction on the alienation of property.

Resolution appeals instance The decision is canceled and the disposal is invalid with reference to the fact that this order has been published in violation of Art. 209 of the Civil Code of the Russian Federation and paragraph 4 of Art. 15 FZ "On the General Principles of Local Self-Government in the Russian Federation."

Guided by Art. 286-289 Arbitration Procedure Code of the Russian Federation, FAS Okrug decided: Resolution of the Arbitration Court of the region to leave unchanged.

From this example, it can be concluded that local governments, although they can perform in the face of legal entities, very often make mistakes in carrying out their rights.

Part of the property enshrined for legal entities - cash will be responsible for their obligations. With the empowerment of the owner of the municipal formation - local governments are able to order the property of this owner to some extent that the owner of the owner who leaves the treasury, which is the property of the treasury, primarily the funds of the relevant budget, constitutes the basis of the independent property responsibility of such a municipal (public) owner on their debts.

The Civil Code of the Russian Federation and FZ "On the General Principles of Local Government Organization in the Russian Federation" establishes that the rights of the owner of the municipal property are carried out on behalf of the municipality. Consequently, the subject of the law of municipal property is only a municipality, and not local government officials and local government officials acting in accordance with the law, and not legal entities Or citizens acting on a special order, which are only representatives of the municipality in relations on the municipal property.

Analyzing the relationship between the rights and disposal of the municipal property belonging to the population of the municipality and authorities ( officials) Local governments, it can be said that the ownership, use and disposal of municipal property, according to paragraph 1 of Art. 130 of the Constitution of the Russian Federation is primarily the right of the population. But, considering high degree The declaratives of this provision, the statutes of individual municipalities establish the transfer of the right to use and dispose of municipal property from the public to the authorities and officials of local self-government.

The question of the delimitation of the powers of the Russian Federation, its subjects and municipal entities to regulate the procedure for the acquisition and termination of the law of municipal property is relevant. In accordance with the Civil Code of the Russian Federation, nor the subjects of the federation nor municipal entities can establish the features of the acquisition and termination of the right of municipal property. However, the law on the general principles of the organization of local self-government establishes in paragraph 3 of Art. 51 The right of local governments independently determine the procedure and conditions for the privatization of municipal property.

The regulation of the acquisition and termination of the law of municipal property relate to civil law, i.e., in accordance with Art. 71 of the Constitution of the Russian Federation - subjects of the reference of the Russian Federation. Thus, its subjects cannot regulate their laws on the acquisition and termination of the right of municipal property. At the same time, municipalities regulate the procedure and conditions for the privatization of municipal property not as a result of entering them with relevant government powers, but on the right of the owner of the municipal property, to the extent that this is not limited to federal laws.