Russian economy, from the point of view of ownership, is formed as mixed, that is, a certain part or sector National economy owned and operated by government or local, municipal authorities authorities by organizations. The other is by private citizens (individually or collectively).

According to the form of ownership, all enterprises are divided into private, state and mixed.

Private an enterprise is an enterprise with one owner, based on the private property of the owner and manager of capital. Private companies also include those firms in which the state has a share of capital (but not a dominant one).

State enterprise - in which capital and management are completely owned by the state. According to the recommendation of the Organization for Economic Co-operation (OECD), enterprises in which government bodies own the majority of the capital (over 50%) and/or those that are controlled by them (through government officials working at the enterprise) should be considered state-owned.

Mixed– where public and private capital and management are combined or predominate.

Classification of enterprises by organizational and legal forms.

Within the framework of private ownership, in accordance with Russian legislation, enterprises can take a wide variety of organizational and legal forms (see also the Civil Code of the Russian Federation, Part I).

Private sector includes:

1. Business partnerships in the form:

Full partnership;

Limited partnerships (limited partnerships).

2. Business entities in the form of:

Joint stock companies;

Limited Liability Companies;

Companies with additional liability;

Subsidiaries and dependent companies;

3. Production cooperatives.

4. Individual entrepreneurship.

Private sector enterprises (business partnerships and societies, production cooperatives) are commercial enterprises.

Their authorized capital is divided into shares (contributions) between the founders. Contributions may be money securities, various property and non-property rights.

Business partnerships and societies can be considered as association of entrepreneurs, which helps them:

Strengthen the financial base;

Bring together the potentials of individual entrepreneurs.

General partnership

Full recognized partnership, the participants of which (general partners), in accordance with the agreement concluded with them, are engaged in entrepreneurial activities on behalf of the company and are liable for its obligations with the property belonging to them.

Each participant in a general partnership conducts business on behalf of the partnership. The execution of each new transaction requires the consent of all participants. Profits and losses are shared in proportion to the shares of participants in authorized capital.

Participants in a general partnership bear solidary(mutual) liability with their property for the obligations of the partnership.

A partnership of faith(limited partnership) is a partnership in which, along with the participants who carry out entrepreneurial activities on behalf of the partnership and are liable for the obligations of the partnership with their property (general partners), there are one or more participants - investors (commanders), who bear the risk of losses associated with the activities of the partnership within the limits of the amounts they made contributions and do not participate in the implementation entrepreneurial activity.

Management is carried out by general partners.

Investor has the right to:

– receive part of the profit due to his share in the authorized capital;

– transfer your share of the authorized capital or part thereof to another investor or third party.

Limited Liability Company a company founded by one or more persons is recognized, authorized capital which is divided whether it is necessary, certain constituent documents sizes; Participants in a limited liability company are not liable for its obligations and bear the risk of losses, related to the activities of the company, within the value of their contributions(Civil Code of the Russian Federation, Chapter 4).

The activities of the LLC are regulated Charter and Memorandum of Association.

The highest authority is general meeting its participants.

An LLC has the right to transform into a joint-stock company or a production cooperative. A company can only be liquidated by a unanimous decision of its participants.

A participant in a company has the right to sell or otherwise assign his share in the authorized capital of the company or part of it to one or more participants of the company.

The exit of a company participant does not require the consent of its other participants.

Company with additional liability a company established by one or several persons is recognized, the authorized capital of which is divided into shares of the size determined by the constituent documents; Participants of such a company jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the cost of deposits for everyone(Article 95 of the Civil Code of the Russian Federation).

In the event of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the remaining participants in proportion to their contributions.

For all other parameters of the company’s activities, the rules on limited liability companies apply.

Joint stock company a company is recognized whose authorized capital is divided into a certain number of shares; Participants of a joint stock company (shareholders) are not liable for its obligations and bear risk of loss, related to the activities of the company within the value of their shares(Article 96 of the Civil Code of the Russian Federation).

public corporation conducts an open subscription for the shares it issues and sells them freely.

This company is obliged to publish annually for public information an annual report, balance sheet, and profit and loss account.

Participants in an open joint stock company may alienate their shares without agreement other shareholders.

Closed joint stock company- a company in which shares are distributed only among its founders or a predetermined circle of persons.

Such companies do not have the right to conduct an open subscription for shares issued by them or otherwise offer them for acquisition to an unlimited number of persons.

A joint stock company can be created by one person or consist of one person if one shareholder acquires all shares of the company.

A share is a security which indicates the contribution of a certain share to the capital of the joint-stock company and, by virtue of this, gives its owner the right to receive a share of the profit of the joint-stock company in the form dividends, as well as voting rights at the general meeting of shareholders.

The dividend fluctuates mainly depending on the amount of profit of the joint-stock company.

Supreme body management - general meeting shareholders. Competence (authority) of the general meeting:

Amendment of the company's Charter;

Changing the size of the authorized capital;

Election of the Audit Commission;

Formation of executive bodies of the company and early termination of their powers;

Statement annual reports, balance sheets, profits and losses and the distribution of its profits and losses;

Decision on reorganization or liquidation of the company;

Solving other issues.

If the number of shareholders is more than 50 people, then a Board of Directors(Supervisory Board). Its competence is determined by the charter of the joint-stock company.

Executive agency joint-stock company can be collegial (board, directorate) and/or sole (director, CEO). He carries out the current management of the company's activities and is accountable to the Board of Directors (Supervisory Board) and the general meeting of shareholders.

The JSC is obliged to annually engage a professional auditor to check and confirm the accuracy of the annual financial statements.

A JSC can be liquidated or reorganized voluntarily by decision of the general meeting of shareholders.

A production cooperative (artel) is recognized voluntary association of citizens on the basis of membership for joint production or economic activity, based on their personal labor and other participation and the association of property share contributions by its members (participants) (Article 107 of the Civil Code of the Russian Federation).

Production cooperatives are created for joint production, processing, marketing of industrial, agricultural and other products, trade, provision of services.

Members of a production cooperative bear the obligations of the cooperative subsidiary responsibility.

Profit cooperative is distributed among its members in accordance with their labor participation.

Supreme body management is the general meeting of its members. If there are more than 50 members of the cooperative, then a Supervisory Board can be created. Executive bodies are: the board and (or) its chairman. They provide ongoing leadership and accountability Supervisory Board.

Production cooperative may be liquidated or converted into business partnership and the society by unanimous decision of its members.

Simple partnership

Individual entrepreneurs and/or commercial organizations can combine their contributions and act together to make a profit or achieve another goal that does not contradict the law, without forming a legal entity. Such an association is a simple partnership.

Individual enterprise. An individual enterprise is an enterprise that has a single owner who has the exclusive right to own and dispose of both its property and to appropriate the results of economic activity, as well as bear full responsibility with all its property for any losses that the enterprise suffers.

Sole proprietorships are typically characteristic of small businesses. Moreover, this may be an enterprise in which the owner simultaneously acts as an employee, when labor and capital are personified in the same person. This also includes family firms and small enterprises, when one of the family members acts on behalf of the family as a legal entity responsible for its economic activities.

A sole proprietorship may be based on the ownership of one person and the hiring of labor.

State and municipal enterprises. Among enterprises based on public ownership, it is necessary to name state And municipal unitary enterprises. The former operate on the basis of state ownership; the property belongs to such an enterprise on the basis of economic management or operational management. Unitary enterprises are liable for their obligations with all the property they own and are not liable for the obligations of the owner of his property. Local enterprises are municipal property and also operate on the basis of economic management or operational management.

The basis in the system of socio-economic relations is the form of ownership, which influences ideology, economics, social policy, and so on.

The simplest concept of property is a form of appropriation by a person (or a group of persons) of certain material goods with the ability to use and dispose of them, sell them, give them, exchange them, etc.

In order for property not to lose its practical meaning, at least two subjects are required so that there is someone to enter into relations with regarding the subject of ownership.

What forms of ownership exist

There are different forms, it all depends on who the owner is. The main established forms:

• state, which is divided into municipal and federal;
• private, can be individual or collective;
• the property of religious and public organizations that have the right to use their property only for certain purposes, within the framework prescribed by the constituent documents of a particular religious or public organization.

Federal property includes:

• Natural resources;
• unique natural objects;
• funds from the state treasury;
• cultural and historical sites;
• individual agricultural and industrial enterprises;
• individual educational facilities, scientific institutions.

Municipal property includes buildings, land plots, residential and non-residential funds, utility networks, structures located on the territory of the municipality and owned by local governments.

Main types of property

In modern market- economic relations, after the procedure of denationalization of property and privatization of most enterprises, private property becomes the defining type - the type of ownership of the results of production, its means, in which the interests of the owner come first, followed by the interests of the collective.

Private property may include: individual ownership, group ownership (joint stock company, partnership).

Other types of accessories:

• collective– when property is purchased by a collective of employees or transferred to it free of charge;
• cooperative– a voluntary association of citizens using funds jointly owned by them, leasing the property of state-owned enterprises;
• civil– created from the labor income of citizens participating in social production,
• joint stock company– ownership of property acquired with proceeds from the sale of shares;
• individual labor– when a worker and an owner are united in one person, it differs from a personal farm in meeting the needs of the public by attracting the market.

There are mixed forms, when within one form or another there are features of several types of ownership.

What is property rights

This concept means legal right persons, at their own discretion, in accordance with personal interests, without transgressing the law, dispose of a thing and influence it.

The owner has the right to demand the elimination of illegal actions in relation to the property of those persons who are not its owners. A thing can be the result of labor, a means of production.

The owner in relation to his property is guided by three powers:

• he has the right to own property;
• the right to enjoy one's property;
• the right to dispose of (determine the legal side) ownership.

The right to own a thing or property gives the opportunity to dispose of it at one’s personal discretion, but at the same time, the law imposes an obligation on the owner:

• maintain your property (ensuring proper condition, timely repairs, paying taxes);
• liability for damage, wear and loss of property, compensation for damage caused by property.

If all three powers are concentrated in the subject of ownership, the owner’s responsibility for it occurs automatically.

What is property

Traditionally, this means that the means of production (things) belong to a specific owner. Such relations are not only economic, but also legal relations that can arise in matters of ownership, disposal, and use of property.

Private (individual) property

This includes the property of an individual (person) or legal entity (firm, enterprise). Private property is not limited in quantity; legally, an individual or legal entity can be the owner, for example, of an entire metallurgical plant, dozens of houses or buildings.

Only property that has been withdrawn from state circulation (historical or cultural monuments, nuclear weapons, etc.) cannot be acquired for private ownership.

A citizen may own:

• items purchased to satisfy his personal needs– plots of land, residential buildings, apartments, cars, garages, different kinds household appliances, much more;
• transport, buildings or premises, serving for the organization of entrepreneurship, production;
• bonds, shares, securities, cash;
• intellectual property items(literary works, musical works, images, etc.).

The source of financing for personal ownership is individual income received from participation in public or private production.

Intellectual property

This definition means results (products) creative activity person(s) in the field of science, literature, production, art, which are of an intangible nature.

The World Intellectual Property Organization has established its types:

• trademarks, logos, service marks;
• utility models;
• breeding animal breeds and plant varieties;
• inventions in various fields of human activity;
• scientific discoveries;
• results of performing activities of artists, television programs, sound recordings, radio broadcasts;
• literary works, scientific discoveries and works, works of art.

Intellectual property can be personified into material objects, becoming a type of product. But it can bring profit to its owners only if it is provided with special legal protection of the state (patents for inventions, trademarks, brand names, etc.).

Land ownership

Types of land ownership existing in Russia:

• State Federal;
• State subjects of the federation (territory, autonomous republic, region);
• Municipal (or city);
• Private.

Owners of land plots can be individuals or legal entities, they have the right to use in different forms land ownership:

• right to own land when its owners have the legal right to sell, mortgage the plot or part of it, exchange, donate, inherit;
• lifelong inheritance when the rights of the owner are exercised, but the plot cannot be sold, rented, or mortgaged, it can only be passed on by inheritance;
• unlimited use when the rights of the owner of a plot are realized, having it in lifelong use, but cannot be inherited;
• rent, which is sold only to the owners of the land.

Owners of land plots are required to pay land tax, which is calculated at a legally fixed base rate.

State property

State property is property that belongs to Russian Federation, also to its subjects. It is heterogeneous, as it includes:

• state budget funds, state banks, Diamond fund, gold reserve, currency fund;
• historical, cultural values ​​of national significance, artistic values;
• territory, natural land and water resources;
• Federal roads, organizations for their maintenance;
• defense facilities;
• municipal treasury.

State property is assigned to municipal institutions, enterprises on the rights of ownership, use, disposal.

Entrepreneurship

This is a type of activity that can be carried out in areas that are close and understandable to the owner. Areas of business activity:

• consumer;
• industrial;
• service;
• informational;
• scientific, others.

Entrepreneurship– a business that provides services to the population, produces in-demand goods, and allows the development of a market economy, being its small and medium-sized forms.

For entrepreneurship to exist successfully, the state must recognize private property, support and encourage small, medium business so that funds from these structures regularly replenish the treasury.

For an entrepreneur, it is important not only to be able to organize the production of goods or the provision of services, he is required to understand whether there is a demand for these goods or services, therefore entrepreneurial activity is always associated with a certain amount of risk.

Every citizen has the right to own, dispose of, and use his personal property.

The Constitution of Russia and the Civil Code recognize any form of property and guarantee the protection of rights to it.

Russian legislation provides for the protection of the owner’s rights in the event of an infringement on them.

property use possession disposal

Complexity And multidimensionality property manifests itself not only in its content, but also V diversity types, forms And species.

Type property determines the most general principles of its functioning, the essence of the nature of the connection of workers with the means of production, i.e. industrial relations regarding the production, distribution, exchange and consumption of goods.

Form property- this is a stable system of production relations and economic ties, which determines the appropriate way of connecting the worker with the means of production, i.e. relations regarding the organization of direct use of factors of production as elements of productive forces.

View property characterized by a specific method of appropriating goods and management methods.

Stories known two main type property: general and private.

General own means that its objects are the common property of all its subjects. That is, objects of common property cannot be distributed among its subjects, and therefore no part of common property can be the property of an individual subject. Each subject of common property is equal with others in terms of use, ownership, disposal and economic implementation of its objects. The main form of individual appropriation is the distribution of income, and the measure of its distribution is labor. The principle substantiated in Christian teaching is being implemented: work is the basis of people’s lives, therefore distribution should be carried out according to work.

General own stands V two forms: state and collective.

State property may be natural resources, basic means of production, working capital, information representing part of the public property - transferred by the will of the people and the decision of the authorities of the people to the jurisdiction and disposal of state bodies for certain conditions use while simultaneously delegating responsibility. This form of ownership expresses the relationship regarding the appropriation of the means and results of production between all members of society associated within the borders of the state, which are regulated by state bodies.

State ownership can be of two types: national when the subject of appropriation is the central government authorities, and communal, when the subject of appropriation is one or another local government authority.

Collective own characterizes the ownership of the means and results of production by a separate team or group of people. It expresses the unity of labor and property, i.e. such a state in which each member of the team is a co-owner of the means of production and the products produced. This, naturally, gives rise to a new type of economic interests - collective material interest in the better use and increase of group property.

Collective property can be divided into joint property, in which the property belongs to all participants, persons on an equal basis, without allocation of shares, and shared ownership, in which the share of each of the individual owners, participants, persons in the common property right is determined.

Species collective property can be:

• - own team enterprises, which is transferred by the state to the disposal of the workforce on terms of purchase or lease and is used in accordance with existing legislation;
• - cooperative own- is property created on a voluntary basis for the implementation general activities. As a rule, it is formed from the material and monetary resources of the members of the cooperative and income from their joint labor activity. Income is distributed according to the contributed share and labor contribution of the members of the cooperative;

own public, religious And cultural organizations. Its subjects are parties, trade unions, churches, sports and others public organizations. This type of property is created through donations from citizens, own funds or by transfer of state property.

General own often identify With public property, which means the joint appropriation of the means and results of production. However, they can hardly be identified, because social property expresses not just the ownership of the means and results of production by all members of society, but the real right of each of them to own, use and dispose of them, taking into account personal, collective and public interest. This is the fundamental difference between “public” and simply “common” property. It can be argued that public property in its adequate content has never existed anywhere before, because its implementation is a matter of unique complexity.

Private own- this is a type of property when the exclusive right to use, own, dispose of the property and receive income belongs to a private person.

Private property is divided into two forms:

• - individual labor;
• - using hired labor.

The individual labor form of ownership has two types:

• - sole;
• - family.

Sole own characterized by the fact that the means of production belong to an individual. The economic content of individual property determines the use, ownership and disposal of the means of production by the subject to whom they belong. The economic realization of individual property is carried out on the basis of the labor of the owner of the means of production. Economic forms of realization of individual labor property is the appropriation by its subject of the product of its production or income from its sale.

Family labor own occurs in conditions where the farm uses the labor of family members (for example, a family farm).

Private own With using hired labor (unearned) may manifest itself in the following forms:

• - individual with the use of hired labor;
• - affiliate;
• - corporate (joint stock).

Individual private own With using hired labor means that the conditions of production belong to an individual who carries out production through the use of someone else's (hired) labor. This type property is economically realized through the appropriation by the owner of the means of production of that part of the income from the sale of the product belonging to him, which remains with him after paying the wages to the employee.

Affiliate own- is property that is created by agreement of two or more individuals (including legal entities) by combining their property. As a rule, shares are deposited in any form and upon exit are withdrawn in the same form in which they were deposited.

Corporate (joint stock) own is formed by issuing and selling shares. Its subjects are shareholders (owners of shares), and its object is real capital (means of production and other property) and fictitious capital (stocks, bonds and other securities).

Corporate ownership makes it possible to combine scattered funds into one large capital through the issue and sale of shares, as well as to bring the shareholder’s responsibility in line with the amount of his contribution to the capital of the joint-stock company (JSC).

If we consider the economic implementation of corporate property through relations of ownership, disposal and management, then the carriers of ownership relations are the separate owners of shares who receive income from them. The relations of disposal and management are implemented not by the individual owner of the shares, but by the owners of the controlling block of shares, who dispose and manage the capital of the joint-stock company as common property. And in this sense, corporate property combines the features of private and common property, going beyond the framework of classical private property.

General or private ownership types are basic. Based on their integration (in different combinations), a mixed type of property arises. The main types of mixed ownership are:

• - public-private;
• - state-corporate;
• - state-collective;
• - private-collective;
• - joint with the involvement of foreign capital.

Is it possible to give preference to a certain type, form or type of property?

It seems that the question cannot be posed this way. The fact is that each form and type of property is an expression of a certain level of development of the technological method of production, the nature and method of combining factors of production, the target function of production, the content and forms of appropriation of income. A change in such factors leads to a change in property relations and the entire system of production relations, which marks the transition to a new form or system of management.

In current conditions, property relations are characterized by fairly high dynamism and fundamentally new development trends, the most important of which are:

Expanding pluralism of forms of ownership. Now there is no state in the world in which one or another form of property would dominate in its pure form. The idea that private property takes the leading place in a market economy is clearly erroneous. The current market economy is characterized mainly by collective, corporate, and mixed forms of ownership. In a fairly typical capitalist economy, 10-15% of the means of production are individually privately owned; 60-70% - in collective-corporate, joint-stock; 15-25% in the state. These forms interact and complement each other, thereby ensuring the development of competition and the effective functioning of the economy as a whole;

strengthening the processes of democratization and socialization of property relations: associated forms of ownership are created labor collectives, the share of shares among enterprise employees increases, they are involved in the management and distribution of income, provided with housing, medical care, etc.;

• - change in the structure of property objects: such property objects as information, computer programs, new technologies, qualified work force, scientific knowledge, spiritual benefits, etc.;
• - expansion of forms and objects of international property based on deepening the international division of labor and strengthening economic ties between countries. Qualitatively new form became integral property, which received the greatest development within the European Union

Law Ukraine "ABOUT property" proclaims the equality of all forms of property on the territory of the state. In accordance with this law, these include the following forms of ownership:

• - private;
• - collective;

state

It is also possible to create mixed forms property by combining property that is the property of citizens, legal entities (enterprises, organizations, etc.) and the state.

For the first time in our legislation there are intellectual own V separate species. Its objects can be works of literature, art, scientific discoveries, inventions, etc. A separate section of the law also highlights the property rights of other states.

The development of diverse forms of ownership in Ukraine is an important condition for the transition to a more efficient mixed economic system.

Own- a historically determined form of appropriation of material goods by people. With a more thorough analysis of its content, its economic and legal aspects come to the fore. They are closely interconnected and interdependent.

Type of ownership- this is a type that is characterized by the subject and the peculiarities of its connection with the object.

The interaction itself directly depends on the type of socio-economic system. Each object and subject, in turn, corresponds to special forms. The criteria are quite diverse and can be classified according to many criteria: property rights, methods of appropriation, etc. Let us consider further what the form of ownership may be.

Classification of forms of ownership

Property can be classified in various ways, for example:

1. According to the form of appropriation of various forms of property (individual, collective and state property).
2. According to the form of ownership (private, state and joint ownership).
3. By type of production relations (primitive communal, feudal, capitalist, socialist, slave).

According to civil code The following forms and types of ownership are fixed in the Russian Federation:

1. State
2. Municipal
3. Private
4. Public

The defining type of property in a market economy is private property.

Types of private property

Private property can appear in the following basic forms:

• Single property - characterized by the fact that physical. or legal A person realizes all property relations. The owner of a private enterprise can use the labor of his family or hired workers;
• Partnership ownership - it offers the combination in one form or another of property, capital, several legal or individuals for the purpose of carrying out general business activities;
• By type of desk. own We have an LLC (limited liability company) and an ALC (additional liability company).
• Corporate ownership is based on the function of capital, which is formed through the free sale of titles to one’s own shares in an OJSC (open joint-stock company).

Forms of public ownership

Public property exists in 3 main forms of ownership:

• Collective property is formed by distributing it between members of the collective on this enterprise, CJSC (closed joint stock company).
• State property - it releases all members of society as owners, the implementation of relations, appropriation through ownership relations is carried out by the state. apparatus. Disposal relations are implemented economic entities state own
• Public property - it offers ownership of everything social condition directly, directly and simultaneously to each and every individual. This form of ownership was enshrined in the Russian constitution and was a form without content.

State property

State property- ownership of property either by the state (the entire Russian Federation) or by a subject of the state (for example, Moscow).

Municipal property

Municipal property- property owned by the municipality (municipal entity). And a municipality is, to a certain extent, a public entity independent of the state, based on the principles of civil society and self-government. In other words, bodies acting in the interests of the public in a certain territory.

Characteristics of forms and types of property in the Russian Federation

In accordance with Art. 8 of the Constitution of the Russian Federation in Russia are recognized and protected equally private, state, municipal and other forms of ownership.

In Part 2 of Article 8 and Part 2 of Article 9 of the Constitution of the Russian Federation, forms of ownership differ in subject composition. It should be clarified that from this point of view, only two forms of ownership are fundamentally possible - private and public (state and municipal).

Property located in private property, belongs to certain individuals and their associations. Property located in public property, formally belongs to an indefinite circle of persons - all citizens of the state constituting a public legal union (state property), or all permanent residents of the settlement creating municipality(municipal property). In all types of public property, the powers of the owner are exercised by state or local government bodies.

1 Types and forms of ownership that take place in legal and economic relations in the Russian Federation

Figure 1 shows the types and forms of ownership that take place in legal and economic relations in the Russian Federation.

Figure 1 – Types and forms of ownership

2 Private and personal property

Private property- this is one of the forms of property that allows the owner to freely own, use and dispose of it.

Private property includes: individual, corporate, cooperative, joint stock, intellectual, copyright and any other non-state form of ownership.

Features of private property include the right of the owner to deal with the property he owns at his own discretion - to sell, donate and bequeath without prior approval from government agencies.

However, private property is part of market economy. The legislation implies the transition of state property to private property and calls this process privatization. And the reverse transition is nationalization.

Private property in Russia did not arise from nothing, and very rarely did it arise from scratch. The privatization process was actually equivalent to denationalization: most noticeable businesses appeared for the reason that something state-owned became private. By privatization, the mass consciousness understands, first of all, the emergence of large owners, each time forgetting about small privatization (of shops, hairdressers, etc.), about the transfer of apartments to private ownership. This is partly due to the fact that psychologically Soviet people already considered the apartment their property, and the process of privatization of living space was assessed as a purely formal act, a statement of changes in the rules of ownership.

After more than a quarter of a century of existence in market conditions, Russian citizens, despite all the difficulties of the new way of life, distrust of privatization and big business, for the most part consider private enterprises more efficient than state-owned enterprises. Opportunities for owners in Russia, according to D.A. Volkov, depend on proximity to state power and its key figures. And this, in turn, means instability of property rights.

Private property in the minds of citizens is, first of all, an apartment, but also a car, a dacha, and a plot of land.

Unfortunately, the privatization of the early 1990s in people’s minds is associated primarily with the dishonest redistribution of large property and, to a much lesser extent, with the privatization of apartments (from which the majority of citizens benefited) and opportunities for free business (including “small” privatization shops, hairdressers, etc.).

Such a concept as personal property allocated by A.A. Bazikov, is not very common, for example, A.N. Cherepanov, classifies personal property as an apartment, a car, etc.; he believes that private property arises when hired labor is exploited and the results of this activity are appropriated.

3. Common and joint property

The law provides for the granting of ownership rights to one piece of real estate to several people. According to Art. 244 Civil Code of the Russian Federation, common property is property that belongs to two or more citizens. If the land and house are common to several owners, it is joint property. If the shares of each of them are allocated in this property, this is shared ownership. The size of the shares of each of the participants is established on the basis of a written agreement or in judicial procedure. By default, if there is no agreement, the shares are considered equal.

Select share from joint ownership it may be impossible if the premises and land are used entirely by the owners, and it is not possible to allocate a share in kind. In these cases, the owners agree on the use of the property and maintain a peaceful neighborhood.

The owners of an object in the form of a house and land can be close relatives or strangers to each other. Determining the mutual rights and obligations of owners allows you to avoid conflicts, misunderstandings and dispose of your share legally.

Main difference joint ownership from shared in that in the first case the shares in the ownership of property of certain persons - as a rule, spouses - are not determined in percentage terms. The second type of ownership involves a corresponding division of rights to use the property. This is where other differences arise between the types of ownership of an object under consideration.

The organizational and legal form of realization of joint-stock property is a joint-stock company (JSC). This is a business company formed by the founders on the basis of an agreement by combining their property for the purpose of carrying out business activities and making a profit. Currently there are public joint stock companies(PJSC) and non-public joint stock companies (JSC). The concept of share ownership is similar to the concept of joint stock ownership, but instead of shares, the property is divided into shares. For example, in the Kemerovo region, the Beregovoi agricultural cooperative operates; this agricultural cooperative was formed in 1964, the lands of the cooperative were divided among workers into certain shares and each worker had his own share. Currently, this form of ownership takes place in the Beregovoy SEC. Unit owners can sell their shares to any individual or legal entity, this is exactly what happened when the need arose to build the Kemerovo-Leninsk-Kuznetsky highway in Kuzbass.

4. Public form of ownership

Public form of ownership- this is the property of a property belonging to a public entity, which is the entire state as a whole, a specific subject of the federation or a municipality. Therefore, for example, many Moscow buildings that are publicly owned, in other words, belong to the state. And in order to transfer them to the category of private property, it is necessary to carry out a privatization procedure.

The understanding that public does not mean state has always been weak side Russian perception of property.

Municipal property is part of the state, but at the same time it is customary to allocate it separately, because such areas are managed by self-government bodies. Lands can become municipal in the following cases:

– if they are transferred from state ownership;

– in case of their special classification as municipal;

– on the basis of judicial acts on the delimitation of plots;

– if they are purchased from different entities.

Regardless of how the land is transferred to the municipality, it must be used for the needs of the population. Namely, to provide work, housing or be used for recreation of citizens. Despite the fact that the lands are used for citizens, they are divided into areas open for public use and closed.

Municipalities have the right to dispose of their land plots, the main thing is that all operations are within the framework of the legislation of the Russian Federation. All money received from transactions with municipal land plots, should go to the local budget. The lands themselves can be leased or owned by both citizens and organizations. Moreover, under certain circumstances, the latter can get the plot for free.

All lands that are not private and municipal property are considered state-owned. Due to their area, these lands are very significant both ecologically and economically. Almost all manufacturing, industrial and environmental enterprises are located on state land. But, despite all their importance, these lands can be rented, purchased, and even acquired for free through privatization or after receiving plots for individual housing construction.

State land plots can be federally owned or owned by constituent entities of the Russian Federation. These types are distinguished by controls. Thus, land plots owned by the subjects are managed by the authorized governing bodies of the subjects themselves. For example, areas of the Kemerovo region that do not belong to municipalities and private individuals will be managed by the governing bodies of the Administration of the Kemerovo region. And all federal land is managed in the capital of our country. At the same time, money received from the lands of the constituent entities replenish the budget of this subject, and funds received from federal lands go to the federal budget.

Thus, the concept of types and forms of ownership are closely related. Currently, the most common forms of ownership in the Russian Federation are: private, shared, state and municipal forms of ownership.