Municipal property management. Management of municipal property Filling out an application for registration

Article 130, paragraph 1 of the Constitution states that local self-government ensures the ownership, use and disposal of municipal property.

According to Art. 29 of the Federal Law “On the general principles of organizing local self-government in the Russian Federation”, establishing the procedure for managing and disposing of municipal property is the exclusive competence of representative bodies of local self-government.

They, on behalf of the municipality, exercise the rights of the owner in relation to the property included in this property; in cases provided for by laws subjects Russian Federation and the charters of municipalities, this right can be exercised by the population directly.

The powers of local self-government bodies are exercised by local self-government bodies of settlements, local self-government bodies of urban districts and local self-government bodies of municipal districts independently.

Articles 48 and 125 of the Civil Code of the Russian Federation established that local government bodies are legal entities and act independently on their own behalf. The acquisition and exercise of property and personal non-property rights and obligations on behalf of municipalities is assigned only to local government bodies. For the population, such rights and obligations are not provided either in the Constitution or in the Civil Code of the Russian Federation. But at the same time, the entire population of the municipality remains the owner.

Local government bodies may transfer objects of municipal property for temporary or permanent use to individuals and legal entities on a paid or gratuitous basis, lease them, alienate them in the prescribed manner, and also make other transactions with property in municipal ownership, as determined in contracts. and agreements on the conditions of use of objects being privatized or transferred for use. If there are objects on the territory of municipalities that are not used in local economic circulation, then they (the entities) can rent them out or sell them in order to replenish the budget revenue.

The right of municipal property is terminated in the event of loss or destruction of property; upon alienation of property to other persons, including during privatization; in order to delimit municipal property; by foreclosure on property under the obligations of a municipality in the manner prescribed by the law of the Russian Federation or an agreement; on other grounds provided for by the laws of the Russian Federation.

Privatization of municipal property is one of the most important elements ensuring the strengthening of the economic basis of local self-government in a market economy and the formation of municipal property. Paragraph 4 of Article 29 of the Federal Law “On General Principles...” states that the procedure and conditions for the privatization of municipal property are determined by the population directly or by representative bodies of the municipality. Proceeds from the privatization of municipal property go fully to the local budget.

Local government bodies are obliged to monitor the completeness and timeliness of the receipt of funds from buyers of privatization objects, ensure accounting of incoming funds for each sold object, and provide the tax authority at the location with information about the receipt of funds to the local budget, that is, they must organize the process of privatization of property.

Within the established competence, local government bodies and local government officials make decisions on the composition of municipal property, the procedure for its acquisition and alienation; on maintaining registers of municipal property; on storage of documents confirming the right of municipal property; on the creation, reorganization and liquidation of municipal unitary enterprises and institutions; on monitoring the efficiency of use and safety of municipal property and much more.

In addition, according to clause 1 of Article 61 of the Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, constituent entities of the Russian Federation are obliged to transfer into the ownership of municipal entities objects necessary for resolving issues of local importance, in accordance with the division of powers between the constituent entities of the Russian Federation and municipal entities , as well as between municipalities. The transfer of objects (property) related to municipal property to state ownership of constituent entities of the Russian Federation or federal property can only be carried out with the consent of local government bodies or by court decision.

In the interests of the population, they can establish conditions for the use of lands located within the boundaries of the municipality.

Currently, a number of constituent entities of the Russian Federation have adopted laws on local referendums, which allow the community of citizens of a municipal entity to directly carry out the process of managing municipal property. The laws on local self-government of most constituent entities of the Russian Federation regarding the management and disposal of municipal property reproduce the norms of federal law (for example, the Law of the Orenburg Region “On the Organization of Local Self-Government in the Orenburg Region”).

The exercise of the owner's powers on behalf of the relevant municipality in accordance with their competence does not make them the owners of the relevant property. Like government bodies, bodies of municipal formations can act in property circulation and as independent legal entities - municipal institutions that have an independent real right of operational management of the property assigned to them (Article 296 of the Civil Code of the Russian Federation). Part of this property - in cash- they will be responsible for their obligations. When they exercise the powers of the owner of a municipality, they get the opportunity, to one degree or another, to dispose of the property of this owner, entering, leaving or constituting his treasury, and it is the treasury property, primarily the funds of the corresponding budget, that forms the basis for the independent property liability of such a municipal (public) ) owner for his debts.

In this regard, municipal property, like state property, is also divided into two parts (Article 215, paragraph 3 of the Civil Code of the Russian Federation). One part is assigned to municipal enterprises and institutions on independent, albeit limited, property rights of economic management and operational management, and the other, undistributed part constitutes the treasury of the corresponding municipality. From the point of view of the interests of property turnover, such a division of municipal property is important, first of all, to justify the separate property liability of the municipality and the legal entities created by it for their debts.

Having recognized the civil legal personality of municipalities, the Civil Code, however, allows only local government bodies to act in civil legal relations (clause 2 of Article 125). Thus, municipalities as institutions of government are practically deprived of civil legal capacity.

Both the Civil Code of the Russian Federation and the federal law“On the general principles of organizing local self-government in the Russian Federation” establishes that the rights of the owner of municipal property are exercised on behalf of the municipality. Consequently, the subject of municipal property law is only the municipal entity, and not local government bodies and local government officials acting in accordance with the law, and not legal entities or citizens acting on special instructions, who are only representatives of the municipal entity in relations regarding municipal property. This conclusion is confirmed by paragraph 2 of Art. 212 of the Civil Code of the Russian Federation, which establishes that property can be owned by citizens and legal entities, as well as the Russian Federation, its constituent entities and municipalities.

A. Uvarov, analyzing the relationship between the rights to use and dispose of municipal property belonging to the population of the municipality and the bodies (officials) of local self-government, points out: “Ownership, use and disposal of municipal property, according to paragraph 1 of Article 130 of the Constitution of the Russian Federation, is, first of all, the right of the population itself. But, given the high degree of declarative nature of this provision in the sphere of its practical application, the charters of individual municipalities establish the transfer of the right to use and dispose of municipal property from the population to local government bodies and officials. I would like to believe that such norms cannot be interpreted as absolute transfer of property rights from the population to another owner, since, on the one hand, the power of municipal bodies and their officials derived from the power of the local population, and, therefore, such a transfer of ownership, from the point of view of civil law, does not lead to a change in the municipal form of ownership. On the other hand, the emergence of such norms does not deprive the population of the opportunity at any time to exercise this right on their own behalf in a local referendum."

Empowering the population of a municipality to local self-government bodies with the powers to exercise the right of municipal property means only a redistribution of the powers of representatives of the same owner - the municipality, but not the transfer of ownership rights from him to any other person.

Municipal property is subject to mandatory accounting and object-by-object registration in the register of municipal property objects (for example, clause 5 of article 35 of the Law of the Orenburg Region).

Local governments own, use, and dispose of municipal lands and other natural resources in the interests of the development of the municipality and the socio-economic interests of its citizens.

Local government bodies manage and dispose of land plots in municipal ownership. Municipally owned land:

- which are recognized as such by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them;
- the right of municipal ownership to which arose during the delimitation of state ownership of land;
- which were acquired on the grounds established by civil law.

The powers of local government bodies in the field of land relations include the seizure, including through redemption, of land plots for municipal needs, the establishment, taking into account the requirements of the legislation of the Russian Federation, rules for land use and development of territories of urban and rural settlements, territories of other municipalities, development and implementation of local programs for the use and protection of lands, as well as other powers to resolve issues of local importance in the field of use and protection of lands.

In accordance with Article 66 of the Civil Code of the Russian Federation, local government bodies do not have the right to act as participants in business companies and investors in limited partnerships, unless otherwise provided by law. Therefore, municipal property cannot be transferred to these companies and partnerships, except in cases specifically stipulated by law. But on the basis of the same article, institutions can be participants in business companies and investors in partnerships with the permission of the owner, unless otherwise provided by law. That is, municipal institutions with the permission of local government bodies, he has the right to contribute municipal property under operational management, unless the law directly prohibits this.

To summarize the chapter, we can draw the following conclusions regarding the specifics of municipal property management in Russia.

Firstly, municipal property belongs to the entire population of the municipality and serves to satisfy its basic living needs. Consequently, it is necessary to limit the possibility of local government bodies committing actions that lead to the bankruptcy of municipalities.

Secondly, local government bodies are not only a business entity, but also a subject of power relations. And this gives local governments the right to make decisions that are generally binding on the territory of the municipality, including those that can create preferential operating conditions for municipal enterprises and organizations in relation to other subjects of market relations.

1. Privatization

2. Renting

3. Purchase from local budget funds

4. Transfer to trust use

5. Transfer for free use

6. Use as collateral

7. Contribution as a contribution to the authorized capital

8. Transfer to operational management

9. Transfer to economic management

Security questions on the topic:

1 Concept and forms of municipal property

2 Concept, objects and subjects of municipal property management

3 Classification of municipal property by areas of use

4 Functions of municipal property management

Transfer of municipal property to economic management

Municipal property is transferred into economic management to municipal unitary enterprises specially created for this purpose. Unitary enterprises are commercial organizations that are not vested with the right of ownership to the property assigned to them by the owner. The owner of this property is either the state or municipalities. Accordingly, a distinction is made between state and municipal unitary enterprises. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

The process of creating a municipal unitary enterprise, like any legal entity, includes next steps and actions:

1. Making a decision to create.

This decision is made by the head of the municipality. A draft of this decision is being prepared by the sectoral division of the administration, the profile of which the municipal unitary enterprise will specialize in. Simultaneously with the draft decision, a draft feasibility study must be prepared. These documents, as well as the explanatory note, reflect the expected results of activities and the resources necessary for creation. The explanatory note must be agreed upon with the relevant relevant departments of the Moscow Region administration (finance, property, legal). The decision to create a municipal unitary enterprise is subject to mandatory approval by the representative body of the Moscow Region.

2. Preparation and approval of the constituent documents of the MUP.

Constituent documents regulate all main aspects of the enterprise's activities. These documents include the memorandum of association and articles of association. For unitary enterprises, the constituent document is the charter.

The following mandatory positions are necessarily reflected in the MUP charter:

Purpose and subject of activity;

Property;

Rights and obligations;

Activity management;

Reorganization and liquidation

The purpose and subject of activity are determined by those issues of local importance for the solution of which the enterprise is created.

The composition of the property transferred by the municipal unitary unit is determined by the profile of its activities. The peculiarity of this property is that it is indivisible and its disposal is strictly controlled by the municipality.

MUP has the right to participate in the activities of other organizations and open branches of representative offices.

An enterprise does not have the right to sell, lease or otherwise use the property transferred to it without the consent of the owner. The owner has the right to receive part of the profit from the activities of the MUP. The enterprise is obliged to report on the results of its activities to the owner. Reporting is carried out quarterly and according to established forms. Along with traditional forms of statistical and tax reporting, the MUP report additionally provides information on the fulfillment of the financial indicators established for it on the areas of use of profits, the number of workers and the form of their payment.

The charter of a municipal unitary enterprise is prepared by the industry body that initiated the creation of the enterprise and approved by the property management department.

3. Appointment of the head of the municipal unitary enterprise.

General procedure The appointment of the head of the municipal unitary enterprise involves the proposal by the industry body of a candidate, its approval by the municipal property management service and the head of the municipality. Then the candidacy must be agreed upon with the representative body (the relevant committee of the city duma).

Then an order is prepared for the appointment of the head of the municipal unitary enterprise and employment contract.

These documents are signed simultaneously with the charter of the municipal unitary enterprise and the decision on its creation.

4. Formation of the authorized capital.

The authorized capital represents the valuation of the property that is transferred to the municipal unitary enterprise for economic management and to which it is liable for its obligations). The minimum amount of the authorized capital must be equal to 1000 times the minimum wage.

The formation of the authorized capital is carried out by transferring the corresponding municipal property from the administration of the municipal unitary enterprise. The fact of transfer is formalized by an act signed by a representative of the administration and the director of the municipal unitary enterprise. The transfer deadline is 3 months from the date of creation of the municipal unitary enterprise.

5. Payment of state duty carried out by the director of the municipal unitary enterprise. The fee is 2000 rubles.

6. Filling out an application for registration.

It is drawn up on behalf of the administration of the Moscow Region and contains information that the substantive positions of the charter comply with the requirements of current legislation, that the information contained in it is reliable and that the established procedure for creating a municipal unitary enterprise has been followed.

7. Submission of documents for state registration.

Documents are submitted to the registration authority, which is the tax authorities at the location of the municipal unitary enterprise. The documents provided include:

Statement;

The decision to create;

The act of transferring property.

8. State registration MUP is carried out within five working days from the date of acceptance of the documents and provides for the inclusion of the municipal unitary enterprise in the unified state Register of Legal Entities. The enterprise is issued a certificate of state registration.

9. Obtaining identification or statistical codes.

The specified codes are used for the needs of statistical and tax accounting. They are assigned by statistical agencies and depend on the form of ownership, area of specialization, industry affiliation and other factors.

10. Tax registration

Carried out by tax authorities simultaneously with state registration and provides for the assignment of a TIN to the municipal unitary enterprise

11. Opening a bank account

It is carried out by the director of the municipal unitary enterprise and requires preliminary certification of sample signatures of account holders.

12. Making a seal and corner stamp.

13. Obtaining a license

A license is an official document giving the right to an enterprise to engage in a certain type of activity in a certain territory for a certain period of time. A license is issued by authorized bodies. It is a form with many degrees of protection, a serial number, indicating the issuing authority and indicating the owner of the license.

Management of MUP activities.

The activities of municipal unitary enterprises are managed by the highest representative and executive bodies. The highest management body of a municipal unitary enterprise is the head of the municipality represented by the Property Management Department. This management body makes decisions on all key issues of the enterprise’s activities:

a) transfers and controls the use of property

b) coordinates transactions related to property

c) carries out financial monitoring of activities

d) controls the state of accounting and reporting

e) decides to conduct audits

f) coordinates the participation of municipal unitary enterprises in the activities of others commercial organizations

g) prepares a decision on the appointment of a director of the enterprise

h) prepares an employment contract with him

i) applies penalties and incentives to the head of the enterprise

j) makes decisions on the reorganization and liquidation of the enterprise.

The next most important management body of a municipal unitary enterprise is the sectoral division of the administration of the Moscow Region. The choice of this unit is determined by the specialization of the municipal unitary enterprise. In fairly large municipalities, the bulk of municipal unitary enterprises are created according to the profile of activities related to the management of the economy of this entity.

The sectoral body of the administration of the Moscow Region is assigned the functions of coordination, regulation and control of the economic and production activities of the municipal unitary enterprise assigned to it. For the practical implementation of these functions, the representative body carries out the following basic management actions:

1. Sets performance targets

2. Coordinates prices and tariffs for MUP products and services

3. Determines the list of operational issues subject to priority control

4. Reviews accounting and other reports of the enterprise and approves them

5. Coordinates the structure of the enterprise and the wage fund of its employees

Introduction

The Russian Federation recognizes private, state, municipal and other forms of ownership.

Property may be owned by citizens and legal entities, as well as the Russian Federation, constituent entities of the Russian Federation, and municipalities.

Municipal property is a property complex of a municipality, which includes land plots, movable and immovable property. The category “real estate” includes residential and non-residential assets, utility networks, various types of structures, and so on.

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

The purpose of the work is to study the activities of local governments in managing municipal property: their competence, management practice and efficiency. To achieve the goal of the thesis project, it is necessary to solve the following tasks:

consider the concept and composition of municipal property;

establish the powers of local government bodies and officials in the field of municipal property management;

consider the features and problems in municipal property management.

The subject of the work is management relations regarding municipal property. The object of study is the municipal property management system.

The theoretical basis was the works of domestic and foreign authors devoted to this topic.

1. Concept and composition of municipal property

Municipal property acts as a kind of economic basis for the normal functioning of the local government system in the constituent entities of the Russian Federation. It must be managed exclusively within the framework of Russian legislation.

Municipal property is one of the types of property in Russia, which is protected by laws on an equal basis with state or private property. The legislation of the Russian Federation assumes that municipalities have property, through the exploitation of which local government receives stable cash injections into the treasury of the subject. True, the types of property that can be owned by a local government body are strictly limited by the Federal Law “On the General Principles of Local Self-Government in the Russian Federation.” Only a local government body can act as the sole legal owner and manager of such property.

According to the purpose of its purpose, property owned by the municipality can be divided into:

Property that allows you to provide services and produce goods for the population, as well as make a profit in any other way not prohibited by law.

Property intended for other purposes. For example, for the normal functioning of a local government body.

The specific composition of municipal movable and immovable property established by the Federal Law of 2003 (with subsequent amendments and additions) is presented in Table. 1.

Table 1. Composition of movable and immovable municipal property

Types of propertySettlementsMunicipal areasProperty intended for electricity, heat, gas and water supply, sewerage, fuel supply to the population, street lighting (for municipal district only for electricity and gas supply within its borders)++Public roads, bridges and other transport engineering structures (except for federal and regional facilities), as well as property intended for their maintenanceWithin the boundaries of settlementsBetween settlementsHousing stock social services for low-income citizens, as well as property necessary for its maintenance++ Passenger transport and other property intended for transport services to the population Within the boundaries of a settlement Between settlements Property intended for the prevention and liquidation of consequences of emergency situations++ Facilities, as well as fire-fighting equipment and equipment intended for ensuring primary measures to extinguish fires + - Libraries (for a municipal district - inter-settlement libraries and collectors) + - Property intended for organizing leisure time and providing residents with the services of cultural organizations + - Objects of cultural heritage (historical and cultural monuments) of local significance + - Property, intended for the development of mass physical culture and sports + -Property intended for organizing the improvement and landscaping of the territory, including for the arrangement of public places and public recreation + -Property intended for the collection and removal of household waste and garbage (for municipal areas - for the disposal and recycling of household and industrial waste)++Property intended for the organization of funeral services and maintenance of burial sites (for a municipal district - only inter-settlement burial sites)++Property intended for the official publication (promulgation) of municipal legal acts, other official information++Property intended for the organization implementation of environmental control - +Property intended for organizing the protection of public order by the municipal police - +Property intended for providing preschool and school, additional education, organizing recreation for children during the holidays - +Property for providing emergency medical care, primary health care in outpatient clinics and hospitals, medical care for women during pregnancy, during and after childbirth -+Archival funds, including the cadastre of land management and urban planning documentation, as well as property intended for storing these funds++Property intended for the creation , development and protection of medical and recreational areas and resorts of local significance++

Modern changes in legislation are aimed at limiting the list of property that can be in municipal ownership and excluding from it objects used for commercial purposes (to replenish budget revenues). In particular, the existence of municipal banks and other financial and credit institutions mentioned in the 1995 Federal Law is not provided for. One part of the movable and immovable property in municipal ownership is transferred to the management of municipal enterprises and institutions, the other is included in the municipal treasury. According to the Civil Code of the Russian Federation, the municipal treasury consists of funds from the local budget and property not assigned to municipal enterprises and institutions. Effective management of municipal property ensures high-quality provision of municipal services.

The regulatory framework for municipal property management is made up of federal and regional laws. On issues related to the powers of local self-government, representative bodies of local self-government adopt municipal legal acts (regulations).

Local governments are required to keep records of the availability and changes in the composition of municipal property. For this purpose, a register of municipal property is maintained, which represents information system, built on a single classification, methodological basis and software base for the entire country. To organize accounting and management of municipal property, a property management committee or other body is usually created within the structure of the local administration.

2. Powers of local government bodies and officials in the field of municipal property management

Local government bodies can carry out purchase and sale, exchange, donation, and rental transactions with municipal property. The choice of method of use is made based on the goals and objectives of the development of the municipality. The features of individual transactions with municipal property are discussed below.

Purchase and sale. Ineffective municipal property can be privatized. Privatization of municipal property is carried out by local government bodies independently in accordance with the procedure established by the Federal Law “On the privatization of state property and on the principles of privatization of municipal property in the Russian Federation.” According to the conditions of privatization, municipal property objects are divided into categories:

objects whose privatization is prohibited;

objects, the privatization of which can be carried out by an individual decision of the representative body of the municipality;

objects, the privatization of which is carried out by the administration according to programs annually approved by the representative body.

The representative body of the municipal formation approves lists of municipal property objects subject to and prohibited for privatization. The municipality chooses methods for privatizing property independently. Most often this is an auction or commercial competition. The auction is held in the form of open bidding, in which the winner is the one who names the maximum price. The winner of a commercial competition is declared to be the one who offers not only the highest price, but also Better conditions. In case of equality of proposals, the winner is the participant whose application was submitted earlier. For a municipality, a commercial competition has advantages, since it can put forward such conditions for privatization as maintaining the profile of the enterprise for a certain time, preserving jobs, etc. municipal property property management

The municipality can acquire ownership of the property it needs. Sellers are individuals and legal entities, as well as government bodies. State registration of property rights is carried out by special justice institutions.

Mena. Municipal movable and immovable property can be exchanged for another.

Giving. Any individual or legal entity may transfer movable or immovable property to municipal ownership free of charge. The gift agreement is also subject to state registration of property rights.

Rent. Buildings, structures, structures, residential and non-residential premises can be leased; equipment, vehicles and other property that does not lose its natural properties during use.

Organizations and citizens wishing to lease municipal property submit an application to the Committee. The application must be considered within a certain time from the date of its registration. When several applications are received, commercial tenders are held, which are won by the one who provides the best conditions.

The administration may issue prerequisites lease (for example, investing in a leased property, carrying out ongoing and overhaul premises, maintaining them in proper condition, etc.). If all of them are agreed upon, a lease agreement is concluded between the Committee and the tenant. The latter takes on the commercial risk, independently carries out economic activities on the basis of leased property, and makes a profit. The lease period is determined by the Committee, taking into account the interests of the municipality. Rent serves as one of the sources of local budget revenue.

In some cases, a non-commercial competition may be held for the transfer of municipal property for rent, when the tenant is required to fulfill certain conditions. For a specific purpose, without holding a competition, municipal property can be leased in exceptional cases - to a specific tenant for a specific type of activity.

The established practice of assessing the efficiency of use of municipal property is based on an analysis of the state and trends of changes in its contribution to the formation of the base of non-tax revenues of the local budget. Highlight next tasks provision effective management municipal property:

structural and quantitative optimization of organizations and enterprises of municipal ownership;

ensuring complete and timely accounting of municipal property and all operations carried out with it;

development of criteria for optimal solutions for the disposal of municipal property;

increasing the investment attractiveness of municipal property.

3. Features and problems in municipal property management

When forming municipal property, managing municipal property and its privatization, complex economic problems arise. Some of them are discussed below.

Transfer of objects into municipal ownership. The main share of departmental housing, urban engineering infrastructure and social facilities has already been transferred to municipal ownership. When transferring into municipal ownership of objects that still remain in the ownership of enterprises, serious problems arise.

Funding problem. Under current practice, when signing an act of acceptance of objects into municipal ownership, the local government body does not always receive additional income to the budget to finance their maintenance. Refusal to accept them is also dangerous, since many enterprises in the conditions of the financial crisis are not able to maintain residential buildings, kindergartens, and other facilities used by residents of the municipality. It is not uncommon for enterprises to simply “abandon” social facilities whose property is stolen. There cannot be a general recipe here, and in each specific case the local government body is obliged to make a decision taking into account all economic and social factors.

Wear problem. By law, the owner must transfer the object to municipal ownership in a condition suitable for use. In fact, dilapidated residential buildings that require urgent major repairs or even demolition and relocation of residents, worn-out utility networks, boiler rooms, etc. are often transferred. A municipality has the right to refuse to accept ownership of such objects, but in some cases, realizing the hopelessness of the situation, it agrees to this. This practice has a negative impact on his financial condition.

Determination of rental conditions, reasonable establishment of rental rates for use non-residential premises and other municipal property.

In this case, it is important to find a balance of interests between the desire of the municipality to increase budget revenues from rentals and the danger of tenants curtailing important types of economic activities due to high rental costs. A reliable means of solving this problem is a wide differentiation of rental rates depending on the location of the leased object and the type of activity, combined with a system of benefits and privileges.

Determining the feasibility of privatizing an object in comparison with leasing and improving privatization technology.

Here different approaches can be implemented for cost-effective (profitable) and unprofitable objects. A profitable property can be sold at a high price and receive large one-time revenues to the budget. At the same time, the rent for this property will constantly replenish the budget and, due to inflation, may increase over time.

A formally carried out economic calculation usually testifies in favor of privatization, however, the representative body of the municipality, when agreeing on the program for the next year, cannot limit itself to such a calculation and must weigh everything, including the long-term consequences of privatization of the object.

The purpose of privatization of unprofitable objects is to reduce budget expenses for their maintenance. The price of the object in this case may be low.

The only limiter is the social significance of the object. For example, in one of the cities, deputies refused to include an unprofitable bookstore in the privatization plan presented by the administration for the next year, since it was the only store in the city specialized in selling educational and methodological literature. In times of budget deficit, making such decisions is not an easy task.

4. Privatization of housing

The municipal government is interested in ensuring that as many residents as possible become owners of their residential buildings and apartments. In accordance with the Federal Law of 2003 and the new Housing Code of the Russian Federation, municipal housing will remain only for the poor (social housing stock) and some other categories of citizens (specialized housing stock). In fact, the population, despite the fact that privatization was free of charge (except for the costs of processing the relevant documents), only about half of the housing stock was privatized. The main reason for this was fears related to the deprivation of budget subsidies to private housing owners.

People also do not want to privatize apartments in dilapidated residential buildings in the hope of improving living conditions. The main way to solve the problem is to work with the population with clear obligations to create equal economic conditions for privatized and municipal housing, promote the creation of homeowners' associations, and clearly demonstrate their advantages.

To carry out work related to the privatization of housing, appropriate structures are created in municipalities, most often in the form of agencies with the status of a municipal institution. Along with this, private agencies can carry out privatization of municipal housing.

Privatization of built-in premises in residential buildings. Many local authorities, when privatizing enterprises and organizations located on the first floors of residential buildings, refuse to privatize the premises themselves, transferring them to enterprises for rent. Thus, the municipal government retains leverage over enterprises. The negative point is that the organization, having not received ownership of the premises, refrains from serious capital expenditures on its arrangement.

The situation may change thanks to the creation of homeowners' associations. The built-in premises must become the collective property of the partnership, and the tenant will have to establish contractual relations with it. However, the municipal government can also participate in the partnership as the owner of the built-in premises if, for example, a municipal institution is located there.

In accordance with Article 46 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” dated October 6, 2003 No. 131-FZ economic basis local self-government consists of municipally owned property, local budget funds, as well as property rights of municipalities.

Municipal property is recognized and protected by the state on an equal basis with other forms of property. The presence of the powers of a local government body and the possibility of being in municipal ownership of this or that property is determined by Article 50 of the Federal Law of October 6, 2003 No. 131-FZ. It contains an exhaustive list of property that may be owned by municipalities.

Municipal property is subject to mandatory registration in the register of municipal property and on the balance sheet municipal enterprises, municipal institutions or the treasury of a municipal entity. Ideally, such property should be registered with the Office Federal service state registration, cadastre and cartography (in registration). Those. the right of municipal property is registered, and the right of operational management or economic management of an institution or municipal enterprise is also subject to registration.

In order to increase the efficiency of municipal property management, the municipality needs to develop regulatory legal acts. The main one is the “Regulation on the procedure for managing and disposing of property that is in the municipal ownership of the municipality.”

Local government bodies have the right to dispose of municipal property by transferring it for rent, for free use, for economic management, for operational management, for the purchase and sale of property, barter and other transactions not prohibited by law.

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Mulagaeva Z.Z. Methods for effective management of municipal property // Property relations in the Russian Federation 2005, No. 9 P.32-33.

According to Art. 29 of the law “On the general principles of organizing local self-government in the Russian Federation” See: SZ RF, 1995, No. 35, art. 3506. Local governments manage municipal property. “The rights of the owner in relation to property that is part of municipal property are exercised on behalf of the municipality by local government bodies, and in cases provided for by the laws of the constituent entities of the Russian Federation and the charters of municipalities, by the population directly.”

Municipal property may include kindergartens, specialized schools, clubs, cultural centers, libraries, enterprises and healthcare organizations located on the territory of the municipality, heating, water supply, sewerage, irrigation, gas networks, streets, squares, recreation areas, bridges, and other structures of local importance. , as well as residential buildings, apartments, non-residential areas, administrative buildings, educational, cultural, sports and other facilities and buildings, enterprises, organizations, vehicles, other real and movable property. Cemeteries may also be the property of urban and rural municipalities.

The list of municipal property by municipality is established by the Government.

There are four main ways of running a municipal economy:

1. direct control;

2. municipal contracting system;

3. municipal rental system;

4. municipal concession.

Direct control.

In direct management, municipalities directly manage municipal enterprises and municipal institutions.

The Civil Code provides for the creation of municipal enterprises in the form of unitary enterprises, which are not vested with the right of ownership of the property assigned to them by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. Unitary enterprises can be based on the right of economic management or operational management. But only federal government enterprises are created with the right of operational management, therefore municipal unitary enterprises can be based on the right of economic management.

Possession, use and disposal of property owned by the right of economic management is limited by the right of control on the part of the owner (municipal entity represented by local government bodies) over the intended use and safety of property owned by the enterprise. As well as the right of the owner to receive part of the profit from the use of property that is under the economic control of the enterprise he created and the prohibition on disposing of property without the consent of the owner.

Local government bodies have the right to create municipal institutions and assign to them property that is in municipal ownership.

In accordance with Article 296 of the Civil Code of the Russian Federation, property belongs to the institution with the right of operational management. In this regard, the property owner has the right to seize excess, unused or improperly used property and dispose of it at his own discretion.

The advantages of creating a municipal unitary enterprise are the receipt of income in the long term in the form of deductions from net profit and fees for the use of municipal property, the ability to solve problems of socio-economic development of the territory.

Also, within the framework of this management method, municipalities can act as founders of business entities.

The main criteria for choosing one or another form of use of property is the significance of the object for solving local issues and the effectiveness of various forms of use from the owner’s point of view. See: Markvart E., Savranskaya O., Starodubskaya I., Recommendations for the formation of economic and financial foundations of local self-government / E/Under the general editorship of E. Marquart. - M., 2004..

The right of economic management is used to indicate the scope of real rights of a unitary enterprise to the state or municipal property assigned to it (Article 294 of the Civil Code). In its structure, it represents a “cast” (or, in the words of E.A. Sukhanov, a prototype) of the right of ownership, since its content includes the same powers of ownership, use and disposal. Everything, as before, comes down to the limits of the exercise of these powers, the methods of their emergence and termination, as well as the real powers retained by the owner.

A municipal unitary enterprise, to which property belongs under the right of economic management, owns, uses and disposes of this property within the limits determined in accordance with the Civil Code of the Russian Federation (Article 294). General restrictions on the powers of a unitary specific enterprise to own, use and dispose of municipal property are determined by the subject and goals of its activities, enshrined in the charter.

A feature of the legal status of an institution is the possibility of it carrying out “income-generating” (i.e., entrepreneurial) activities in accordance with the constituent documents, i.e., with the permission of the owner enshrined in them. This situation is not covered by the right of operational management.

Municipal contracting system.

Under the municipal contracting system, construction and the performance of certain functions are carried out not by municipal services, but by private contractors temporarily hired on a competitive basis and receiving a portion of the profits. The contracting system plays a very important role in modern municipal economies, but its effective application requires compliance with certain principles and rules, a strict accounting and control system.

In the Russian Federation, this method is regulated by Federal Law dated July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, work, and services for state and municipal needs” See: Federal Law dated July 21, 2005 No. 94-FZ// Collection of legislation of the Russian Federation dated October 22, 2007, Russian newspaper No. 237 dated October 24, 2007.

The next form of disposal of municipal property is the lease of municipal property.

It is used not for the purpose of relieving local governments of the costs of operating property, but only if it is impossible to dispose of municipal property in a more profitable way.

Municipal property is leased to private individuals for a certain period of time. In this case, the municipality, for the duration of the lease, completely renounces the income received from the use of the rental property in exchange for fixed payments regularly paid by the tenant. The tenant is usually engaged in activities not related to the implementation of instructions from local authorities to resolve certain issues of local importance, which reduces the possibilities of municipal regulation.

Municipal concession.

It represents a concession by the municipality for a certain period and on contractual terms to a private economic entity of the right to organize and conduct business in a certain field of activity. In fact, the use of such a system means the inability of the municipality to manage one or another part of the local economy.

On the issue of using the concession mechanism, two experiences of using the concession mechanism are described in the literature.

In the first case, experts note that with concessions, about 50% of the profit received as a result of the organization’s activities passes from public to private hands. At the same time, concessionary operation of generally useful enterprises most often does not ensure either the interests of consumers (high tariffs) or the interests of employees of such enterprises (minimum wages).

Local authorities find themselves bound by a contract for many years in advance and cannot refuse unprofitable concession agreements. Local authorities, as a rule, do not have real tools to combat large external, especially foreign, concessionaires.

Supporters of such a system are exclusively representatives of private business. Concession of municipal property, construction of municipal facilities, operation of buildings is not economically effective and is of little use in the practice of municipal economy See: Utkin E.A., Denisov A.F. "State and municipal management" - M.: Association of Authors and Publishers "Tandem" Publishing House "Ekmos", 2001 - P. 304..

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