Women and men in the primitive era. Sex relations among the most ancient people of the Stone Age

Subjects of private property are citizens and legal entities with civil legal capacity. The private property of citizens and legal entities is contrasted with public property, the subjects of which are public legal entities (the state and state entities, municipalities).

In accordance with Part.

1 tbsp. 35 of the Constitution of the Russian Federation, the right of private property is protected by law. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can be carried out only subject to preliminary and equivalent compensation (Parts 2 and 3 of Article 35 of the Constitution of the Russian Federation). As the Constitutional Court of the Russian Federation indicated, this constitutional right of man and citizen also applies to legal entities to the extent that this right by its nature can be applied to them1.

Despite the fact that legal entities, unlike citizens, may have their own internal corporate structure and certain property relations with their participants, this does not manifest itself in civil circulation: legal entities and citizens act as owners of their property as independent subjects of civil law.

The founders (participants) of such legal entities either do not have any property rights at all (public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions), or have obligatory rights of claim in relation to legal entities (economic partnerships and societies, production and consumer cooperatives) (para.

2 and 3 tbsp. 48 Civil Code). The right of ownership to the property contributed as contributions belongs to the legal entity itself.

1 See paragraph 4 of the resolution of the Constitutional Court of the Russian Federation of December 17, 1996 20-P // SZ RF. 1997. No. 1. Art. 197.

An exception is legal entities that own property with other limited proprietary rights (state and municipal enterprises, as well as institutions financed by the owner). The right of ownership to the property of such legal entities is vested in their founders, and the legal entities themselves are not owners and exercise the rights of ownership, use and disposal of this property within the limits established by the relevant legal regime (the right of economic management or operational management).

Among the subjects of law private property You can also identify citizens engaged in entrepreneurial activities without forming a legal entity (individual entrepreneurs). In order to determine tax obligations to the budget, such citizens must keep separate records of property used for business activities1. Despite the separation of “entrepreneurial” property for the purpose of tax accounting, in the civil sense, property individual entrepreneur not legally delineated. He can use this property both for business purposes and as personal property necessary for the exercise of inalienable rights and freedoms2. If an individual entrepreneur is held liable for his debts, he will be liable to creditors with all his property owned, including those not used in business activities.

citizens

Citizens are private owners of the property they own. In this capacity, they can be the owners of any property, including various types of real estate. The Constitution of the Russian Federation proclaimed the possibility of having land in private ownership ( land), as well as others Natural resources(Part 2, Article 9, Article 36). However, current legislation does not provide for the possibility of privately owning subsoil plots. Citizens are the owners of the property of the institutions (non-profit organizations) they create. They may own and different kinds movable property, including equipment, vehicles and other "means of production", as well as money and securities.
Currently, the traditional restrictions on the objects of citizens' property rights, traditional for the previous legal order, have disappeared - the number or size of residential premises, including apartments, dachas and garden houses, vehicles, livestock, “means of production”, etc. (which, however, was first declared in property laws). In accordance with paragraph 2 of Art. 213 GK not nearzhat restriction quantity, as well as the value of objects of property rights of citizens, unless such a limitation is caused by the goals of protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state. Thus, the law provides for very broad, although not unlimited, opportunities fordevelopment of private property of citizens and creates the necessary legal guarantees for it.

The object of citizens' property rights cannot only be property withdrawn from circulation, since it constitutes the object of exclusive property of the state. Specific types of objects that cannot belong to citizens by right of ownership must be directly indicated in the law (clause 2 of Article 129 of the Civil Code) and cannot be established by by-laws. The same applies to objects that can be owned by private individuals only under special permission, i.e. limited in circulation (paragraph 2, paragraph 2, article 129 of the Civil Code).

Ownership rights of citizens to land plots

In accordance with paragraph 1 of Art. 15 of the Land Code, citizens can acquire ownership of land plots as real estate. At the same time, they have equal access with other entities to acquire ownership land plots from state or municipal lands. Refusal to provide them as the property of citizens is not allowed, unless these plots are withdrawn from circulation, are not reserved for state or municipal needs or there is a ban federal law for their privatization (clause 4 of article 28 of the Land Code).

If a publicly owned land plot is already used by a citizen legally, he can acquire ownership of it in a simplified manner ( brevi manu - « short hand"): the tenant of the land or the owner of the building, structure or structure located on it has preemptive right purchase of such a land plot, and the latter also has the “exclusive right” to privatize it (clause 3 of article 35, clause 1 of article 36 of the Land Code); citizens using a land plot under a limited property right of lifelong inheritable ownership can acquire ownership of it without a competition or auction, and free of charge (unless we are talking about individual entrepreneurs purchasing land for business needs). The acquisition of ownership of a land plot by a citizen who is the owner of a building, structure or structure located on it contributes to compliance with the principle superficies solo cedit(“the building follows the ground”), enshrined in sub. 5 p. 1 art. 1 ZK.

As a general rule, publicly owned land plots are provided to citizens for a fee. (although the legislation may also provide for cases of their free provision into ownership) and in compliance with the regulations established limit(maximum and minimum) sizes(Article 33 of the Land Code) (although the number of such plots owned by one citizen is not formally limited)1. The procedure for granting land plots to citizens from state or municipal lands is determined by the Land Code, and not by the legislation on privatization2. The acquisition of land plots by citizens from other private owners is carried out on the grounds and in the manner provided for by the Civil Code (alienation transactions, inheritance, etc.).

The powers of citizens as owners of land plots are determined by the general rules of civil law on the content of property rights. The law specifically stipulates the owner’s right to development of your land plot, establishing general rule on his acquisition of ownership rights to real estate built on the site (Article 263 of the Civil Code; subparagraph 2, paragraph 1, Article 40 of the Land Code). At the same time, citizens as private land owners have the right to exercise their powers freely (at their own discretion), if this does not cause damage environment and does not violate the rights and legitimate interests of other persons (clause 1 of article 260 and clause 3 of article 209 of the Civil Code; clause 1 of article 43 of the Land Code), for example, neighboring land users.

As a general rule, ownership of a land plot extends to those located within its boundaries. superficial (soil-vein) layer and water bodies, forest and plants located on it (clause 2 of article 261 of the Civil Code; paragraph 1 of clause 2 of article 6 of the Land Code). Sites subsoil constitutes an independent object of property rights, without automatically becoming an object of property rights of the owner of the land plot (and without constituting its affiliation). This circumstance allows them to be used for mining, laying underground earth structures and for similar purposes without the consent of the owner of the land plot. At the same time, the latter is given the right to use everything that is under the surface of his land plot, in compliance with the requirements of the law on subsoil, other laws and the rights of other persons (clause 3 of article 261 of the Civil Code; clause 1 of article 40 of the Land Code). We are usually talking about the free extraction and use by citizens of common minerals (sand, gravel, clay, etc.) located on their plots, and the construction of cellars, garages and similar underground structures of a domestic nature.

Land plots owned by citizens, the use of which is not related to their entrepreneurial activities, including those located under the only suitable for permanent residence citizen with residential premises, in accordance with paragraph 1 of Art. 446 of the Code of Civil Procedure cannot be the object of recovery by creditors, except in cases of their collateral (mortgage).

Due to the special social significance of land plots, the right of private ownership to them is subject to a number of legislative restrictions in the public interest. After all, the number and composition of such objects are objectively limited due to obvious natural reasons, so their use always somehow affects the interests of society as a whole. Citizens - owners of land plots are obliged to use them strictly according to intended purpose(for residential development, for recreation, for agricultural production, etc.) (clause 2 of article 7 of the Land Code) and in permitted ways that do not harm the environment, including the earth as natural object, as well as carry out the necessary land protection measures, comply with the requirements of environmental, sanitary-hygienic and other rules and regulations, prevent pollution and deterioration of soil fertility (Article 42 of the Land Code). Failure to comply with these requirements entails unfavorable consequences for the owner, up to and including seizure of the land plot used by him in court (Articles 284-286 of the Civil Code; clause 3 of Article 6 of the Law on the Turnover of Agricultural Land).

Ownership rights of citizens to residential premises

Residential premises are recognized isolated room,suitable for permanent residence of citizens, i.e. meeting the established sanitary, technical and other rules: residential building (part of it), apartment (part of it), room (Articles 15 and 16 of the Housing Code). Everything is overnumerical objects also refer to real estate. The grounds for acquiring citizens’ ownership rights to residential premises are:

  • individual housing construction;
  • full payment of the share contribution for cooperative housing;
  • contracts for the purchase and sale of housing (including obtaining for these purposes loans or targeted loans secured by constructed housing, i.e. secured by its mortgage, as well as various targeted state and municipal subsidies and other benefits);
  • shared (collective) construction agreements and other civil legal forms of financing housing construction (participation in such financing);
  • transactions of exchange and donation of housing, rent and lifelong maintenance

with dependents, rental housing with subsequent purchase;

  • acceptance of inheritance in the form of residential premises;
  • acquisition of ownership rights to residential buildings or premisesby prescription of possession (Article 234 of the Civil Code).

An important reason for citizens to acquire private housing has become privatization residential premises occupied by them in houses of state and municipal housing stock. It represents a free transfer to citizens of residential premises occupied by them on the basis of rental agreements in the houses of the specified housing stock and is formalized transfer agreement, concluded by a citizen with the local administration (or with the corresponding state or municipal enterprise or institution). Since state registration This agreement gives the citizen the right of ownership to the occupied residential premises. At the same time, relations of common (shared or joint) ownership of citizens for residential premises privatized in this manner could also appear1. Emergency residential premises, as well as residential premises in dormitories, closed military camps and service premises were excluded from the list of privatization objects (decisions on the privatization of service residential premises and communal apartments can be made by their owners or bodies authorized by them) .

The principles of housing privatization were its free, goodfreelythere is And oncet: a citizen who has received ownership of housing through privatization does not subsequently have the right to freely privatize other housing that he received for any reason in the state or municipal housing stock3.
Housing owned by citizens is not limited in quantity, size and cost. But at the same time, homeowners have the right to use it only for the intended purpose(Article 288 of the Civil Code; Article 30 of the Housing Code), not allowing, in particular, the rental of residential premises for various offices, offices, warehouses, the placement of industrial, handicraft and other industries in them, as well as their sale or other alienation for specified purposes without first transferring these premises to the non-residential category4. A citizen who owns a residential building, privatized apartment or other residential premises has the right to use them for personal residence and residence of members of his family, as well as to alienate these things and rent them out for temporary use to other persons only for similar purposes.

Owners are obliged bear the burden of maintaining their residential premises (as well as the common property of the apartment building in which they live), maintain these premises in proper condition and prevent mismanagement of them, respect the rights and legitimate interests of neighbors. Violation of these rules may become the basis for the court, at the request of a local government body, to make a decision to sell such residential premises with public auction, i.e. O forced alienation belonging to the owner of the property. True, the latter must be before Warnly warned by the authority local government about the need to eliminate the violations committed by him (Article 293 of the Civil Code).

It should be noted again that, despite the legislative recognition of apartments and rooms in an apartment building as independent real estate, they are neither actually nor legally adapted to be independent real estate objects. The contradictions and problems that arise in this case lead to the conclusion that the legislative declaration of their real estate as independent objects civil legal relations- in reality represents legal fiction, brought to life by the acute housing problem and certain shortcomings of legislation.

Thus, to ensure normal operation of apartments in multi-apartment residential buildings the law is forced to recognize their owners share in the right to the common property of the house- landings, elevators, attics and basements, sanitary and other equipment, land under the house, etc. (Article 289 and paragraph 1 of Article 290 of the Civil Code; paragraph 1 of Article 36 of the Housing Code). However, homeowners are prohibited from alienating their share in the right to this property and performing other actions entailing its transfer separately from the right of ownership of housing, or to carry out its allocation in kind (clause 2 of article 290 of the Civil Code; clause 4 of article 37 LCD). In other words, such a share does not become an independent object of law2.

Ownership rights of individual entrepreneurs

Citizens carrying out entrepreneurial activities without creating a legal entity (individual entrepreneurs) have the right to own various “means of production”, including those used by them with the involvement of hired labornicknames Lack of legal entity in in this case only means that for all his obligations, including to hired employees, such an individual entrepreneur, in accordance with Art. 24 GK responds with all his property, which, according to the current legislation, can be foreclosed on (i.e., with the exception of the property specified in paragraph 1 of Article 446 of the Code of Civil Procedure). Extension of the rules on legal entities to the activities of individual entrepreneurs - commercial organizations(Clause 3 of Article 23 of the Civil Code) means the application to the transactions they carry out of the specified special rules concerning the specifics of their execution, execution, grounds for liability for non-performance, etc.

The property of an individual entrepreneur acting as a participant in a general partnership (or a general partner in a limited partnership) also includes his share in share capital such partnership. With the consent of other participants in the general partnership, it is possible to transfer a share or part thereof as to another the participant and a third party (Article 79 of the Civil Code). In this case, all related (corporate) rights are transferred to the acquirer of the share or part thereof. But foreclosure by creditors on the share of a general partner in the joint capital is allowed only if the individual entrepreneur does not have other property to cover debts (Article 80 of the Civil Code).

Individual entrepreneurs like individuals has the right to own any other property that may constitute the object of citizens’ property rights. They don't isolate, at least legally, the property used by them for business activities is from their other property. That is why all the property belonging to them (with the exception indicated above) may be subject to recovery by any of their creditors (which, in particular, is reflected in the peculiarities of the regulation of bankruptcy of individual entrepreneurs in accordance with the rules of Article 25 of the Civil Code and Article 214 -216 of the Bankruptcy Law).

The current legislation (Civil Code of the Russian Federation) proceeds from the fact that all property in the Russian Federation can be in private, state and municipal ownership.

Subjects of property rights, according to Article 212 of the Civil Code of the Russian Federation, are:

1) the Russian Federation and its constituent entities in relation to state property;

2) municipalities in relation to municipal property;

3) citizens and legal entities in relation to private property.

Civil legislation is based on the recognition of the equality of all owners (Article 1 of the Civil Code of the Russian Federation) and protects the rights of all owners equally (Article 212 of the Civil Code of the Russian Federation).

But despite this, there are certain differences between the powers of subjects of property rights. In accordance with Article 212 of the Civil Code of the Russian Federation, the law may establish specifics of the acquisition and termination of ownership of property, specifics of ownership, use and disposal of property, depending on whether it is in private, state or municipal ownership. The law also defines the types of property that can only be in state or municipal ownership.

Ownership of property by citizens and legal entities means that this property is in private ownership. The current legislation was replaced by the term “private property” a large number of various concepts existing in Soviet law: socialist, collective, personal, individual labor and small private property.

The subjects of private property rights are citizens and legal entities. Article 213 of the Civil Code of the Russian Federation directly provides that any property may be owned by citizens and legal entities, with the exception of certain types of property that, in accordance with the law, cannot belong to citizens or legal entities, and the quantity and value of property owned by citizens and legal entities persons may be limited only on the basis of law.

In accordance with paragraph 3 of Article 213 of the Civil Code of the Russian Federation, legal entities that are commercial and non-profit organizations (except for state and municipal enterprises, as well as financed institutions), are the owners of property transferred to them as contributions (contributions) by their founders (participants, members), as well as property acquired by these legal entities for other reasons.

The current civil legislation has abandoned the declarations of “public property”, “property of the people” in relation to state property and no longer considers the people as the sole owner and possessor of all state property.

Civil Code of the Russian Federation, based on federal structure of the Russian Federation, recognizes the plurality of subjects of state ownership. State property in the Russian Federation is property owned by the Russian Federation (federal property), and property owned by subjects of the Russian Federation - republics, territories, regions, cities federal significance, autonomous region, autonomous okrugs (property of a constituent entity of the Russian Federation).

Consequently, the subjects of state property rights are the Russian Federation as a whole and each subject of the Russian Federation, full list which are contained in the Constitution of the Russian Federation. These subjects of property rights exercise their rights in relation to the property they own and are not liable for each other’s obligations. Exists complex order classification of state property as federal property and property of constituent entities of the Russian Federation, provided for by the current legislation of the Russian Federation. The division of property between the Russian Federation and its constituent entities received its legal codification in connection with the adoption of Resolution of the Supreme Council of the Russian Federation of December 27, 1991 N 3020-1 “On the division of state property in the Russian Federation into federal property, state property of the republics within the Russian Federation, territories, regions, autonomous region, autonomous okrugs, cities of Moscow and St. Petersburg and municipal property."

The rights of the owner on behalf of the Russian Federation and the constituent entities of the Russian Federation are exercised, in accordance with Article 125 of the Civil Code of the Russian Federation, by bodies state power within the framework of their competence established by the acts defining the status of these bodies. In accordance with the current legislation of the Russian Federation, the rights of the owner in relation to federal state property are exercised by the government of the Russian Federation, as well as specially created bodies, for example, the Ministry of Property Relations of the Russian Federation.

The range of objects of state property rights is not limited, since any property can be owned by the state. According to clause 2 of Article 214 of the Civil Code of the Russian Federation, land and other natural resources that are not owned by citizens, legal entities or municipalities, are state property. Some property is exclusively state property and can only belong to the Russian Federation.

State-owned property is assigned to state enterprises and institutions for possession, use and disposal in accordance with current legislation. State enterprises and institutions acquire the right of economic management and the right of operational management for the state property transferred to them, respectively, and independently use the property transferred to them within the framework of the granted property rights. The legal regime of limited property rights of enterprises and institutions will be discussed further.

State ownership undoubtedly has its own specifics, because:

1) the state may own any property, including those withdrawn from circulation;

2) some methods of the emergence of property rights are inherent only in state property, for example, the collection of taxes, and in addition, only the state is given the right to forcibly seize property from other owners;

3) the state independently establishes the rules for the use of its property.

Municipal property is, according to clause 1 of Article 215 of the Civil Code of the Russian Federation, property owned by city and rural settlements, as well as other municipalities.

In accordance with paragraph 2 of Article 125 of the Civil Code of the Russian Federation, on behalf of municipalities, the rights of the owner are exercised by local government bodies.

The range of municipal property objects is much narrower than the range of state property objects. As a rule, objects of non-production sphere, social, everyday and cultural purposes (housing stock, engineering infrastructure objects), as well as industrial purposes, educational institutions, healthcare institutions, and culture are assigned to municipal ownership. Property in municipal ownership is assigned to municipal enterprises and institutions that exercise ownership, use and disposal of property within the framework of the real rights transferred to them.

Private property rights- this is the right of ownership of individuals and legal entities not related to public legal entities who use their property to satisfy their private (non-public) interests.

Article 213. Property rights of citizens and legal entities

Citizens and legal entities may own any property, with the exception of certain types of property that, in accordance with the law, cannot belong to citizens or legal entities.

The quantity and value of property owned by citizens and legal entities are not limited, except in cases where such restrictions are established by law for the purposes provided for in paragraph 2 of Article 1 of this Code.

Commercial and non-profit organizations, in addition to state and municipal enterprises, as well as institutions, are the owners of property transferred to them as contributions (contributions) by their founders (participants, members), as well as property acquired by these legal entities on other grounds.

Public and religious organizations (associations), charitable and other foundations are the owners of the property acquired by them and can use it only to achieve the goals provided for by their constituent documents. The founders (participants, members) of these organizations lose the right to property transferred by them into the ownership of the corresponding organization. In the event of liquidation of such an organization, its property remaining after satisfying the claims of creditors is used for the purposes specified in its constituent documents.

1. "The right of private property of citizens" means ownership of property by a citizen or group of citizens who do not form a legal entity and the opportunity given to them to use this property to satisfy private, individual interests.

Subjects of private property rights of citizens are all individuals, without exception, from birth to death(regardless of age/status/capacity) – follows from Art. 18 Civil Code of the Russian Federation.

Citizen groups:

·peasant (farm) economy.

do not have the status of a legal entity. The subjects are not social communities, but citizens who are directly members of the community. The same can be said regarding individual entrepreneurs.

Objects of private property of citizens:



Currently, the traditional restrictions on property rights for the previous Soviet legal order - the number or size of residential premises, vehicles, etc. - have disappeared. Clause 1 Art. 213 of the Civil Code of the Russian Federation states that a citizen can own any property, with the exception of property that, in accordance with the law, cannot belong to citizens. In accordance with paragraph 2 of this article, the quantity, as well as the value of objects of property rights of citizens, are not subject to limitation, unless such a limitation is caused by the goals of protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state .

Specific types of objects that cannot belong to citizens by right of ownership must be directly indicated in the law (this is stated in paragraph 2 of Article 129 of the Civil Code) and cannot be established by by-laws. The same applies to objects that can be owned by private individuals only with special permission, i.e. limited in circulation.

Features of the emergence of the right of private property of citizens:

1. Ordinary general civil methods.

2. Special methods:

a) Participation in the privatization of state and municipal property (this method is regulated primarily by the law of July 4, 1991 “On the privatization of housing stock in Russian Federation» N 1541-1.

b) A member of a housing, housing-construction, dacha, garage or other consumer cooperative acquires ownership of an apartment, dacha, garage or other premises that was provided to him by the cooperative, after full payment of the share contribution for the specified property (clause 4 of Article 218 Civil Code of the Russian Federation)

c) Income from individual classes entrepreneurial activity.

Features of termination of private property rights of citizens:

1. General civil methods.



2. Additional to the general civil methods of basic termination of property rights of citizens (only for citizens):

a) Deprivatization of residential premises (the reverse process in relation to privatization). Art. 9.1 Federal Law "On Privatization) of the Housing Stock of the Russian Federation" dated July 4, 2001 N 1541-1 - until January 1, 2010, you can use this method. The premises are returned to state ownership, and the citizen lives in it as a social worker. the employer (the risk of death also passes to the state).

b) Lifetime maintenance agreement with dependents. ( an agreement under which “the recipient of the rent, a citizen, transfers his residential house, apartment, land plot or other real estate into the ownership of the rent payer, who undertakes to provide lifelong maintenance with the dependent of the citizen and (or) a third party (persons) indicated by him” (Part. 1 Article 601 of the Civil Code of the Russian Federation))

3. Restriction on the use of certain civil methods of termination of property rights. N/a, donation for minors and incompetents.

Also, Article 446 of the Code of Civil Procedure of the Russian Federation establishes a restriction on the collection of debts of a citizen. In accordance with paragraph 1 of this article, collection cannot be applied to residential premises (parts thereof), if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence; property necessary for professional occupations citizen-debtor; ordinary items home environment and household items, personal items etc.

Features of the exercise of private property rights of citizens:

1. Citizens have general legal capacity - they can use their property to achieve any goals that do not contradict the law, including for doing business (it is necessary to comply with the conditions of registration as an individual entrepreneur with the tax service.)

The legislator has established limits for the exercise of private property rights in relation to certain objects. For example, a ban on placing industrial production in residential premises, as well as violation of the rights and interests of neighbors. The Civil Code establishes liability for violation of these regulations (Article 293 of the Civil Code of the Russian Federation). At the same time, it is necessary to distinguish between the limits of the exercise of property rights, which are established by law, with restrictions on property rights, which are based on the will of the owner (mortgage, lease) or the court (seizure of property).

2. Features of the exercise of the powers of disposal: Age and legal capacity affect the ability of a citizen to independently exercise the powers of disposal.

Exist special rules orders in this case are Article 37 of the Civil Code of the Russian Federation (and outside Chapter 3 of the Civil Code of the Russian Federation). Ward child (control of guardianship and trusteeship authorities)<->child living with parents (not actually regulated).

The subject of private property rights can be any citizen of the Russian Federation, both individually and together with other citizens, on the basis of common shared or joint ownership (for example, the property right of spouses, the property right of several family members to a privatized apartment).

The property of citizens will be created and increased through income from participation in production and other disposal of two labor abilities, from entrepreneurial activity, from housekeeping and income from funds invested in credit institutions, shares and other securities, as well as from the acquisition of property by inheritance and on other grounds not contrary to the law.

^ The objects of private property rights of citizens are land plots, residential buildings, apartments, dachas, garden houses, garages, household and personal consumption items, cash, securities, as well as enterprises, funds mass media and other property complexes for production purposes: buildings, structures, vehicles, working capital and other means of production^/ ^The object of private property rights of citizens can also be any other property, with the exception of certain types of property provided for in legislative acts, which, for reasons state and public security (or in accordance with international obligations) cannot belong to a citizen (things withdrawn from circulation)^

^ The quantity and value of property, if it is acquired by a citizen in accordance with the law or agreement, is not limited. Among the objects of private property rights, an apartment, a residential building, other premises and buildings are specially distinguished) Member of a housing construction cooperative, dacha and garage cooperative, gardening partnership or other

association, who contributed his share for an apartment, dacha, garden house, garage, other premises or building (provided for his use), acquires ownership of this property.

The following are recognized as subjects of private property rights of legal entities: business companies and partnerships (mixed partnerships, limited liability partnerships, closed and open joint-stock companies), collective and rental enterprises, business associations.

The objects of their property rights can be any property, provided that it is necessary to achieve the statutory goals of the corresponding legal entity.1 The list of objects of property rights of cooperatives includes the property of enterprises and organizations created by them, buildings, structures, machinery, equipment, vehicles, productive and draft animals, manufactured products, goods, cash.

The range of objects of ownership of rental enterprises is less extensive. They own by right of ownership the products they produce, the income received and other property acquired at the expense of these enterprises, minus rent and other obligatory payments.^

Recognizing the ownership rights of public organizations, the law classifies them as non-profit legal entities. However, public organizations can also engage in entrepreneurial activities, acquire and create enterprises and other property to carry out this activity (but only if this is necessary to fulfill their statutory tasks).

Various public organizations are recognized as subjects of property rights of public organizations: trade unions, political parties, various voluntary societies (scientific, technical, physical education and sports, etc.), creative unions, charitable and other public foundations, religious organizations. True, provided that they are all legal entities.

With multi-link public organizations, each of its branches is recognized as a legal entity, and therefore the owner of its property (no matter in what part of the Russian Federation the link is located). As an exception, the bearer of property rights may be a multi-unit public organization that owns, as a single whole, all the property owned by its specific branches and units. Naturally, this should be specifically provided for in the charter of this multi-level public organization.

I The objects of ownership of public organizations can be buildings, structures, housing stock, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares and other securities, as well as other property. Among the objects of property rights religious organizations the law specifically identifies objects of worship, objects of production, social and charitable purposes

More on topic 4. Subjects and objects of private property rights:

  1. § 5. The right of private ownership of the property of a peasant (farm) enterprise: subjects and objects of private property rights
  2. 6.2. Objects and subjects of ownership of natural resources
  3. Lecture 7. Ownership and other property rights 7.1. Concept, content of property rights. 7.2. Acquisition and termination of ownership. 7.3. Types of property rights. 7.4. Common property right. 7.5. Property rights of persons who are not owners. 7.6. Protection of property rights and other proprietary rights.
  4. § 4. Features of the content of property rights of various subjects of civil law
  5. 7.4. Subjects, objects and content of environmental rights

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