Legal Problems of Complex Development of Territories (Part 2)

The article deals with the problems of integrated development of territories in the context of site planning, urban zoning and methods of disposal of public property: privatization, concession agreements, public-private partnerships. Current legislation, including laws of regions of the Russian Federation, was analyzed in detail and gaps in legislation were found. The paper emphasizes the need for further improvement of legislation and law-enforcement practices. The article also focuses on the withdrawal of land plots and objects located on them for the purposes of integrated development of territories and fixing rent rates. Recommendations are provided with regard to changes in existing legislation

Public Property Management in Russian Federation: Basic Principles (Part 1)

The paper deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation

Problems of Public Property Management in the Russian Federation

In the article current problems of public (frst of all, federal) property management are considered and ways to the solution of the available gaps in legal regulation are formulated. The inconsistency of standards of the budgetary legislation and legislation on management of state ownership is noted. The relations on of public property management are considered as a component of fnancial legal relationship in which subjects of public property management at the same time are participants of the budgetary process. The public property on a legal regime is equated to budget funds. Indissoluble communication of the relations on planning of use of public property and the budgetary legal relationship is shown. It is offered to concentrate norms on public property management in the Budgetary code, except for the norms regulating a transactions order on alienation of property from public property. Special attention is paid to problems of property of treasury and the right of operational management. The author recommends to refuse category of operational management as real right by the civil legislation for state institutions, having replaced it with a concept of management within powers of the administrator of budget revenues and the manager of budgetary funds and to include norms on property of treasury in the Budgetary code. Classifcation of objects of public property is offered. The problem of differentiation of state ownership and optimization of competence of bodies for management of public property is considered. Offers on introduction of amendments to regulations on federal executive authorities, including about Federal Agency for State Property Management, regarding property management and distribution of property between the subordinated organizations are formulated. The attention to need of standardization of the legislation on public property management and payments behind use of public property, frst for the land plots is paid

Constitutional Court’s of the Russian Federation Impact on Public Property (Part 2)

The article focuses on the main principles of public property as Constitutional Court of the Russian Federation formulates them. The author reveals actual problems of public property as a complex institution, including mainly constitutional, administrative, financial, and in a less degree civil law. There is a direct relation between public property, public finance, budget, legal regime of the territory concerned and citizens’ public rights. Establishment of a legal regime of the territory helps to preserve current public land and property usage and provides public rights. The ability of public property unilateral transfer to another level of public ownership is justified. Meantime in the context of specialized public housing stock problem the author suggests sensitive decision for the legal status of quarters as a specialized commercial housing stock. Legal positions of the Constitutional Court promote effective solution to the conflict within the community and provide guidance for the legislative and law-enforcement activity

Legal Problems of Complex Development of Territories (Part 3)

The article deals with the problems of integrated development of territories in the context of site planning, urban zoning and methods of disposal of public property: privatization, concession agreements, public-private partnerships. Current legislation, including laws of regions of the Russian Federation, was analyzed in detail and gaps in legislation were found. The paper emphasizes the need for further improvement of legislation and law-enforcement practices. The article also focuses on the withdrawal of land plots and objects located on them for the purposes of integrated development of territories and fixing rent rates. Recommendations are provided with regard to changes in existing legislation

Constitutional Court’s of the Russian Federation Impact on Public Property (Part 1)

The article focuses on the main principles of public property as Constitutional Court of the Russian Federation formulates them. The author reveals actual problems of public property as a complex institution, including mainly constitutional, administrative, financial, and in a less degree civil law. There is a direct relation between public property, public finance, budget, legal regime of the territory concerned and citizens’ public rights. Establishment of a legal regime of the territory helps to preserve current public land and property usage and provides public rights. The ability of public property unilateral transfer to another level of public ownership is justified. Meantime in the context of specialized public housing stock problem the author suggests sensitive decision for the legal status of quarters as a specialized commercial housing stock. Legal positions of the Constitutional Court promote effective solution to the conflict within the community and provide guidance for the legislative and law-enforcement activity

Legal Problems of Complex Development of Territories (Part 1)

The article deals with the problems of integrated development of territories in the context of site planning, urban zoning and methods of disposal of public property: privatization, concession agreements, public-private partnerships. Current legislation, including laws of regions of the Russian Federation, was analyzed in detail and gaps in legislation were found. The paper emphasizes the need for further improvement of legislation and law-enforcement practices. The article also focuses on the withdrawal of land plots and objects located on them for the purposes of integrated development of territories and fixing rent rates. Recommendations are provided with regard to changes in existing legislation

Public Property Management in Russian Federation: Basic Principles (Part 2)

The article deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation