However, the exercise of the right of use is associated with the need to own property.
Under this type of regulation, civil, labor, family, housing and other legal relations are created (for example, a person has the right to enter into any agreements, except for those prohibitions provided by law); general prohibition (this type of legal regulation is also called exemption from prohibition) – a type of legal regulation, the basis of which is a general prohibition of certain types of actions, but formulates a specific exemption from it, ie an exception to the general prohibition. This type of legal regulation implements the principle: everything is forbidden, except what is expressly permitted by law. This type of regulation establishes the legal status and functions of officials, civil servants, ministers, prosecutors, judges, mayors and others. (for example, a court in an already resolved criminal case has the right to return to it only in cases expressly provided by law).
In a democratic state, the application of the first type of legal regulation (general permission) is characteristic of regulating, first of all, the behavior of people, and the second (general prohibition) – to regulate the activities of the state, its bodies and their officials.
September 28, 2010
Characteristics of state and communal property
The subject of state property law is the state, and the subjects of communal property law are territorial communities of villages, settlements, cities
Based on the provisions of the Constitution of Ukraine, it should be noted that the subject of state property rights is the state formed by the Ukrainian people (except for the exclusive property of the Ukrainian people).
According to Art. 34 of the Law of Ukraine "On Property" national property (according to the Constitution of Ukraine – state) are:
land, property that ensures the activities of the Verkhovna Rada of Ukraine and the state bodies formed by it; property of the Armed Forces, state security bodies, border and internal troops; defense facilities; unified energy system; public transport systems, communications and information of national importance; state budget funds; National Bank, other banks and their institutions and credit resources created by them; reserve, insurance and other funds; property of higher and secondary special educational institutions; property of state enterprises; objects of socio-cultural sphere or other property that constitutes the material basis of Ukraine’s sovereignty and ensures its economic and social development; other property transferred to the ownership of Ukraine by other states, as well as legal entities and citizens.
In the given list of objects of the property right of the state it is possible to allocate two categories of property, namely:
property that cannot be owned by other subjects of ownership at all (for example, defense facilities. National Bank); property, which in principle may be owned by other entities, but in this case for its functional purpose is designed to ensure national interests.
Property that ensures the activities of the President of Ukraine, the Cabinet of Ministers of Ukraine and the bodies formed by them should also be considered state property.
Thus, any property can be legally owned by the state, including property that cannot be owned by other entities. In particular, the Resolution of the Verkhovna Rada of Ukraine "On the right of ownership of certain types of property" of June 17, 1992 p. (with the following changes) the List of property that cannot be owned by citizens, public associations, international organizations and legal entities of other states on the territory of Ukraine was approved.
Privatization legislation establishes a list of state-owned objects that are subject to and not subject to privatization (for example, Article 5 of the Law of Ukraine "On Privatization of State-Owned Enterprises").
According to Art. 9 of the Law of Ukraine "On Property" land, its subsoil, airspace, water and other natural resources of its continental shelf and exclusive (marine) economic zone are the objects of exclusive property of the people of Ukraine. This rule, but in a slightly different version, is contained in Art. 13 of the Constitution of Ukraine.
The Law of Ukraine "On Property" recognized administrative-territorial units represented by oblast, rayon, city, settlement, and village councils of people’s deputies as subjects of communal property rights as a kind of state property right. However, according to the Constitution of Ukraine, the subjects of communal property, separated from state property, have already become territorial communities of villages, settlements, cities, which directly or through the local governments formed by them manage communally owned property.
According to Art. 35 of the Law of Ukraine "On Property" to the objects of communal property rights include: property that ensures the activities of the relevant councils and the bodies formed by them; funds of local budgets, state housing stock, objects of housing and communal services; property of public education, culture, health care, trade, consumer services; property of enterprises; local energy systems, transport, communication and information systems, including nationalized property transferred to the relevant enterprises, institutions, organizations; other property necessary to ensure the economic and social development of the territory, as well as property transferred to the ownership of the administrative-territorial unit by other subjects of ownership.
In Art. 142 of the Constitution of Ukraine states that the material and financial basis of local self-government is movable and immovable property, local budget revenues, other funds, land, natural resources owned by territorial communities of villages, towns, cities, districts in cities, as well as objects of their joint property, which are managed by district and regional councils.
However, a more complete list of objects of communal property rights is given in the Law of Ukraine "On Local Self-Government in Ukraine" in accordance with Art. 60 which "territorial communities of villages, settlements, cities, districts in cities have the right of communal ownership of movable and immovable property, revenues of local budgets, other funds, land, natural resources, enterprises, institutions and organizations, including banks, insurance companies, as well as pension funds, share in the property of enterprises, housing, non-residential premises, cultural, educational, sports, health, science, social services and other property and property rights, movable and immovable objects, defined in accordance with the law as objects of communal property rights, as well as funds received from their alienation. "
Despite such detailing of objects of communal property, the law has a significant drawback, which is that it does not contain criteria that would determine the features of communal property, as done in the Law of Ukraine "On Property". According to this law, the objects of communal property rights may include any property "necessary to ensure the economic and social development of the territory" (Article 35).
These subjects of state and communal property rights exercise their powers, using, in particular, a special legal institution – management. Such management of state property on behalf of the people (population of the administrative-territorial unit) was first carried out by the Verkhovna Rada of Ukraine, local councils of people’s deputies of Ukraine and their authorized state bodies (Article 33 of the Law of Ukraine "On Property"), and after the Constitution Ministers of Ukraine, territorial communities and their authorized bodies.
Thus, the management of national and communal property by its subjects is carried out either 123helpme.me independently or through the state bodies authorized by them.
In the search for optimal options for the management of national property in the period of formation of the principles of a market economy in Ukraine, the range of authorized state bodies to perform the functions of management of national property has changed quite often.
The scope of powers to manage state property is determined by law. According to the Law of Ukraine "On Property", state bodies authorized to manage state property decide on the establishment of enterprises and determine the objectives of their activities, reorganization and liquidation, control the efficiency of use and safety of state property entrusted to them and other powers in accordance with Ukrainian legislation. 33).
References:
1. The Constitution of Ukraine. Adopted by the Verkhovna Rada of Ukraine on June 28, 1996 // Bulletin of the Verkhovna Rada of Ukraine. – 1996. – No. 30. – Article 141.
2. Economic Code of Ukraine of January 16, 2003 // Computer legal system "League: Law".
3. Pidoprigora OA Problems of codification of legislation on intellectual property // Ukrainian law. – 2002. – Number 1. – P.61-80.
4. Pidopryhora O. Problems of the system of legislation of Ukraine on intellectual property // Intellectual property. – 2000. – No. 3. – P.3-14.
5. Intellectual property law: Textbook. / Ed. O.A. Pidoprigory, OD Sviatotsky. – K., 2002.
6. Sirenko I. Legal nature of rights to intellectual property // Ukrainian law. – 1997. – Number 3. – P.132-135.
7. Bump RB Protection of intellectual property rights: copyright aspect. – Kharkiv, 2002.
September 28, 2010
Property lease agreement as a right of temporary use
Under the property lease agreement, the landlord undertakes to provide the lessee with temporary use of the property for a fee.
This agreement is consensual, paid and bilateral.
An important feature of the property lease agreement is that on its basis the property passes to the lessee for use, and not into ownership, full economic management or operational management, as is the case under the contract of sale, supply, loan, etc.
However, the exercise of the right of use is associated with the need to own property. Therefore, it should be recognized that the lessee also acquires the right to own the acquired property and, in addition, by virtue of the contract, the lessee acquires certain rights to dispose of the leased property.
For example, the lessee, fulfilling his obligation to maintain the leased property in good condition, may transfer the thing for repair, and in cases provided by law or contract, the lessee may sublet the leased property, ie he has the right to dispose.
