Real estate ownership: types and features.

The essence of the concept

In the Russian Federation, owners can be:

individuals;
legal entities;
the state is an independent subject of law.

In turn, state representatives are:

federal education (the state as a whole);
regional education (subjects of the Russian Federation);
municipality within a region (city, village, etc.).

Before the rules of privatization (transferring objects from state ownership into private hands) came into effect, the public form of ownership was the main and practically the only one in the country. Today, the majority of land plots still remain in the hands of the state, but the percentage of private holdings has become much higher.

Article 214 of the Civil Code of the Russian Federation. State property rights (current version)

1. In the legislation of the Soviet period, only unified state ownership was recognized as the main form of socialist property (Article 94 of the Civil Code of the RSFSR). The Law of the RSFSR of December 24, 1990 “On Property in the RSFSR” established a two-level division of state property and singled out municipal property as an independent form of ownership, which necessitated the delimitation of unified state property “by levels” - property of the Russian Federation, property of constituent entities of the Russian Federation and municipal property. This distinction was enshrined in Resolution of the Supreme Court of the Russian Federation of December 27, 1991 N 3020-1 “On the delimitation of state property in the Russian Federation into federal property, state property of the republics within the Russian Federation, territories, regions, autonomous regions, autonomous districts, the cities of Moscow and St. Petersburg and municipal property." At the same time, unless otherwise provided, in relations of public property there is a presumption of ownership of state property of the Russian Federation as a whole. This rule allows us to exclude the appearance of ownerless public property and allows us to determine the ownership of specific objects of public property that are not distributed among public property entities.

2. Paragraph 2 enshrines the principle of ownership of land and other natural resources that are not owned by citizens, legal entities or municipalities, to the state. This provision should actually exclude the existence of ownerless natural resources.

What plots are covered by public property rights?

In general, each plot may end up in state ownership. The main thing is that the general requirements are met:

boundaries established during surveying;
individual number and entry in the Cadastre;
address.

However, the Land Code mentions a number of lands that can only be owned by the state. These are lands that have the category:
forest fund;
water fund and coastal zone;
natural monuments and objects of special importance, federal significance;
reserve lands with federal facilities on them;
lands intended for the needs of the Armed Forces of the Russian Federation;
areas with public infrastructure: television and radio towers, roads, water pipelines and power lines, space facilities and other lands that satisfy the needs of the state as a whole;
lands containing useful resources of federal significance.

These plots are also subject to state registration of ownership. In addition, land in public ownership is subject to the rules and regulations of use adopted for private owners:

use only in accordance with the intended purpose specified in the Cadastre in the column “land category”;
keeping the site clean, preventing depletion of the territory, taking care of environmental safety;
compliance with land use standards.

What areas can be publicly owned?

First of all, the plot must comply with the general requirements that are put forward in the law to it as an object of ownership:

presence of established boundaries;
a specific location or exact address;
registration with the state cadastral register.

Otherwise, state or municipal authorities can own land with virtually no restrictions. It is worth highlighting certain types of plots that can only be in state ownership:

lands of forest and water funds (in the latter case, water bodies must be in federal ownership);
specially protected areas that are of federal significance;
lands of defense and security;
reserve lands, subject to the placement of federal real estate on them;
lands of settlements, transport, communications, industry, agricultural purposes, television and radio broadcasting, environmental and cultural significance, computer science, energy and space purposes;
areas under the surface of which there are subsoil of federal significance.

This list is not exhaustive; therefore, federal and regional laws of the Russian Federation may define other additional grounds for land to be in state ownership only.

As for the municipal one, any types of plots belonging to both the state and private individuals can be transferred to it (for example, in the event of their death or voluntary abandonment of the land).

Difference in management

The constituent entities of the Russian Federation consist of municipalities. Land plots of each subject are divided into:

inalienable tracts that belong to the state as a whole and cannot be transferred either to the jurisdiction of the subjects, or to municipalities, and especially to private hands;
massifs are alienable. In civil law, it is possible to transfer part of the land to the management of regions, and then to municipalities. These are lands that can be transferred into private hands. The right to transfer remains with municipal authorities. However, it is possible to acquire private ownership of a plot only according to certain rules.

Public ownership of land (property of public entities)

The content of property rights, which applies to any objects of civil rights, including land plots, is established by civil law. According to Art. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property. In addition to the traditional list of powers established in relation to any owner (triad), the owner of public entities also has the authority to manage property. The Land Code of the Russian Federation contains 3 articles devoted to the regulation of property rights to public lands in Russia - Art. 17 “Property of the Russian Federation (federal property) of land”, Art. 18 “Land ownership of constituent entities of the Russian Federation”, Art. 19 “Municipal ownership of land.”

Rules for transferring land into private hands

Public entities are transferred to private owners (individuals and legal entities) on the basis of:
rights of paid use (lease agreement);
rights of perpetual permanent use;
rights of lifelong inheritable ownership (at the moment, plots are not issued on this basis, but those previously issued continue to exist in this form of ownership).

All these options are carried out without a change of owner: a private person uses the land, but it continues to belong to the municipality.

The advantages of such ownership: there is no need to pay land tax, since this responsibility rests with the owner, and the state cannot be a taxpayer;
Disadvantages: there is no possibility to use the plot as a tool for enrichment and transfer it to a third party: sell, bequeath, donate.

Disposal of public property

The management of public property is carried out by the Federal Property Management Agency. Its fundamental rights include the fact that this authority has the right to dispose of property at its own discretion. He has the right to transfer objects into private ownership to individuals and legal entities.

The Federal Property Management Agency has the right to dispose of public facilities only in compliance with all laws of the Russian Federation and without in any way violating the interests of the country.

The state has all rights to federal and municipal property.

How to privatize publicly owned land

These norms are regulated by the Civil and Land Codes. Privatization options:

free registration after a certain period of use. This right is granted to preferential categories of citizens: large families, families who have built a residential house on the site for themselves, families who have been farming in the desired territory for more than 5 years, municipal and regional government employees, land users as part of SNT and dacha partnerships. Additionally, other beneficiaries may be included in this list - this is decided by regional authorities;
redemption at cadastral value. This procedure can occur through bidding (participation in an auction) or without it. It depends on the purpose and value of the land, as well as the purposes for which the future owner wants to purchase the site.

Differences between public and private property

The main feature of the type of property under consideration is the absence of certain persons who own land plots. According to the Constitution, public property belongs directly to the people. The benefits from its exploitation serve the purpose of fulfilling the duties of the state to its citizens. Certain individuals have the right to dispose of private property. They can also use the benefits that are obtained as a result of using the land.

Other differences between both types of property include:

The type of property in question is not subject to tax, unlike private property.
Public lands are not transferred to private parties, except in cases provided for by federal law. But private lands are transferred.

The property of public legal entities cannot be transferred either to individual foreign citizens or to entire states, except for those lands where consulates and embassies are established. The latter refer to the (political) territory of other countries. Private lands can be sold to foreign citizens without restrictions. The regulation of the form of ownership of a plot of land is carried out through the application of Articles 15 and 16 of the Land Code.

Auctions

The auction can be initiated either by the future owner or by the state. The rules by which tenders are structured if they were initiated by the municipality:

he organizes surveying with the definition of boundaries;
it notifies potential bidders about upcoming auctions through the media and its official website.

If the initiator is a private person, his responsibilities include:

submitting an application or request for the sale of the desired plot, justifying your goals;
land surveying of this area;
presence at auctions, participation in them.

Documents for privatization

If, as a result of the auction, a new owner finds a plot of land, he must enter into a purchase and sale agreement with a representative of the municipality, and then register ownership with the Cadastral Chamber. Documents required for redemption:

application to the municipality;
identity card (passport) or registration documents of a legal entity;
land survey act;
if the site has already been in use - documents confirming this (lease agreement, order to issue land for indefinite use, etc.);
auction protocol or documents confirming the right to purchase land without an auction (preferential status);
receipts for payment for participation in the auction, cost of land, etc.

To register the right:

Economic content of public property

Public property has a number of characteristics that reveal its economic content. So, public property:

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necessary for the implementation of functions for the implementation of national and national interests, which is manifested through the accumulation and distribution of any part of the national income;
covers areas of the market that are not of interest to private property entities due to low profits, high costs, high risks, etc.; in areas where private property is not able to ensure intensive production of goods; where there is a risk of significant losses, etc.;
owns facilities, the management of which should be based on the basic economic and social interests of the state and society;
in a market economy, it has a dual nature, combining market and non-market principles; Assessment of the use of public property should ideally be based on socio-economic criteria.

Note 1

Public property is a complex hierarchical and complex system of relations. The political nature of the owner and the complex organizational structure predetermine the role and specificity of public property rights. Public property can be considered as property that belongs to public legal entities under the right of ownership.

Public property rights can be viewed from two aspects:

in an objective sense, as a set of various legal norms that regulate social relations regarding the use, ownership and disposal of public property.
in a subjective sense, as the right of the people of the Russian Federation and the population of a certain territory, who can directly or indirectly through authorized bodies use, own and dispose of public property to satisfy public interests.

The content of public property rights is realized through the powers of the owner: use, possession and disposal.