Concept and Content of Property Rights

The concept and content of the right of property presents some difficulty for understanding when considering it in the system of civil rights as absolute (protected from other entities) and giving its owner fairly broad powers for the economic possession of the object of real rights.

One of the key characteristics of property rights is that it is considered a subjective right . It grants a certain empowered person the opportunity to behave in relation to the subject of law in a certain way in accordance with the provisions of the law.

The right of ownership corresponds to the obligation for all third parties not to interfere in the relations of the owner and his property and in no way prevent the owner from exercising his right.

The concept and content of the right of ownership establishes the granting to the right holder to determine the nature of the use of the property to which this right extends, exercise economic dominance over it and allow others to use it at its discretion.

The concept and content of the right of ownership implies the possibility of the right holder to use and dispose of his property and in accordance with his interests with the property belonging to him, while assuming risks and responsibilities for its maintenance.

The owner of the property realizes his right through such concepts as possession, disposal and use.

The power of ownership is a legally enforceable opportunity to own property in actual (economic) possession.

The power to use is the ability to use for economic purposes, to exploit property, extracting useful properties from it. The use of property in a number of cases is directly related to the ownership of the property, since it is possible to use the property, as a rule, only owning it in fact.

The power of the order presupposes the possibility of independently determining the further fate of a thing by changing its affiliation, purpose or condition (destruction, donation, inheritance, sale under a contract, etc.)

The concept and content of property rights is based on the concept of property. It can be in various types of property (private, state, municipal). The state property is divided into the federal property and the property of certain subjects of the Federation.

State property in Russia is property that belongs to the subjects of the Federation: territories, republics, cities, regions, districts. This also includes the concept of ownership of land . Any land and natural resources that have not become private property of citizens, municipal entities or legal entities are considered property of the state. State property is the land recognized as such by federal legislation; Ownership of which the state received when delineating state property to the land; Which the Russian Federation acquired on the basis of civil legislation.

It is necessary to distinguish between subjects and objects of ownership . The subjects of this right are property owners - any individuals, legal entities (with the exception of unitary enterprises and institutions that are financed by owners), municipal and state entities.

Objects of ownership can be property complexes, buildings, enterprises, mining allotments, materials, land, equipment, structures, money, raw materials, securities, any property of consumer, industrial, cultural, social and other purposes, products of creative or intellectual labor.