Operational Property Management

Operational management of property as a proprietary right is granted by the Civil Code of the Russian Federation to state treasury institutions and enterprises. This right is used both in the sphere of state and private property.

Characterized by the operational management of property such features. This right is exercised by public institutions within the framework of the law in accordance with specific objectives of the activity and the appointment of property. Unlike the property owner, the powers of the bearer of this right have a framework. They can be determined by the owner, who has the right to dispose of it at his own discretion or generally withdraw property from the carrier of the right of operational control.

Subjects who are assigned operational management of property may have different statuses and be endowed with different tasks. In connection with this Civil Code different norms of this right are defined.

As a rule, the state creates state enterprises in the most important spheres and directions of economic activity. Therefore, it is directly interested in ensuring that the property base of these enterprises is preserved for them and contributes to the implementation of the tasks assigned to them. That is why the operational management of property is strictly regulated by the Civil Code and in many respects is limited to strict limits.

The owner of the property can withdraw property from the operational management in case of its irrational use and transfer it to another enterprise at his own discretion. At the same time, the owner of the property has the right to determine the main lines of activity of the public institution, as well as the distribution of the income received by them.

To alienate and dispose of a state-owned enterprise transferred to it on the right of operational management of property can only with the consent of the owner. Independently it can only realize the produced products.

Institutions can be not only public, but also private. Therefore, the regime of the operational management right should reflect the features of the functions performed by the enterprise, the ability to dispose of revenues,

Institutions that have property in management can not dispose of them independently. However, the owners of property are responsible for the possible consequences of their interference in the economic activities of enterprises that are transferred to property management. This is expressed in the establishment of subsidiary liability for obligations of public, budgetary and private institutions in cases of insufficiency of their own property.

In addition, there is the right of economic management of property . It, as well as operational management, belongs to a legal entity. It is in the empowerment of the disposal of other people's property. The purpose of these rights is to create opportunities for independent participation of legal entities that do not own their own property in civil circulation.

The subjects-owners of the right of economic management are state and municipal enterprises. Economic management of property and operational management of property differ in the content and scope of the powers received by their owners from property owners.

The right to conduct is an opportunity to own, dispose of and use the property transferred by the owner, within the limits established by law. The rights of independent disposal of immovable property it does not give, but at the same time decisions on movable property can be taken without the consent of the owner. The owner reserves the right to create, liquidate or otherwise progress in the activities of the enterprise, the right to control its property, as well as the right to receive a portion of the profits. In other words, the right of operative management allows to own and dispose of property in accordance with the task of the owner and the appointment of the property transferred to management.