Subjects and objects of property: what does it concern them?

In the economy of any country in the world, one of the key functions is performed by the institution of property. What are its features in relation to the legal environment of Russia? Why, in some cases, does this or that resource become the possession of the state, while in others its owners are private individuals and organizations?

What is property?

Before studying what subjects and objects of property are, we will understand the nature of the subject of our small research. We need some theoretical preparation. Determine what is property, what is its essence.

We can adhere to one of two common interpretations of the concept in question. The fact is that property is a phenomenon that can have both a socioeconomic and legal nature. In the first case, it is about the fulfillment of its functions, which mainly affect the production relations. In the second, the property plays the role of the object of civil legal relations. In the economic aspect, it is characterized by unconditionedness (that is, this or that object-of material or material nature-does not necessarily belong to someone, as surprisingly as it sounds). In legal terms, property implies a legally registered right to own something.

Let's try to summarize. Economic ownership is the state, status of a thing or an intangible resource relative to the production cycle. Relatively speaking, this can be a technology for the release of nanoprocessors. At the moment when it is introduced into the assembly of electrical equipment in the factory lines, it becomes the property of the production process. Legal ownership is also a status, but in relation to the owner specified by law. If we talk about the technology of the release of processors, it may be its inventor. The legal securing, as an option, is carried out on the basis of a patent.

What are the characteristics of the property? Russian experts identify the following main ones:

- appropriateness;

- belonging;

- disposability;

- usability.

That is, property can be appropriated by someone, belong to someone, also the owner can dispose of it (transfer, change, pass, etc.) or use it personally.

Property, its subjects and objects

Let's study to begin with, what are the subjects and objects of ownership. Under the first in the Russian expert environment, it is customary to understand persons entering into one or another form of property relations. The subject at the same time can be both an individual citizen and a group of people, and in some cases also a society as a whole, or the state.

Now about the objects. What is the easiest way to state the essence of this concept? Imagine that we are in the exam. We got a ticket where the question is: "Separate the subjects and objects of ownership." We, in order to prepare for an answer, it is easiest to fix our concepts in the form of a scheme. How? You can try this.

To begin with, we, using the methodology common to Russian lawyers, can divide the objects into two main categories, namely, material and non-material. The first, in turn, are also divided into subspecies. Material objects, according to our classification, can have two forms - the means of production, as well as objects or products of consumption. Intangible property objects, in turn, are represented by a wide spectrum - it can be knowledge, skills, information, talents, etc.

In turn, the problematic, which includes such phenomenon as property, the concept of "subjects" and "objects" reveals not only in scientific sources, but also in Russian laws. In what form? Mainly used terms such as "movable" or "real estate", as well as "intellectual property".

Which of these two classifications should be taken as a basis for preparing a response to the "exam"? And we'll take both. And continue our study.

Forms of ownership

What are the subjects and objects of ownership, and also what is its essence, we now know. The next aspect of the research is next. Namely - the form of ownership. In the modern classification of criteria for their distribution are somewhat. There is a private property, but there is a public (public, state - in many cases it is synonymous).

If it is a question of private property, then it has the right to appropriation, possession, disposal and use, respectively, individuals, personalities, individual citizens. In the second case, the owner is the society as a whole or the state expressing the structure of its political formation. Property, as a rule, is characterized by a number of economic signs. Experts identify the following:

- Separateness (the right to derive some benefit has only the owner);

- independence (the beneficiary is only the owner);

- responsibility (if there is bankruptcy - only the owner will answer).

Accordingly, all three attributes are applicable to citizens if the property is private. To the society (and also to the state or other political and administrative units) - if the public. The process of transition of an object managed by a state entity to a private entity is called privatization. The reverse - nationalization.

What about other criteria? Among the popular - the division of ownership according to the number of owners. They can be represented by a single subject. And then this property is individual. If two or more are collective. In our small study, we will thus study the forms of ownership of the four main types-state, private, individual, and collective.

State property

Let's begin consideration of forms of the property with the state. What are its features? What are the objects and subjects of state property? What is the essence of the relevant concepts that are common among Russian experts?

Objects of state property (and private) by their nature can be any - real estate, transportation, information. In this sense, there are no fundamental delimiting criteria. However, the subjects of state property - of course, completely remote from the institutions of private ownership category. These are the authorities: in the Russian version, federal or those that are formed in the regions. In practice, various agencies most often act as specific actors.

The institution of state property can exist in one or another country of the world due to the specificity of the political regime (and in this case it can be predominant with respect to private ownership or superseding it), or as an element functioning by virtue of the operation of individual legal acts.

Municipal property

Interesting question: what type of municipal property? According to the Russian legal tradition, local authorities in cities and districts are not state structures. Their functions are self-management. And, it should be noted, quite autonomous, judging by the wording in the relevant legislation. What can be the objects and subjects of municipal property? In the Russian expert environment, there are several points of view on this matter.

There is an opinion that it is necessary to operate with the notion of "municipal property", implying its principal autonomy from the state. Supporters of this point of view focus on article 130 of the Constitution of the Russian Federation, which states that municipal property is a completely separate category. It may include property that belongs to cities, villages, and districts. At the same time, both objects and subjects of municipal property are defined by Russian legislation, as lawyers believe, quite strictly. What can people own? The list of objects of municipal property is limited to those that are primarily of value for the life-support of a particular city, village or district. It can also be cultural buildings, social significance, educational institutions. In turn, the objects of state property, as noted by Russian lawyers, can in principle be any. Even in the form of property, the turnover of which is legally limited.

There is also the opinion that both state and municipal property are two subcategories of a more capacious term. There is a more general concept. Namely that "public" property. Which is simply expressed on two different levels - national or localized. At the same time, the fact that state-owned objects can be any, probably, speaks only of a particular formulation in Russian legislation, experts believe. In other countries, the powers of the subjects of ownership at the level of national authorities and municipalities may be exactly the same.

Private property

What are the subjects and objects of private property? As a rule, everything depends on the legislation of a specific country. In Russia, there are no restrictions on the definition of subjects of private property - it can be any citizens of the country, residents and non-residents, as well as those who do not have official citizenship with respect to any state, but reside on the territory of the Russian Federation, physical persons, legal entities. The objects of private property can also be any materialized or intellectual nature of resources - except those whose turnover is prohibited or largely restricted by law - for example, weapons.

Principles of delimitation of state, municipal and private property

In the national legal traditions of different countries of the world, some subjects and objects of property reflect statehood to a greater extent, and some - private. What patterns are typical for Russia? According to some experts, the subjects of state property in Russia and other countries, in principle, are the same - power institutions, departments. However, their sphere of competence can be very different. In Russia, for example, sectoral specificity is considered to be a significant factor in assigning certain property objects to the state. Strategic sectors of the economy - energy, road infrastructure, communications (especially satellite) in the Russian Federation. Also, the primary competence of the authorities includes such areas as education, medicine, almost entirely - the army, in the predominant degree - power structures.

Another factor reflects the strategic importance of certain resources. For example, subjects of ownership of land outside of cities in Russia, on minerals are, as a rule, state institutions. If it is a question of territories within settlements that are not privately owned, then their owners are, as a rule, municipal power institutions.

In other countries of the world, the concept of the subject and object of state property is treated somewhat differently. In many countries such spheres as education, medicine, sometimes even the army are private. There is a version that in the course of the further construction of the sovereign market model, Russia will introduce some elements of foreign standards in these or those branches. The current model of demarcation of property types, which predetermines the concept of the subject and the object of ownership in accordance with national priorities, as some experts believe, reflects the realities of the Soviet planned economy. At the same time, according to other analysts, due to the large scale of the country, as well as the national and cultural specifics, the model is more suitable for us, in which the state is the main owner of strategic assets. Moreover, with a significant shift in competencies to the national level, the regions in this scheme are given an important but still auxiliary role.

Intellectual property

Having studied, then, what may be the subjects of state property, or municipal, we can go on to consider the particular varieties of the phenomenon we are studying. Above we talked about the fact that the object of ownership can be both things and intangible resources. In the second case, speech is most often about intellectual property. We will now study it. What are the subjects and objects of intellectual property?

With respect to the former, it can be said that there are no special rules here. Subjects of intellectual property, like any other, can be represented both by individuals and by public (state, municipal) institutions. True, some experts distinguish a special category, sometimes called "unclassified" intellectual property. What is the reason for this? The point is that subjects and objects of intellectual property are determined with great difficulty by virtue of the fact that the subject of possession is not formed. This can be, for example, scientific developments in the experimental stage. It is difficult to issue a patent for them, since a workable concept has not yet been created. Accordingly, it is unclear what are the subjects of intellectual property - they are not defined. Is it a laboratory, scientists, or, for example, a city where work is being done? It can be determined only by the fact of getting the finished product.

What are the objects of intellectual property law? There are a lot of options here. It can be books, computer programs, knowledge. In general, everything that becomes a product of intellectual labor. One of the possible criteria for recognizing a property as a property is uniqueness, which can be determined by a variety of indicators. For example, two IT companies can accidentally create a completely identical software product for the same purposes, computers, operating systems without using mutual "peeping". For example - a cloud platform in the form of a site. However, its code, scripts will be different, written in different languages.

In turn, some objects of a material nature can be completely identical in form and purpose. They can be objects in private or collective ownership, but do not belong to the category of intellectual property. However, if the technology of manufacturing each of them is sufficiently unique, then this is a completely different matter. In turn, it will be a full-fledged object of intellectual property. The rights to own the product will be protected by one type of laws, the possession of technology - the other.

Collective property

Having studied what subjects and objects of intellectual property law can be, we turn to the consideration of an aspect that is sufficiently complex. And that is why it is especially useful in studying. It's about collective property. In many respects it is interesting because of the great variety of concrete forms. Consider the basic.

Allocate people's collective property. Its essence is determined by the joint and, as a rule, equal in proportion to the shares, and in most cases by the indivisible possession of an object by a group of citizens. "People's" groups, as a rule, in the person of collectives of working people, form subjects of ownership of land or real estate.

There is a joint-stock collective property. Its experts call the mandatory component of a market economy. It is formed upon the issue of shares and the organization of their sale in favor of the founders. Or at a public auction.

The property object here is capital or property on the balance sheet (if any). Subjects and objects of land ownership will be corporate structures and business assets, respectively.

Separate the collective ownership of non-profit organizations into a separate category. Most often, its acquisition is made possible through private contributions or sponsorship. Undoubtedly, the state and municipal property are also considered to be collective, the essence of which we considered above.

Individual property

In order to comprehensively study the subjects, objects and forms of ownership, we also need to consider the aspect revealing the nuances of individual possession of material and intellectual resources. What facts should be noted here in the first place?

Subjects of individual property in Russia can be citizens of the Russian Federation, as well as persons without belonging to any country, but residing in the territory of the Russian Federation, as well as subjects of foreign states. Concerning the objects-regularities are the same as we called when speaking of private property. That is, their range is limited only by legislative regulations. To own it is impossible that directly forbid legal certificates of federal, regional or municipal level.

Subjects of individual property in the Russian Federation are physical persons. Some lawyers identify a separate category of individual entrepreneurs, but if you follow the formulations of relevant laws, the IP is also a physical entity. At the same time, the realization of the right of individuals to own something has a special feature. Ownership of property is accompanied by personal property responsibility. If a citizen has any obligations of a material nature, then his property can become an interim measure against them.

The property of legal entities and natural persons in Russia is protected by law. In the event of property disputes or disagreement of subjects of possession of resources with the formulations of relevant legal acts, the problematic situation is subject to judicial resolution.