Management of municipal property in a municipality. Municipal property management. General principles of municipal property management

According to Art. 29 of the Law “On general principles organizations local government in the Russian Federation"See: SZ RF, 1995, No. 35, art. 3506. Local governments manage municipal property. “The rights of the owner in relation to property that is part of municipal property are exercised on behalf of the municipality by local government bodies, and in cases provided for by the laws of the constituent entities of the Russian Federation and the charters of municipalities, by the population directly.”

Municipal property may include kindergartens, specialized schools, clubs, cultural centers, libraries, enterprises and healthcare organizations located on the territory of the municipality, heating, water supply, sewerage, irrigation, gas networks, streets, squares, recreation areas, bridges, and other structures of local importance. , as well as residential buildings, apartments, non-residential areas, administrative buildings, educational, cultural, sports and other facilities and buildings, enterprises, organizations, vehicles, other immovable and movable property. Cemeteries may also be the property of urban and rural municipalities.

The list of municipal property by municipality is established by the Government.

There are four main ways of running a municipal economy:

1. direct control;

2. municipal contracting system;

3. municipal rental system;

4. municipal concession.

Direct control.

In direct management, municipalities directly manage municipal enterprises and municipal institutions.

The Civil Code provides for the creation of municipal enterprises in the form of unitary enterprises, which are not vested with the right of ownership of the property assigned to them by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. Unitary enterprises can be based on the right of economic management or operational management. But only federal government enterprises are created with the right of operational management, therefore municipal unitary enterprises can be based on the right of economic management.

Possession, use and disposal of property owned by the right of economic management is limited by the right of control on the part of the owner (municipal entity represented by local government bodies) over the intended use and safety of property owned by the enterprise. As well as the right of the owner to receive part of the profit from the use of property that is under the economic control of the enterprise he created and the prohibition on disposing of property without the consent of the owner.

Local government bodies have the right to create municipal institutions and assign to them property that is in municipal ownership.

In accordance with Article 296 of the Civil Code Russian Federation the property belongs to the institution with the right of operational management. In this regard, the property owner has the right to seize excess, unused or improperly used property and dispose of it at his own discretion.

The advantages of creating a municipal unitary enterprise are receiving income in the long term in the form of deductions from net profit and user fees municipal property, the ability to solve problems of socio-economic development of the territory.

Also, within the framework of this management method, municipalities can act as founders of business entities.

The main criteria for choosing one or another form of use of property is the significance of the object for solving local issues and efficiency various forms use from the owner’s point of view See: Markvart E., Savranskaya O., Starodubskaya I., Recommendations for the formation of economic and financial fundamentals MSU/E/Under general edition E.Marquart. - M., 2004..

The right of economic management is used to indicate the scope of real rights of a unitary enterprise to the state or municipal property assigned to it (Article 294 of the Civil Code). In its structure, it represents a “cast” (or, in the words of E.A. Sukhanov, a prototype) of the right of ownership, since its content includes the same powers of ownership, use and disposal. Everything, as before, comes down to the limits of the exercise of these powers, the methods of their emergence and termination, as well as the real powers retained by the owner.

A municipal unitary enterprise, to which property belongs under the right of economic management, owns, uses and disposes of this property within the limits determined in accordance with the Civil Code of the Russian Federation (Article 294). General restrictions on the powers of a unitary specific enterprise to own, use and dispose of municipal property are determined by the subject and goals of its activities, enshrined in the charter.

A feature of the legal status of an institution is the possibility of it carrying out “income-generating” (i.e. entrepreneurial) activities in accordance with constituent documents, i.e. with the permission of the owner enshrined in them. This situation is not covered by the right of operational management.

Municipal contracting system.

Under the municipal contracting system, construction and the performance of certain functions are carried out not by municipal services, but by private contractors temporarily hired on a competitive basis and receiving a portion of the profits. The contracting system plays a very important role in modern municipal economies, but its effective application requires compliance with certain principles and rules, a strict accounting and control system.

In the Russian Federation, this method is regulated by Federal Law dated July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, work, and services for state and municipal needs” See: Federal Law dated July 21, 2005 No. 94-FZ// Collection of legislation of the Russian Federation dated October 22, 2007, Russian newspaper No. 237 dated October 24, 2007.

The next form of disposal of municipal property is the lease of municipal property.

It is used not for the purpose of relieving local governments of the costs of operating property, but only if it is impossible to dispose of municipal property in a more profitable way.

Municipal property is leased to private individuals for a certain period of time. In this case, the municipality, for the duration of the lease, completely renounces the income received from the use of the rental property in exchange for fixed payments regularly paid by the tenant. The tenant is usually engaged in activities not related to the execution of orders local authorities authorities to resolve certain issues of local importance, which reduces the possibilities of municipal regulation.

Municipal concession.

It represents a concession by the municipality for a certain period and on contractual terms to a private economic entity of the right to organize and conduct business in a certain field of activity. In fact, the use of such a system means the inability of the municipality to manage one or another part of the local economy.

On the issue of using the concession mechanism, two experiences of using the concession mechanism are described in the literature.

In the first case, experts note that with concessions, about 50% of the profit received as a result of the organization’s activities passes from public to private hands. At the same time, concessionary operation of generally useful enterprises most often does not ensure either the interests of consumers (high tariffs) or the interests of employees of such enterprises (minimum wages).

Local authorities find themselves bound by a contract for many years in advance and cannot refuse unprofitable concession agreements. Local authorities, as a rule, do not have real tools to combat large external, especially foreign, concessionaires.

Supporters of such a system are exclusively representatives of private business. Concession of municipal property, construction of municipal facilities, operation of buildings is not economically effective and is of little use in the practice of municipal economy See: Utkin E.A., Denisov A.F. "State and municipal management" - M.: Association of Authors and Publishers "Tandem" Publishing House "Ekmos", 2001 - P. 304..

Article 130, paragraph 1 of the Constitution states that local self-government ensures the ownership, use and disposal of municipal property.

According to Art. 29 of the Federal Law “On the general principles of organizing local self-government in the Russian Federation”, establishing the procedure for managing and disposing of municipal property is the exclusive competence of representative bodies of local self-government.

They, on behalf of the municipality, exercise the rights of the owner in relation to the property included in this property; in cases provided for by the laws of the constituent entities of the Russian Federation and the charters of municipalities, this right can be exercised directly by the population.

The powers of local self-government bodies are exercised by local self-government bodies of settlements, local self-government bodies of urban districts and local self-government bodies of municipal districts independently.

Articles 48 and 125 of the Civil Code of the Russian Federation established that local government bodies are legal entities and act independently on their own behalf. The acquisition and exercise of property and personal non-property rights and obligations on behalf of municipalities is assigned only to local government bodies. For the population, such rights and obligations are not provided either in the Constitution or in the Civil Code of the Russian Federation. But at the same time, the entire population of the municipality remains the owner.

Local government bodies may transfer objects of municipal property for temporary or permanent use to individuals and legal entities on a paid or gratuitous basis, lease them, alienate them in the prescribed manner, and also make other transactions with property in municipal ownership, as determined in contracts. and agreements on the conditions of use of objects being privatized or transferred for use. If there are objects on the territory of municipalities that are not used in local economic circulation, then they (the entities) can rent them out or sell them in order to replenish the budget revenue.

The right of municipal property is terminated in the event of loss or destruction of property; upon alienation of property to other persons, including during privatization; in order to delimit municipal property; by foreclosure on property under the obligations of a municipality in the manner prescribed by the law of the Russian Federation or an agreement; on other grounds provided for by the laws of the Russian Federation.

Privatization of municipal property is one of the most important elements ensuring the strengthening of the economic basis of local self-government in a market economy and the formation of municipal property. Article 29, paragraph 4 Federal Law“On general principles...” states that the procedure and conditions for the privatization of municipal property are determined by the population directly or by the representative bodies of the municipality. Proceeds from the privatization of municipal property go fully to the local budget.

Local government bodies are obliged to monitor the completeness and timeliness of the receipt of funds from buyers of privatization objects, ensure accounting of incoming funds for each sold object, and provide the tax authority at the location with information about the receipt of funds to the local budget, that is, they must organize the process of privatization of property.

Within the established competence, local government bodies and local government officials make decisions on the composition of municipal property, the procedure for its acquisition and alienation; on maintaining registers of municipal property; on storage of documents confirming the right of municipal property; on the creation, reorganization and liquidation of municipal unitary enterprises and institutions; on monitoring the efficiency of use and safety of municipal property and much more.

In addition, according to clause 1 of Article 61 of the Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, constituent entities of the Russian Federation are obliged to transfer into the ownership of municipal entities objects necessary for resolving issues of local importance, in accordance with the division of powers between the constituent entities of the Russian Federation and municipal entities , as well as between municipalities. The transfer of objects (property) related to municipal property to state ownership of constituent entities of the Russian Federation or federal property can only be carried out with the consent of local government bodies or by court decision.

In the interests of the population, they can establish conditions for the use of lands located within the boundaries of the municipality.

Currently, a number of constituent entities of the Russian Federation have adopted laws on local referendums, which allow the community of citizens of a municipal entity to directly carry out the process of managing municipal property. The laws on local self-government of most constituent entities of the Russian Federation regarding the management and disposal of municipal property reproduce the norms of federal law (for example, the Law of the Orenburg Region “On the Organization of Local Self-Government in the Orenburg Region”).

The exercise of the owner's powers on behalf of the relevant municipality in accordance with their competence does not make them the owners of the relevant property. Like government bodies, municipal bodies can act in property circulation and as independent legal entities - municipal institutions who have an independent real right of operational management of the property assigned to them (Article 296 of the Civil Code of the Russian Federation). Part of this property - in cash- they will be responsible for their obligations. When they exercise the powers of the owner of a municipality, they get the opportunity, to one degree or another, to dispose of the property of this owner, entering, leaving or constituting his treasury, and it is the treasury property, primarily the funds of the corresponding budget, that forms the basis for the independent property liability of such a municipal (public) ) owner for his debts.

In this regard, municipal property, like state property, is also divided into two parts (Article 215, paragraph 3 of the Civil Code of the Russian Federation). One part is assigned to municipal enterprises and institutions on independent, albeit limited, property rights of economic management and operational management, and the other, undistributed part constitutes the treasury of the corresponding municipality. From the point of view of the interests of property turnover, such a division of municipal property is important, first of all, to justify the separate property liability of the municipality and the legal entities created by it for their debts.

Having recognized the civil legal personality of municipalities, the Civil Code, however, allows only local government bodies to act in civil legal relations (clause 2 of Article 125). Thus, municipalities as institutions of government are practically deprived of civil legal capacity.

Both the Civil Code of the Russian Federation and the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” establish that the rights of the owner of municipal property are exercised on behalf of the municipality. Consequently, the subject of municipal property law is only the municipal entity, and not local government bodies and local government officials acting in accordance with the law, and not legal entities or citizens acting on special instructions, who are only representatives of the municipal entity in relations regarding municipal property. This conclusion is confirmed by paragraph 2 of Art. 212 of the Civil Code of the Russian Federation, which establishes that property can be owned by citizens and legal entities, as well as the Russian Federation, its constituent entities and municipalities.

A. Uvarov, analyzing the relationship between the rights to use and dispose of municipal property belonging to the population of the municipality and the bodies (officials) of local self-government, points out: “Ownership, use and disposal of municipal property, according to paragraph 1 of Article 130 of the Constitution of the Russian Federation, is, first of all, the right of the population itself. But, given the high degree of declarativeness of this provision in the sphere of its practical application, the charters of individual municipalities establish the transfer of the right to use and dispose of municipal property from the population to local government bodies and officials. I would like to believe that such norms cannot be interpreted as an absolute transfer of property rights from the population to another owner, since, on the one hand, the power of municipal bodies and their officials is derived from the power of the local population, and, therefore, such a transfer of property rights, with from the point of view of civil law, does not lead to a change in the municipal form of ownership. On the other hand, the emergence of such norms does not deprive the population of the opportunity at any time to exercise this right on their own behalf in a local referendum."

Empowering the population of a municipality to local self-government bodies with the powers to exercise the right of municipal property means only a redistribution of the powers of representatives of the same owner - the municipality, but not the transfer of ownership rights from him to any other person.

Municipal property is subject to mandatory accounting and object-by-object registration in the register of municipal property objects (for example, clause 5 of article 35 of the Law of the Orenburg Region).

Local governments own, use, and dispose of municipal lands and other natural resources in the interests of the development of the municipality and the socio-economic interests of its citizens.

Local government bodies manage and dispose of land plots in municipal ownership. The following land plots are in municipal ownership:

• - which are recognized as such by federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them;
• - the right of municipal ownership to which arose during the delimitation of state ownership of land;
• - which were acquired on the grounds established by civil law.

The powers of local government bodies in the field of land relations include the seizure, including through redemption, of land plots for municipal needs, the establishment, taking into account the requirements of the legislation of the Russian Federation, rules for land use and development of territories of urban and rural settlements, territories of other municipalities, development and implementation of local programs for the use and protection of lands, as well as other powers to resolve issues of local importance in the field of use and protection of lands.

In accordance with Article 66 of the Civil Code of the Russian Federation, local government bodies do not have the right to act as participants in business companies and investors in limited partnerships, unless otherwise provided by law. Therefore, municipal property cannot be transferred to these companies and partnerships, except in cases specifically stipulated by law. But on the basis of the same article, institutions can be participants in business companies and investors in partnerships with the permission of the owner, unless otherwise provided by law. That is, municipal institutions, with the permission of local government bodies, have the right to contribute municipal property under operational management, unless the law directly prohibits this.

To summarize the chapter, we can draw the following conclusions regarding the specifics of municipal property management in Russia.

Firstly, municipal property belongs to the entire population of the municipality and serves to satisfy its basic living needs. Consequently, it is necessary to limit the possibility of local government bodies committing actions that lead to the bankruptcy of municipalities.

Secondly, local government bodies are not only a business entity, but also a subject of power relations. And this gives local governments the right to make decisions that are generally binding on the territory of the municipality, including those that can create preferential operating conditions for municipal enterprises and organizations in relation to other subjects of market relations.

Municipal property management

"...Municipal property management is the organized adoption and execution of decisions carried out by local governments in the field of accounting for municipal property, monitoring its safety and use for its intended purpose, ensuring proper maintenance, as well as on issues related to the participation of the municipality in the creation , reorganization and liquidation of legal entities, ensuring effective coordination, regulation and control over their activities..."

Source:

DECISION of the Council of Deputies of the urban settlement of Zaprudnya, Taldom municipal district of the Moscow Region dated July 30, 2009 N 62

"ON APPROVAL OF THE REGULATIONS ON THE ORDER OF FORMATION, MANAGEMENT AND DISPOSAL OF MUNICIPAL PROPERTY IN THE CITY SETTLEMENT OF ZAPRUDNYA"

Official terminology. Akademik.ru. 2012.

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General Basics municipal property management

Traditionally, “control” is generally understood as a purposeful influence on someone or something to achieve a given result.

Property is understood as the property that belongs to a certain object.

Municipal property is property owned by the relevant municipality.

Municipality- this is a populated territory within which local self-government is exercised, there is municipal property, a local budget and elected bodies of local self-government. The main forms of municipalities are settlements, municipal districts and urban districts.

Municipal property management- this is the impact of municipalities on the property they own in order to effectively solve the problems facing them or effectively exercise power.

The tasks facing a municipality are usually classified as issues of local importance. Municipal property is inalienable integral part municipal property. It is customary to include in the composition of municipal property:

Local budget funds;

Municipal extra-budgetary funds;

Property of municipal self-government bodies (MSG);

Municipal lands and other natural resources in municipal ownership;

Municipal enterprises and organizations

Municipal financial and credit institutions;

Municipal housing stock and non-residential premises;

Municipal institutions of education, health care, culture and sports.

Municipal property can be classified according to several criteria:

1. According to the level of power for the implementation of which it is used:

Property intended to resolve issues of local importance;

Property used to resolve issues transferred to municipal formations of constituent entities of the Russian Federation;

Property intended to support the activities of local self-government bodies and relevant officials.

2. By direction of use (see table 4).

3. By form of use:

· Property used as collateral

· Property included in the municipal treasury

· Rented property

· Property transferred to economic management

· Property transferred to operational management

· Property transferred into trust management

· Property transferred for free use

· Privatized property

· Property purchased using local budget funds

· Monuments of history, architecture and culture of local significance

· Property contributed as a contribution to authorized capital business societies.

The relevant local government bodies act as subjects of municipal property management:

Administration of the municipality;

Representative body of the Ministry of Defense;

Head of the Ministry of Defense;

Sectoral and functional divisions of the Moscow Region administration.

Table 4 - Classification of municipal property by areas of use (sheet 1)

Table 4 - Classification of municipal property by areas of use (sheet 2)

Table 4 - Classification of municipal property by areas of use (sheet 4)

Introduction

The Russian Federation recognizes private, state, municipal and other forms of ownership.

Property may be owned by citizens and legal entities, as well as the Russian Federation, constituent entities of the Russian Federation, and municipalities.

Municipal property is a property complex of a municipality, which includes land plots, movable and immovable property. The category “real estate” includes residential and non-residential assets, utility networks, various types of structures, and so on.

The disposal of municipal property on behalf of the municipality is carried out by local government bodies within the framework of their competence.

The purpose of the work is to study the activities of local governments in managing municipal property: their competence, management practice and efficiency. To achieve the goal of the thesis project, it is necessary to solve the following tasks:

consider the concept and composition of municipal property;

establish the powers of local government bodies and officials in the field of municipal property management;

consider the features and problems in municipal property management.

The subject of the work is management relations regarding municipal property. The object of study is the municipal property management system.

The theoretical basis was the works of domestic and foreign authors devoted to this topic.

1. Concept and composition of municipal property

Municipal property acts as a kind of economic basis for the normal functioning of the local government system in the constituent entities of the Russian Federation. It must be managed exclusively within the framework of Russian legislation.

Municipal property is one of the types of property in Russia, which is protected by laws on an equal basis with state or private property. The legislation of the Russian Federation assumes that municipalities have property, through the exploitation of which local government receives stable cash injections into the treasury of the subject. True, the types of property that can be owned by a local government body are strictly limited by the Federal Law “On the General Principles of Local Self-Government in the Russian Federation.” Only a local government body can act as the sole legal owner and manager of such property.

According to the purpose of its purpose, property owned by the municipality can be divided into:

Property that allows you to provide services and produce goods for the population, as well as make a profit in any other way not prohibited by law.

Property intended for other purposes. For example, for the normal functioning of a local government body.

The specific composition of municipal movable and immovable property established by the Federal Law of 2003 (with subsequent amendments and additions) is presented in Table. 1.

Table 1. Composition of movable and immovable municipal property

Types of propertySettlementsMunicipal areasProperty intended for electricity, heat, gas and water supply, sewerage, fuel supply to the population, street lighting (for a municipal area only for electricity and gas supply within its borders)++Public roads, bridges and other transport engineering structures (except for objects of federal and regional significance), as well as property intended for their maintenance. Within the boundaries of settlements Between settlements Housing stock social services for low-income citizens, as well as property necessary for its maintenance++ Passenger transport and other property intended for transport services to the population Within the boundaries of a settlement Between settlements Property intended for the prevention and liquidation of consequences of emergency situations++ Facilities, as well as fire-fighting equipment and equipment intended for ensuring primary measures to extinguish fires + - Libraries (for a municipal district - inter-settlement libraries and collectors) + - Property intended for organizing leisure time and providing residents with the services of cultural organizations + - Objects of cultural heritage (historical and cultural monuments) of local significance + - Property, intended for the development of mass physical culture and sports + - Property intended for organizing the improvement and landscaping of the territory, including for the arrangement of public places and public recreation + - Property intended for the collection and removal of household waste and garbage (for municipal areas - for recycling and recycling of household and industrial waste)++Property intended for the organization of funeral services and maintenance of burial sites (for a municipal district - only inter-settlement burial sites)++Property intended for the official publication (promulgation) of municipal legal acts and other official information+ +Property intended for organizing the implementation of environmental control - +Property intended for organizing the protection of public order by the municipal police - +Property intended for providing preschool and school, additional education, organizing recreation for children during the holidays - +Property for providing emergency medical care , primary health care in outpatient clinics and hospitals, medical care for women during pregnancy, during and after childbirth - + Archival funds, including the cadastre of land management and urban planning documentation, as well as property intended for storing these funds + +Property intended for the creation, development and protection of medical and recreational areas and resorts of local importance++

Modern changes in legislation are aimed at limiting the list of property that may be in municipal ownership, at excluding from it objects used in commercial purposes(to replenish budget revenues). In particular, the existence of municipal banks and other financial and credit institutions mentioned in the 1995 Federal Law is not provided for. One part of the movable and immovable property in municipal ownership is transferred to the management of municipal enterprises and institutions, the other is included in the municipal treasury. According to the Civil Code of the Russian Federation, the municipal treasury consists of funds from the local budget and property not assigned to municipal enterprises and institutions. Effective management of municipal property ensures high-quality provision of municipal services.

The regulatory framework for municipal property management is made up of federal and regional laws. On issues related to the powers of local self-government, representative bodies of local self-government adopt municipal legal acts(provisions).

Local governments are required to keep records of the availability and changes in the composition of municipal property. For this purpose, a register of municipal property is maintained, which represents information system, built on a single classification, methodological basis and software base for the entire country. To organize accounting and management of municipal property, a property management committee or other body is usually created within the structure of the local administration.

2. Powers of local government bodies and officials in the field of municipal property management

Local government bodies can carry out purchase and sale, exchange, donation, and rental transactions with municipal property. The choice of method of use is made based on the goals and objectives of the development of the municipality. The features of individual transactions with municipal property are discussed below.

Purchase and sale. Ineffective municipal property can be privatized. Privatization of municipal property is carried out by local government bodies independently in accordance with the procedure established by the Federal Law “On the privatization of state property and on the principles of privatization of municipal property in the Russian Federation.” According to the conditions of privatization, municipal property objects are divided into categories:

objects whose privatization is prohibited;

objects, the privatization of which can be carried out by an individual decision of the representative body of the municipality;

objects, the privatization of which is carried out by the administration according to programs annually approved by the representative body.

The representative body of the municipal formation approves lists of municipal property objects subject to and prohibited for privatization. The municipality chooses methods for privatizing property independently. Most often this is an auction or commercial competition. The auction is held in the form open bidding, in which the one who names the maximum price wins. The winner of a commercial competition is declared to be the one who offers not only the highest price, but also Better conditions. In case of equality of proposals, the winner is the participant whose application was submitted earlier. For a municipality, a commercial competition has advantages, since it can put forward such conditions for privatization as maintaining the profile of the enterprise for a certain time, preserving jobs, etc. municipal property property management

The municipality can acquire ownership of the property it needs. Sellers are individuals and legal entities, as well as government bodies. State registration of property rights is carried out by special justice institutions.

Mena. Municipal movable and immovable property can be exchanged for another.

Giving. Any physical or entity may transfer movable or immovable property into municipal ownership free of charge. The gift agreement is also subject to state registration property rights.

Rent. Buildings, structures, structures, residential and non-residential premises can be leased; equipment, vehicles and other property that does not lose its natural properties during use.

Organizations and citizens wishing to lease municipal property submit an application to the Committee. The application must be considered within a certain time from the date of its registration. When several applications are received, commercial tenders are held, which are won by the one who provides the best conditions.

The administration may issue prerequisites lease (for example, investments in a leased property, carrying out routine and major repairs of premises, maintaining them in proper condition, etc.). If all of them are agreed upon, a lease agreement is concluded between the Committee and the tenant. The latter takes on the commercial risk, independently carries out economic activities on the basis of leased property, and makes a profit. The lease period is determined by the Committee, taking into account the interests of the municipality. Rent serves as one of the sources of local budget revenue.

In some cases, a non-commercial competition may be held for the transfer of municipal property for rent, when the tenant is required to fulfill certain conditions. Purpose, without holding a competition, municipal property can be leased in exceptional cases - to a specific tenant for a specific type of activity.

The established practice of assessing the efficiency of use of municipal property is based on an analysis of the state and trends of changes in its contribution to the formation of the base of non-tax revenues of the local budget. The following support tasks are identified: effective management municipal property:

structural and quantitative optimization of organizations and enterprises of municipal ownership;

ensuring complete and timely accounting of municipal property and all operations carried out with it;

development of criteria for optimal solutions for the disposal of municipal property;

increasing the investment attractiveness of municipal property.

3. Features and problems in municipal property management

When forming municipal property, managing municipal property and its privatization, complex economic problems arise. Some of them are discussed below.

Transfer of objects into municipal ownership. The main share of departmental housing, urban engineering infrastructure and social facilities has already been transferred to municipal ownership. When transferring into municipal ownership of objects that still remain in the ownership of enterprises, serious problems arise.

Funding problem. Under current practice, when signing an act of acceptance of objects into municipal ownership, the local government body does not always receive additional revenues to the budget to finance their maintenance. Refusal to accept them is also dangerous, since many enterprises in the conditions of the financial crisis are not able to maintain residential buildings, kindergartens, and other facilities used by residents of the municipality. There are often cases when enterprises simply “give up” social facilities whose property is stolen. There cannot be a general recipe here, and in each specific case the local government body is obliged to make a decision taking into account all economic and social factors.

Wear problem. By law, the owner must transfer the object to municipal ownership in a condition suitable for use. In fact, dilapidated residential buildings that require urgent major repairs or even demolition and relocation of residents, worn-out utility networks, boiler rooms, etc. are often transferred. A municipality has the right to refuse to accept ownership of such objects, but in some cases, realizing the hopelessness of the situation, it agrees to this. This practice has a negative impact on his financial condition.

Determination of rental conditions, reasonable establishment of rental rates for the use of non-residential premises and other municipal property.

In this case, it is important to find a balance of interests between the desire of the municipality to increase budget revenues from rentals and the danger of tenants collapsing important species economic activity due to high rental costs. A reliable means of solving this problem is a wide differentiation of rental rates depending on the location of the leased object and the type of activity, combined with a system of benefits and privileges.

Determining the feasibility of privatizing an object in comparison with leasing and improving privatization technology.

Here different approaches can be implemented for cost-effective (profitable) and unprofitable objects. A profitable property can be sold at high price and receive large one-time revenues to the budget. At the same time, the rent for this property will constantly replenish the budget and, due to inflation, may increase over time.

A formally carried out economic calculation usually testifies in favor of privatization, however, the representative body of the municipality, when agreeing on the program for the next year, cannot limit itself to such a calculation and must weigh everything, including the long-term consequences of privatization of the object.

The purpose of privatization of unprofitable objects is to reduce budget expenses for their maintenance. The price of the object in this case may be low.

The only limiter is the social significance of the object. For example, in one of the cities, deputies refused to include an unprofitable bookstore in the privatization plan presented by the administration for the next year, since it was the only store in the city specialized in selling educational and methodological literature. In times of budget deficit, making such decisions is not an easy task.

4. Privatization of housing

The municipal government is interested in ensuring that as many residents as possible become owners of their residential buildings and apartments. In accordance with the Federal Law of 2003 and the new Housing Code of the Russian Federation, municipal housing will remain only for the poor (social housing stock) and some other categories of citizens (specialized housing stock). In fact, the population, despite the fact that privatization was free of charge (except for the costs of processing the relevant documents), only about half of the housing stock was privatized. The main reason for this was fears related to the deprivation of budget subsidies to private housing owners.

People also do not want to privatize apartments in dilapidated residential buildings in the hope of improving living conditions. The main way to solve the problem is to work with the population with clear obligations to create equal economic conditions for privatized and municipal housing, promote the creation of homeowners' associations, and clearly demonstrate their advantages.

To carry out work related to the privatization of housing, appropriate structures are created in municipalities, most often in the form of agencies with the status of a municipal institution. Along with this, private agencies can carry out privatization of municipal housing.

Privatization of built-in premises in residential buildings. Many local authorities, when privatizing enterprises and organizations located on the first floors of residential buildings, refuse to privatize the premises themselves, transferring them to enterprises for rent. Thus, the municipal government retains leverage over enterprises. The negative point is that the organization, having not received ownership of the premises, refrains from serious capital expenditures on its arrangement.

The situation may change thanks to the creation of homeowners' associations. The built-in premises must become the collective property of the partnership, and the tenant will have to establish contractual relations with it. However, the municipal government can also participate in the partnership as the owner of the built-in premises if, for example, a municipal institution is located there.

In accordance with Article 46 of the Federal Law “On the General Principles of Organization of Local Self-Government in the Russian Federation” dated October 6, 2003 No. 131-FZ, the economic basis of local self-government consists of municipally owned property, local budget funds, as well as property rights municipalities.

Municipal property is recognized and protected by the state on an equal basis with other forms of property. The presence of the powers of a local government body and the possibility of being in municipal ownership of this or that property is determined by Article 50 of the Federal Law of October 6, 2003 No. 131-FZ. It contains an exhaustive list of property that may be owned by municipalities.

Municipal property is subject to mandatory registration in the register of municipal property and on the balance sheet of municipal enterprises, municipal institutions or the treasury of the municipality. Ideally, such property should be registered with the Office Federal service state registration, cadastre and cartography (in registration). Those. the right of municipal property is registered, and the right of operational management or economic management of an institution or municipal enterprise is also subject to registration.

In order to increase the efficiency of municipal property management, the municipality needs to develop regulatory legal acts. The main one is the “Regulation on the procedure for managing and disposing of property that is in the municipal ownership of the municipality.”

Local government bodies have the right to dispose of municipal property by transferring it for rent, for free use, for economic management, for operational management, purchase and sale property, exchange and other transactions not prohibited by law.

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