The right of economic management

The right of economic management and the right of operational management do not belong to the category of classical real rights. The norms existing today have a significantly reduced volume in comparison with their prototypes. Thus, the possibility of abuse of economic freedom is limited.

The right of economic management belongs only to unitary and state enterprises. Their object may be not only real estate, but also any other things that are necessary for the performance of the activities of the subjects. The right of economic management applies only to municipal or state property. The consolidation of the property is carried out in the manner established by the owner. Its value is calculated according to the legislation on appraisal activity.

The right of economic management is a right that is established by federal law. It can not be amended on the basis of an agreement between the legal representative and the owner of his property. The right of economic management, which are endowed with commercial organizations - unitary enterprises, has a fairly wide scope.

Its content includes the powers of use, possession, disposal of property, which is assigned to a unitary enterprise. At the same time, some limitations are legislated.

Thus, the power to use the possibility of appropriating fruits and income from the use of property is limited by the possibility of the owner of the part of the profit from this use.

Disposition of property by a unitary enterprise is carried out within the framework that does not restrict the conduct of its own statutory activities. Dispose of the same property the enterprise can only with the consent of the owner. Also the consent is necessary at the disposal of shares (contribution) in the warehouse (authorized) capital or shares. Transactions that were committed in violation of restrictions are void.

Peculiarities in accordance with which the right of economic management in relation to certain types of property located outside of Russia (securities, real estate, shares and shares) is exercised, can be established by the Government of Russia.

Termination of powers, as well as their occurrence, in accordance with the general rule is directly related to the moment of transfer of property. It is a question of certain property, in relation to which the authorized bodies, representing the public owner, decide on its assignment to a legal entity. Other moments in which these rights arise may be established in the decision on the transfer of property taken by the public owner.

The emergence and termination of powers must be registered with the appropriate state bodies.

The termination of the rights of economic management is carried out in accordance with the general grounds that are established for the termination of property rights. In addition, there is a special reason for termination, in connection with the unilateral transaction of the owner - the decision to withdraw (in accordance with the law). This procedure may take place in the event of implementation of measures for reorganization or liquidation in a unitary enterprise.

As another specific reason, in connection with which the above rights are terminated, the transfer of ownership to the private owner from the public may take place. This happens, as a rule, as a result of privatization. This ground is an exception to the rule.

One of the ways of exercising the power of disposal is to renounce the rights of economic management. At the same time, it should be noted that for the termination of the disposal of property, the unilateral will of the legal entity is not enough. But this will can become the basis for the owner to make a decision on the lawful seizure of property.