Operational management right
The right of operational management of property asThe theory was doctrinally substantiated in the forties and fifties of the twentieth century. The development of this theory was the result of the search for a certain normative construction. It would allow the use of state property most effectively, while the state would remain the owner.
The right of operational control is a right,which is assigned to state public institutions and enterprises. Objects can become not only real estate, but also other things that are used by subjects in the process of activity. The only exceptions are land plots.
The right of operational management of autonomous andbudgetary institutions, as well as enterprises, applies exclusively to state and municipal facilities. Together with this, the case of transfer of private objects is legislatively fixed. In this case, we are talking about the formation of private institutions. The right of operative management also extends to products, fruits and profits from the use of objects assigned to an enterprise or institution. Their composition is determined in accordance with the procedure established by the owner, and the value is calculated in accordance with the laws on valuation activities.
The right of operative management is established onthe basis of the federal law. An agreement between the owner and a legal entity is not a basis for amending the procedure established by law.
The right of operational management includes the powersby order, use and ownership. The target nature of legal capacity is expressed in the fact that the content of norms is limited to the Civil Code, federal acts, the Law on Enterprises. In addition, the goals, according to which the activities of the subjects are carried out, and the purpose of the objects, and the tasks of the owner, are also limiting.
Depending on the subject of law, the right to manage budgetary and private institutions, state enterprises and autonomous institutions is singled out.
The state enterprise without obtaining consentthe owner is allowed to use exclusively manufactured products, services and works by providing them on a reimbursable basis to third parties. All other property, including income from activities, can be used only after the owner's consent and within the framework in accordance with which the company carries out its statutory activities.
For private and public institutions, the right toOperational management does not provide for the authority of the order. An autonomous institution is allowed to freely dispose of exclusively movable property that does not have the status of "particularly valuable", as well as profit from its own activities. Particularly valuable are such facilities, without the presence of which the implementation of the statutory activities is significantly hampered. The fact that the property belongs to the specified category is determined by the founder in the process of assigning this property to an autonomous institution in accordance with the procedure established by the Government of the Russian Federation.
Eligibility for certain types of objects located outside the RF (external shares, securities, shares, real estate) are established by the Government of the Russian Federation.
The emergence of the right to operational controlcoincides with the moment of transfer of property. The basis for the transfer of objects is a one-sided transaction that is committed by the owner. The emergence of the right, as well as its termination, is registered by the appropriate authority.
The powers cease according to the general grounds of the current legislation.