Public Procedures for the State and Municipal Property Regulation
Authors: Agapov A. B. 
Published: February 2020

The paper investigates the features of government control over public property based on hierarchical subordination of the participants of the property regulation.

The paper deals with the property prerogatives of federal ministries, federal services and federal agencies based on the powers of the owner of items of federal immovable and movable property transferred to the competence of federal unitary and state enterprises under the authority of economic management and operational management. The author justifies the public dominance of the powers to use and dispose of property assigned to the control of federal unitary and state enterprises.

Regulation based on the right of operational management is the main property power of the Federal Ministry as opposed to the right of economic management that always operates as its additional public property power, usually mediated by the function of normative regulation. The power of property regulation assigned to the competence of federal ministries does not affect exclusively the management of public immovable and movable property under the authority of the federal and regional executive bodies, but also the competence of administrative bodies of local government to administer municipal property. Unlike the property powers of federal ministries usually mediated by their exclusive regulatory functions, federal services in the areas of law enforcement are endowed with significant mandatory powers providing for the extrajudicial seizure of immovable property from the rightful owner (Federal Security Service, Rosgvardia, Federal Customs Service) who is an offender or a person suspected of committing an offense. In cases under consideration, exercising authority entails termination of the right of ownership in full or the establishment of extrajudicial legal restrictions in relation to the use and disposal of items of non-public immovable property.

Municipal property regulation is conditioned solely in the context of whether it meats the needs of local government and, unlike state property regulation, does not pursue the purpose of ensuring national interests in the areas of economy, industry, administrative-political activity. The author has investigated the features of municipal unitary and state enterprises regulation on the basis of property powers transferred to them by an executive administrative municipal body. The paper has paid considerable attention to the delegation of state property powers to local governments, as well as ensuring financial self-sufficiency of municipalities.

Municipal property regulation, based on the powers of economic management and operational management, is predetermined solely by hierarchical subordination of public entities property relations and is determined by the requirements of administrative legislation.

Property regulation in federal cities endowed with the powers of the constituent entity of the Federation is based on the dominance of the state regulation and limitation of the powers of municipal bodies in terms of ownership, use and disposal of urban immovable property, movable property, financial assets.