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

General principles of municipal property management

Traditionally, under "management" it is customary to understand the purposeful impact on someone or something to achieve a given result.

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

Municipal property is property owned by the respective municipality.

Municipality Is a populated area within which local self-government is exercised, there is municipal property, local budget and elected bodies of LSG. 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 they face or effectively exercise power.

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

Local budget funds;

Municipal off-budget funds;

Property of municipal self-government bodies (LSG);

Municipal land and other natural resources in municipal ownership;

Municipal enterprises and organizations

Municipal finance 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. By the level of authority, for the implementation of which it is used:

Property intended for solving local issues;

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

Property intended to support the activities of LSG bodies and relevant officials.

2. In the direction of use (see table 4).

3. By the form of use:

Property used as collateral

Property included in the municipal treasury

· Property for rent

Property transferred to economic management

Property transferred for operational management

Property transferred to trust management

Property transferred for free use

Privatized property

Property acquired at the expense of the local budget

· Monuments of history, architecture and culture of local importance

· Property contributed as a contribution to the authorized capital of business entities.

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

Administration of the municipality;

Representative body of the Ministry of Defense;

Head of the Ministry of Defense;

Branch and functional subdivisions of the MO administration.

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

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

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

According to Art. 29 of the law "On general principles of organization of local self-government in the Russian Federation" See: SZ RF, 1995, N 35, art. 3506. Local governments administer municipal property. "The rights of the owner in relation to the property that is part of the municipal property, on behalf of the municipality, are exercised by local authorities, and in cases stipulated by the laws of the constituent entities of the Russian Federation and the charters of municipalities, directly by the population."

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

The list of municipal property by municipalities shall be 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.

Under 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 that are not endowed with the ownership right to the property assigned to them by the owner. The property of a unitary enterprise is indivisible and cannot be distributed by contributions (shares, shares), including among the employees of the enterprise. Unitary enterprises can be based on the right of economic management or operational management. But on the basis of the right of operational management, only federal state enterprises are created, therefore, municipal unitary enterprises can be based on the right of economic management.

Possession, use and disposal of property belonging to the right of economic management is limited by the right of control by the owner (municipal entity represented by local governments) over the intended use and safety of the property belonging to the enterprise. And also the right of the owner to receive a part of the profit from the use of property that is in the economic jurisdiction of the enterprise created by him and the prohibition to dispose of the property without the consent of the owner.

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

In accordance with article 296 of the Civil Code of the Russian Federation, the property belongs to the institution on the basis of the right of operational management. In this regard, the owner of the property has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.

The advantages of creating a municipal unitary enterprise are the receipt of income in the long term in the form of deductions from net profit and payments for the use of municipal property, the possibility of solving problems of social and economic development of the territory.

Also, within the framework of this method of management, municipalities can act as the founder of economic companies.

The main criteria for choosing a particular form of property use is the importance of the object for solving local issues and the effectiveness of various forms of use from the point of view of the owner See: E. Markvart, O. Savranskaya, I. Starodubskaya, Recommendations on the formation of the economic and financial foundations of LSG / E / Edited by E. Markquart. - M., 2004 ..

The right of economic management is used to designate the volume of the property rights of a unitary enterprise to the state or municipal property assigned to it (Article 294 of the Civil Code). By its structure, it is a "cast" (or, in the words of EA Sukhanov, a prototype) with 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 occurrence and termination, as well as to the real powers retained by the owner.

A municipal unitary enterprise, which owns property on the basis of 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 ability to carry out "income-generating" (ie, entrepreneurial) activities in accordance with the constituent documents, that is, 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 not carried out by the services of the municipality, but by private contractors temporarily hired on a competitive basis, receiving part of the profits. The contracting system plays a very important role in modern municipalities, but its effective implementation requires compliance with certain principles and rules, a strict system of accounting and control.

In the Russian Federation, this method is regulated by the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" See: Federal Law of July 21, 2005 No. 94-FZ // Collected 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 ridding local governments of the costs of operating the 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 specified period. At the same time, the municipality for the lease term completely abandons the income received from the use of the leased property in exchange for fixed payments regularly paid by the tenant. The tenant is usually engaged in activities that are not related to the implementation of instructions from local authorities to resolve certain issues of local importance, which reduces the possibility of municipal regulation.

Municipal concession.

It is a concession by the municipality for a certain period and on a contractual basis to a private economic entity of the right to organize and run a business in a certain field of activity. In fact, the use of such a system means the inability of the municipality to manage this or that part of the local economy.

On the application of the concession mechanism, the literature describes two experiences with the application of the concession mechanism.

In the first case, experts note that with concessions, about 50% of the profits obtained as a result of the organization's activities are transferred from public to private hands. At the same time, the concession 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 an agreement for many years ahead and cannot refuse unprofitable concession agreements. As a rule, local authorities do not have real tools to deal with large external, especially foreign, concessionaires.

The supporters of such a system are exclusively representatives of private business. The concession of municipal property, the construction of municipal facilities, the operation of buildings is economically ineffective and of little use in the practice of municipal economy See: E.A. Utkin, A.F. Denisov. "State and Municipal Administration" - M .: Association of Authors and Publishers "Tandem" Publishing House "Ekmos", 2001 - p. 304 ..

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Introduction

Private, state, municipal and other forms of ownership are recognized in the Russian Federation.

The property can be owned by citizens and legal entities, as well as the Russian Federation, constituent entities of the Russian Federation, 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 stock, utilities, various kinds of structures, and so on.

Disposal of municipal property on behalf of the municipal formation is carried out by local self-government bodies within the framework of their competence.

The aim of the work is to study the activities of local self-government bodies in the management of municipal property: their competence, management practice and performance efficiency. To achieve the goal of the diploma project, it is necessary to solve the following tasks:

consider the concept and composition of municipal property;

to establish the powers of bodies and officials of local self-government in the area of ​​municipal property management;

consider the features and problems in the management of municipal property.

The subject of this work is management relations in relation to municipal property. The object of the research 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 self-government system in the constituent entities of the Russian Federation. It should 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. The legislation of the Russian Federation assumes that municipalities have property, through the exploitation of which local government receives stable cash infusions into the treasury of the subject. True, the types of property that may be in the possession of a local self-government body are strictly limited by the Federal Law “On 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, the property belonging to the municipality can be divided into:

Property that allows you to engage in the provision of services and the production of goods for the population, as well as to 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.

The specific composition of the 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 property Settlements Municipal areas Property intended for electricity, heat, gas and water supply, sewerage, fuel supply, street lighting (for a municipal district 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 fund of 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 the settlement Between settlements Property intended for the prevention and elimination of the consequences of emergencies ++ Objects, as well as fire equipment and equipment designed to provide primary measures to extinguish fires + -Library (d for the municipal district - intersettlement libraries and collectors) ++ Property intended for the organization of leisure and providing residents with services of cultural organizations + - Objects of cultural heritage (historical and cultural monuments) of local importance + - Property intended for the development of mass physical culture and sports + - Property intended for the organization of landscaping 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 the disposal and processing of household and industrial waste) ++ Property intended for the organization of funeral services and the maintenance of burial places (for a municipal district - only inter-settlement burial places) ++ Property intended for the official publication (promulgation) of municipal legal acts, other official information ++ Property intended for the organization of implementation I environmental control - + Property intended for the organization of public order protection by the municipal police - + Property intended for the provision of preschool and school, additional education, organization of recreation for children during vacation time - + Property for the provision of emergency medical care, primary health care in outpatient clinics and hospitals, medical care for women during pregnancy, during and after childbirth - + Archival funds, including a cadastre of land management and urban planning documentation, as well as property intended for storing these funds ++ Property intended for 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 objects used for commercial purposes from it (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 envisaged. One part of movable and immovable property in municipal ownership is transferred to the management of municipal enterprises and institutions, the other is part of the municipal treasury. According to the Civil Code of the Russian Federation, the municipal treasury is made up 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, the representative bodies of local self-government adopt municipal legal acts (regulations).

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

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

Local self-government bodies can carry out transactions of purchase and sale, exchange, donation, lease with objects of municipal property. The choice of the method of use is carried out 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. Inefficient municipal property can be privatized. The privatization of municipal property is carried out by local governments independently in accordance with the procedure established by the Federal Law "On the Privatization of State Property and on the Basics of Privatization of Municipal Property in the Russian Federation". Under the terms of privatization, objects of municipal property are divided into categories:

objects, the privatization of which 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 approved annually by the representative body.

The representative body of the municipality approves the lists of objects of municipal property subject to and prohibited for privatization. The municipality chooses the methods of property privatization independently. Most often this is an auction or commercial competition. The auction is held in the form of open bidding, in which the winner is the one who named the maximum price. The winner of the commercial competition is the one who offered not only the highest price, but also the best 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 an enterprise for a certain time, preserving jobs, etc. municipal property ownership management

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

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

Donation. Any natural or legal person can transfer movable or immovable property into municipal ownership free of charge. The donation agreement is also subject to state registration of 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 rent 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, a commercial auction is held, which is won by the one who provides the best conditions.

The administration can set mandatory lease conditions (for example, investments in a leased facility, the implementation of current and major repairs of premises, their maintenance in proper condition, etc.). If all of them are agreed, a lease agreement is concluded between the Committee and the tenant. The latter assumes a commercial risk, independently carries out economic activities on the basis of leased property, and makes a profit. The lease term is determined by the Committee taking into account the interests of the municipality. Rent is one of the sources of income for the local budget.

In some cases, a non-commercial tender may be held for the transfer of municipal property for lease, when the tenant is required to fulfill certain conditions. For a specific purpose, without a tender, municipal property can be leased out in exceptional cases - to a specific tenant for a specific type of activity.

The established practice of assessing the efficiency of the use of municipal property is based on the 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 tasks are identified to ensure effective management of municipal property:

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

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

development of criteria for optimal decisions on the disposal of municipal property;

increasing the investment attractiveness of municipal property.

3. Features and problems in municipal property management

In the formation of municipal property, management of municipal property and its privatization, complex economic problems arise. Some of them are discussed below.

Transfer of objects to municipal ownership. The main share of departmental housing, engineering infrastructure of cities and social facilities has already been transferred to municipal ownership. Serious problems arise during the transfer to municipal ownership of objects that are still in the ownership of enterprises.

Funding problem. Under existing practice, when signing an act of acceptance of objects into municipal ownership, the local government does not always receive additional revenues to the budget to finance their maintenance. Refusal of admission is also dangerous, since many enterprises in the conditions of the financial crisis are unable to maintain residential buildings, kindergartens, and other facilities used by residents of the municipality. It is not uncommon for enterprises to simply "abandon" social facilities, the property of which is plundered. There can be no general recipe, and in each specific case, the local government 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 are often transferred, requiring urgent major repairs or even demolition and relocation of residents, worn out engineering networks, boiler rooms, etc. The municipality has the right to refuse to accept ownership of such objects, but in some cases, realizing the hopelessness of the situation, agrees to this. This practice negatively affects his financial condition.

Determination of the terms of lease, reasonable setting 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 rent and the danger of tenants curtailing important types of 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 the technology of privatization.

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

A formally performed 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 the privatization of the object.

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

The only limiting factor is the social significance of the object. For example, in one of the cities, the 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 the sale of educational and methodological literature. In the face of budget deficits, making such decisions is not an easy task.

4. Privatization of housing

The municipal authorities are interested in the fact that as many residents as possible become the owners of their houses 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 (with the exception of the costs of processing the relevant documents), privatized only about half of the housing stock. The main reason for this was fears associated with the deprivation of budget subsidies for owners of private housing.

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 commitments to create equal economic conditions for privatized and municipal housing, to promote the creation of homeowners' associations, and to demonstrate their benefits.

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 the privatization of municipal housing.

Privatization of built-in premises in residential buildings. Many local governments, when privatizing enterprises and organizations located on the ground 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 the premises in the property, refrains from serious capital expenditures for its arrangement.

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

In accordance with Article 46 of the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" dated 06.10.2003 No. 131-FZ, the economic basis of local self-government is constituted by municipal property, funds from local budgets, as well as property rights of municipalities.

Municipal property is recognized and protected by the state on an equal basis with other forms of property. The presence of the authority of the local self-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 06.10.2003, 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 objects 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 of the Federal Service for State Registration, Cadastre and Cartography (in the registration office). Those. the right of municipal property is registered, and the right of operational management or economic management of an institution or a municipal enterprise is also subject to registration.

In order to improve the efficiency of municipal property management, the municipality needs to develop normative legal acts. The main one is the "Regulations on the procedure for the management and disposal of property in the municipal ownership of the municipality."

Local self-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 of property, exchange and other transactions not prohibited by law.

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