Право муниципальной собственности в России и Монголии

Abstract

The specificity of the legal regime for municipal property is determined by various factors, including features of the administrative-territorial structure, relations between different levels of public authority, the economic policy of the state, and the essential characteristics of the legal system. An analysis of Russian and Mongolian legislation showed some significant differences in consolidating the right to municipal property. Some of them are caused by varying independence levels of municipalities. In Mongolia, the combination of the principles of self-governance and public administration provides a wide range of opportunities for public authorities to participate in municipal property management. The author notes that Russia and Mongolia have a fundamentally different approaches to understanding the essence of rights to property and other objects of civil law. In Russia, the legislator tries to adhere to the distinction between property rights and rights of obligation; in Mongolia, there is a proprietary concept that allows any objects to be considered as objects of property rights. That makes possible the resolution of controversial issues regarding the ownership of municipalities on budget funds, non-documentary securities, and intellectual property rights.