Проблемы управления публичным имуществом в Российской Федерации

Abstract

In the article current problems of public (frst of all, federal) property management are considered and ways to the solution of the available gaps in legal regulation are formulated. The inconsistency of standards of the budgetary legislation and legislation on management of state ownership is noted. The relations on of public property management are considered as a component of fnancial legal relationship in which subjects of public property management at the same time are participants of the budgetary process. The public property on a legal regime is equated to budget funds. Indissoluble communication of the relations on planning of use of public property and the budgetary legal relationship is shown. It is offered to concentrate norms on public property management in the Budgetary code, except for the norms regulating a transactions order on alienation of property from public property. Special attention is paid to problems of property of treasury and the right of operational management. The author recommends to refuse category of operational management as real right by the civil legislation for state institutions, having replaced it with a concept of management within powers of the administrator of budget revenues and the manager of budgetary funds and to include norms on property of treasury in the Budgetary code. Classifcation of objects of public property is offered. The problem of differentiation of state ownership and optimization of competence of bodies for management of public property is considered. Offers on introduction of amendments to regulations on federal executive authorities, including about Federal Agency for State Property Management, regarding property management and distribution of property between the subordinated organizations are formulated. The attention to need of standardization of the legislation on public property management and payments behind use of public property, frst for the land plots is paid.