Waiver of the Right of Economic Management and Operational Management

Abstract

Optimization of legal regulation of these processes is important for the Russian economy with a traditionally high share of the public sector. Taking into account (Article 49 of the Civil Code of the Russian Federation) the special legal capacity of subjects of the law of economic management and operational management, the waiver of their rights to property (Article 236 of the Civil Code of the Russian Federation) is possible only in favor of the owner, which is confirmed by the relevant judicial practice. Unitary enterprises are not entitled, without the consent of the owner, to dispose of the property assigned to them on the basis of the right of economic management. Prior to the termination of such a right, upon renunciation of it, the owner must withdraw the property from the economic management of the enterprise. This situation is not fully consistent with paragraph 3 of Art. 299 of the Civil Code of the Russian Federation, according to which the owner cannot withdraw property from economic management upon termination of the right of economic management on the same grounds as the termination of ownership. It follows that the owner can withdraw property from the economic management of the enterprise when the latter has refused such management of this property. Other cases should be considered illegal seizure. At the same time, in Russian judicial practice, a different position has developed from the indicated position on the termination of the right of economic management, which is associated with the seizure of the property by the owner and in cases of refusal of the enterprise from the real right.