Subjects of ownership are physical orlegal entities, organizations that have three powers: possession, use and disposal. Ownership means that the owner owns the thing physically. The right to use indicates that the owner of a thing has the legal right to benefit from it through its application. In the process of using a thing, it is consumed or subjected to a depreciation process. The last power is disposal of property. It speaks about the definition of the legal fate of a thing, that is, the right to realize, give or become a participant in leasing relations.
Privatization is an activitymanagement purposes. From this point of view, this activity acts as a set of actions of a purposeful and interrelated nature aimed at transferring the objects of municipal property of the state to private property. Privatization is carried out with the participation, in the most direct way, of special bodies of our country in the forms established by law. Objects and subjects of privatization are elements of this process.
Thus, the objects of theprocess is property that is municipal and state. It should be noted that the current legislation in the field of privatization does not give a clear answer to the question of which objects are included in the privatization, other than those mentioned above. Normative-legal norms are limited only to the list of property that is not covered by their effect. Thus, such a list of objects can be considered natural resources, reserves and other objects, a list of which can be seen through direct instructions in the law.
Proceeding from what has been said, it should be noted thatThe main objects of privatization are municipal and state property. The very concept of property is not spelled out in the law. Thus, one can only guess what property the legislator had in mind. Apparently, this includes real estate, as well as property rights.
Subjects of ownership, in particularprivatization is the state, subjects of the Russian Federation, municipal level education, organizations and individuals. The main direction of the privatization process is oriented towards the realization of such a function of the state as the economic one. The subjects of the property right by virtue of the law are entitled to exercise the privatization process. They are the executive bodies of our federal government. Some time ago the considered direction of activity was entrusted to the State Property Committee and its territorial committees.
The ways of privatization of state andmunicipal property cause the transformation of a unitary enterprise into a joint-stock company of a joint-stock type, the sale of state property at auction, the sale of AO shares at a specialized auction, the sale of state property at a tender, the sale of public companies outside the Russian Federation that are state-owned. In addition, it should be noted the sale of property of the state with the help of a public offer and the introduction of property as a contribution to the authorized capital of an open joint-stock company.
In addition, it should be noted the sale of valuablesecurities in the form of shares of JSCs of open type based on the results of trust management of property. Note that privatization methods are specified in the law in an order that is based on the degree of their significance. As a general rule, the transition to the subsequent privatization method is allowed if the method described above can not be implemented and there is no possibility of using it. When transferring the permitted property from the state to other shareholders, they may be subject to such a notion as subjects of ownership.
