Property Management: Concept and Content

Abstract

The article explores the category of «property management», its concepts and content, as well as its relation with the categories, «management of objects of state (municipal) property», «right of operational management», «sphere of management», «transfer of property» to the sphere of management. According to the results of the research, the definition of the concept of communal property as the right of a territorial community to formulate, use and dispose of property belonging to it, both directly and through local authorities, at its discretion and in its own interests on the basis of expediency, economy and efficiency is formulated. It is proposed to administer communal property to understand the exercise of powers of local self-government and their authorized bodies to exercise the rights of the territorial community of a village, settlement, city as the owner of such objects related to the possession, use and disposal of them, within the limits defined by the legislation of Ukraine, to meet the needs of the local community, state and public. The characteristic features of property management based on the contract of property management (Article 1029 of the Civil Code of Ukraine) and the management of state and communal property, which is carried out, in particular, in accordance with the Laws of Ukraine «On State Property Management» and «On Local Self-Government in Ukraine», indicating a significant difference between these types of government. It is proposed to amend: a) the Constitution of Ukraine, which establish that: 1) the subject of state ownership is the state represented by the Verkhovna Rada of Ukraine; 2) the property belonging to the Autonomous Republic of Crimea (the Crimean Tatar Autonomous Republic, if any) is state property; b) to the Law of Ukraine «On Local Self-Government in Ukraine» by defining the concept of management of communal property objects and clarifying the definition of the term «communal property right». Keywords: communal property right, management of communal property, sphere of management, transfer of property to the sphere of management.