Forms and types of ownership in the Russian Federation. The concept of ownership. Types of Intellectual Property

This economic category is one of the most complex and most important problems of the economy (its theory). The history of this aspect of society at times of very high social activity often leads to the distribution of both objects and property rights. Thus, the Russian transition economy is a confirmation of this historical tradition.

Concept and types of ownership

The idea of ​​it has evolved in science for millennia, and it has become primarily an official object of a legal, legal nature, as well as philosophy. For a long time, property as a special social relationship was the direct subject of civil law, but in the context of the further evolution of social production, it becomes, in addition to the legal, also a fundamental economic category.

The emergence of states contributed to the emergence of state property. In this regard, a variety of forms of this economic category has formed: personal, family, clan, state.

Tribal, and later interstate wars, inheritance and seizure of wealth gave rise to such inhuman forms of ownership as serfdom, slavery, the objects of which are people.

In the days of feudalism, the existing subsistence farming was closely associated with the feudal lord, both through land ownership, through its cultivation tools, and through livestock. In the period of capitalism, the means of production are appropriated by the owners of capital. The private form of ownership is beginning to flourish, and the relationship between its objects and subjects is increasingly divided into disposal, ownership and use. Subsequently, it is modified. A stock form of ownership appears.

In addition to land ownership, natural resources buildings and structures, equipment and other real estate, the role of ownership of jewelry and gold, securities, cash is strengthened.

Property Attitude - the property relationship of the subject (owner - the active side of these relations, owning its objects, as well as managing, using them) with the object (nature objects, energies, property, intellectual and spiritual values, substances, information - the passive side of the relationship in question). As a rule, the object itself is simply called property.

A broader interpretation of this economic category was provided by various economists, who proceeded from various kinds of its foundations of static (dynamism), the main manifestations in daily practice, historical and class character and other.

Generally own - this is the relationship between certain economic agents regarding the appropriation of consumer goods, economic resources. Awareness of the essence of this concept leads to the need to consider it in the framework of the relationship with other economic relations of society, such as production, distribution, subsequent exchange and consumption of existing goods. It is she who most fully reflects the socio-economic nature of the current era.

All existing economic systems can be classified based on their relationship to ownership relative to the means of production.It is customary to distinguish the following types of ownership, which are characterized by various methods of combining the producer with the means of production; distribution of the resulting social product among members of society:

• primitive communal;
• feudal serfdom;
• slaveholding;
• capitalist.

Typology of the category in question

Her relationship improved as social development. In this regard, the most diverse forms and types of ownership appeared. The former are specific characteristics of the ownership of the products of social production and material factors to its main subjects, and the latter are qualitatively special stages in the evolution of property. How exactly are the forms and types of ownership interconnected? This is shown in the table below.

They are directly dependent and are predetermined by the specific historical conditions of society. Moreover, the types of property are determined by the existence of a certain socio-economic system. This classification is referred to as formational, but does not completely coincide with it. As it has already become clear, the above types of property correspond to its various forms. So, private property - products of production and its means - belongs to individual persons. Collective, on the other hand, is the unity of property and labor (collective), or rather, their special condition, within which an individual member of the collective is the owner of the products and means of production obtained.

Public property - the belonging of various kinds of objects to the whole society (joint property). This form most often acts in the role of the state, which can arise only as a result of:

• construction of facilities sponsored by the state budget;
• nationalization (transfer of property from a private form of ownership to a state);
• state acquisition of a pact of shares of (controlling) private firms.

Classification of forms of the concept under consideration

Allocate various types of property, based on its forms and nature of the subjects:

1. Depending on assignment forms:

• individual (labor economy, personal property, personal subsidiary farming, individual labor activity);
• state (municipal, state, education in the state territory);
• collective (cooperatives, rental enterprises, joint-stock companies, collective enterprises, partnerships, associations, etc.).

2. Based on property rights:

• state (federal, municipal, republics and other entities in the territory of the state);
• private (citizens, legal entities: organizations, enterprises, associations);
• joint (common for organizations and enterprises).

Classifier of ownership in our country

Types of ownership in the Russian Federation, depending on its forms, are presented in the table below.

Intellectual property: concept, features, types

It is a combination of personal property and non-property rights (exclusive) to specific information on a specific tangible medium that has an unlimited number of copies, and intellectual property here is not the right to copy, but the information itself.

Its signs are:

1. Imposing restrictions as the validity period of the corresponding intellectual law, territories, replication (volume of production), etc.
2. Possibility of sale, lease, exchange for a different kind of property or free transfer, etc.
3. Intangibility and intangibility (it is impossible to identify or determine from the position of physical parameters).
4. The senselessness of multiple reproduction (as opposed to tangible property).
5. The specificity of the form of legal protection, which takes into account its significant feature and which is accessible to perception.

Types of intellectual property are as follows:

1. Industrial property (utility models, inventions, prototypes, selection achievements, trademarks, etc.).
2. Copyright (literary and artistic works, copyright, scientific works, databases and computer programs, works of art, etc.).
3. Know-how (technological, technical, commercial, industrial, organizational and managerial, etc.).
4. Related rights (radio, television, sound recording, performing and directing activities, arrangements, etc.)

These are the main objects and types of intellectual property.

Land ownership: forms of ownership (use), types

It is customary to distinguish the following types of land ownership:

1. Federal state property.
2. State property of the constituent entities of the Russian Federation.
3. Municipal (city).
4. Private

The owners of this factor of production can be both legal entities and individuals. The following forms of land ownership (use) are distinguished:

• lifetime inheritance;
• perpetual use;
• right of easement (limited use);
• land ownership;
• rent.

A private form of assignment to the considered factor of production

The following types of land ownership are available:

1. Common property.
2. Individual property of legal entities and individuals.

Allocate types of common property, such as:

• common share (each owner knows his share in advance);
• general joint (shares of owners are not agreed in advance).

Legal entities, as well as individuals, may, having expressed a desire, unite their land plots that are in their ownership, and subsequently use them as common joint (shared) property.

Private property: definition, types

This concept indicates that a person owns, disposes and uses his property purely for personal purposes.

It is customary to distinguish the following types of private property:

1. A person who works for himself owns the results of labor and means of production (the owners were peasants, artisans and all those who live in our time with their labor).
2. Sole ownership of the means of production and the products of labor of people working for the owner (in the past, landlords, slave owners, and at present small businessmen).

State ownership: concept, types and levels

This means that the property belongs to the people, which are represented by the representative bodies of state power that they have elected.

Types of state ownership are associated with existing levels:

1. Federations as a whole - federal property.
2. Subjects of the Russian Federation (total 89) - regional property.
3. Cities, villages, districts, etc. - municipal property.

Entrepreneurship: definition, forms

This is the process of forming a new, of particular value, economic benefit (the adoption of moral, financial, social responsibility, as well as the receipt of a certain income, personal satisfaction from what has been achieved).

So, an entrepreneur implements property relations that are inherent in a market economy from the perspective of legal registration through organizational mechanisms of activity.

It can be carried out both in a collective form, and in an individual. Organizations as legal entities are of two types:

• commercial organizations (the goal is profit);
• non-profit institutions (non-profit goals).

The following types of ownership of enterprises (organizational and legal forms):

1. Business partnerships (complete, on faith).
2. Production cooperatives, or artels.
3. Business companies (joint-stock companies of open and closed type, with limited liability, with additional liability).

These are the main types of property ownership of organizations. It is important to consider this category from a legal point of view.

Ownership: concept and types, grounds for occurrence, termination

It acts as a measure of a person’s possible behavior, expressed by the owner’s right to make a decision regarding any actions with his property that do not contradict the law (other legal acts) and do not violate the rights protected by the law of the interests of other persons.

Possible actions for the purpose of legal settlement are grouped by authority:

• ownership (finding property on the farm of the direct owner);
• use (exploitation of property through its consumption, seizure of useful properties);
• orders (the possibility of establishing the legal fate of this property).

Types and forms of ownership - this is a kind of indication of a specific number of entities that own the same subject (object), and the specifics of the legal regime of the corresponding object depending on the subjects of law (civil). So, in a situation with one subject - the sole right of ownership, with several - the right of common ownership.

The following types of law are distinguished. common property:

• joint;
• shared.

In form it happens: individuals and legal entities (private property), the federation, its subjects (public), municipalities (municipal property).

Grounds for occurrence of this right (title deeds) is a combination legal facts subdivided into the original (they do not depend on the rights of the previous owner) and derivatives (ownership is based on the right of the previous owner).

The first include:

• making a new good;
• transfer of ownership of shared items;
• find;
• treasure detection;
• processing, specification;
• acquisition of ownership of an ownerless thing;
• detention and subsequent keeping of stray animals;
• acquisitive prescription.

The second includes:

• nationalization;
• acquisition of the right to own property of a legal entity during its liquidation, reorganization;
• requisition;
• privatization
• foreclosure on the obligations of the owner on his property;
• confiscation.

The right of ownership (the concept and types of which were indicated earlier) from the one who acquires the object under the contract appears at the time of transfer of this property or from the moment of its registration. This procedure is carried out in several ways:

• delivery to the post office for sending to another subject;
• delivery or symbolic transfer (delivery of car keys to its buyer);
• delivery to a transport company for delivery to another entity.

Under consideration right terminates upon occurrence of the following events:

• alienation by the owner of property in favor of other entities;
• death or destruction of property;
• owner refusal of ownership;
• loss of this right to property in other situations provided for by law.

Previously, the main types and forms of ownership were considered, now it is worthwhile to consider ways to protect it. First you need to define the concept of protection of property rights - the application of civil law protective methods provided for by Russian legislation to remove obstacles that impede the exercise of the right in question. The newly introduced category is protected by a broader concept - the protection of property relations, acting through civil law rules establishing the following:

• the degree of property separation of material goods, their affiliation to participants in civil relations;
• availability of conditions for the implementation of the rights of owners within the appropriate limits;
• the possibility of adverse consequences for entities that violate the rights of specific owners.

Based on the nature of the infringement of the respective rights of the owner, as well as the content of the protection, there are several ways:

• mandatory legal;
• property law;
• other methods of protection.

In a situation of direct violation of the right of ownership associated with unlawful acts of third parties that exclude or limit the ability of the owner to exercise his powers, the absolute protection of the violated right is activated, aimed at eliminating the obstacles to its implementation. Claims filed in these cases proprietary, and the protection is appropriate. The above claims include: negative (requirement to remove obstacles in the exercise of property rights that are not related to the violation of the owner’s authority) and vindication (right of the owner to search and return his belongings).

Legal obligations protective methods are based on the protection of certain property interests of counterparties of a civil transaction and persons who have suffered damage due to non-contractual damage to their personal property. However, it is worth noting that the requirements for the protection of these interests do not directly follow from the existing property right. Claims filed by the owner in relation to the offender are aimed at eliminating obstacles to the exercise of the right of ownership (for example, claims for the return of saved or unreasonably received property) and compensation for harm (loss). The use of this kind of protective methods is related to the degree of guilt of the parties, the specifics of their relationship and other things.

The protection of property interests in the framework of generally binding legal relations is not directly absolute. The degree of protection is established in court by assessing the extent of a legal violation due to the relationship of counterparties, which are based on the relevant agreement (non-contractual obligation). In this regard, subject to the existence of contractual (non-contractual) mandatory legal relations between the parties to this dispute, Russian civil law does not provide the owner with the opportunity to choose the type of claim (substantive or mandatory), preventing their competition.

Other civil defense methods - those that are granted in claims against state authorities and administration, as well as claims for recognition of a specific property right.

Finally, it is worth recalling once again that in this article the main types of property in the Russian Federation were considered.