The legislation does not give a clear definition of the term “military property” or “property of a military organization”. However, after analyzing the military legal norms, we can come to an analogy with the term “material assets of the military organization”, which, perhaps, implies the application of the procedure for the sale of military property with conservation.
Material military equipment, as a rule, includes: weapons, military equipment, ammunition, missiles and fuel for them, fuel, special liquids and lubricants, clothing, chemical and engineering property, food, barracks and housing, including structures , buildings, tankodromes, landfills, land plots, training centers and other types of property that have a material form and satisfy the needs of troops and armed forces in both wartime and peacetime.
Civil law, like military law, does not define the concept of property in the military sphere. The generalized concept of property in the Civil Code is too broad to be used everywhere.
We will learn how auctions for the sale of released military property are held from this article.
Legal regime of military property
It must be taken into account that, according to the Civil Code, for property relations, which are based on administrative subordination, including in the field of defense, the general rules of the law are not applicable, unless otherwise provided by separate articles. For this reason, it is important to correctly determine the status of the property (civil or military-administrative).
In view of the foregoing, the regime of military property from the legal side can be carried out according to the norms of not only military but also civil law. With this in mind, as well as the Federal Law on Defense, property of all types of troops, Armed forces and other formations and bodies belongs to the state and is in its jurisdiction, giving the right to operational or economic management.
Thus, military property can be defined as follows: these are federal-owned materiel used by military organizations and giving them the right to economic or operational control aimed at fulfilling the needs of troops and formations in wartime and peacetime.
If we take into account the special activities of military organizations that are carried out in the state and society, we can note the fact that the military property regime, from the point of view of law, has a significant impact on the turnoverability of civil rights objects.
Kinds
This feature allows you to distinguish several types of military property:
- Property that has been decommissioned. This includes missile systems, warships, submarines, aircraft, bacteriological, nuclear, chemical and other types of weapons of mass destruction.
- Current assets limited in operation. It includes property that can only be used with special clearance.
- Property of unlimited turnover. It includes furniture, clothes, medicines, food and cultural goods.
Depending on the type of military property, the powers of the subjects of legal relations are distributed and the degree of management of this property is determined.
Movable and immovable military property
The legal regulation of military property also depends on whether we are talking about movable or immovable property. The real estate is usually called the warehouse and barracks-housing buildings located on the balance sheet or attached to certain military organizations.Moving these objects without harming their intended purpose is not possible.
Movable military property is called all the materiel of organizations that are transferred to them in accordance with the rules prescribed by law in order to perform special tasks performed to protect and defend the country.
The legislation still has not resolved the issue of state registration by military units of property rights to real estate, which is assigned to them. The Civil Code provides for compulsory registration for all types of real estate and provides for the entry of information in a single register that any person can receive.
A contradiction arises here, since information about many military facilities is secret and its disclosure is unacceptable. Therefore, on a common basis, only those objects that take part in civil circulation can be registered, namely, they are leased and used for other purposes.
Rights of the owner of military property
The subjects of legal relations regarding property in the military sphere are:
- Russian Federation, and specifically the Government.
- Government-authorized bodies, including federal executive bodies, the Ministry of Property Relations, and military authorities.
- Military organizations.
As mentioned, military property belongs to the state, and the rights of the owner are exercised by the government and authorized bodies. Part of the authority to manage defense property is delegated to subordinate bodies. Detailed credentials can be found in the regulations on these services, job descriptions, etc.
The rights of the owner are exercised by the Government, in accordance with applicable laws and regulations, both civil and military-administrative. The rights to the possible sale of military property in Russia, its use and ownership are transferred to military organizations. They not only receive property, but also ensure its safety and intended use. The owner controls this process.
Real Estate Management
The list of rights exercised by the government in relation to the military sphere includes:
- Creation of a military organization.
- Definition of the goals and subject of activity of a military organization.
- Reorganization and liquidation.
- Appointment of a manager.
- Obtaining a share of the profit obtained by using the property of the organization.
These powers significantly affect the regime of military property of a legal nature, determining its use and storage.
What agreements apply to real estate transactions?
The law provides for a special system of transactions for the disposal of military real estate.
Transactions of this kind include:
- Renting out.
- Encumbrance with a pledge.
- Contribution to the charter capital of partnerships and business entities.
- Sale of released military property.
Welcome to such transactions should be given directly by the Ministry of Property Relations. The disposal of those types of property that are related to the field of economic management, no restrictions are imposed, if this is not provided for by law.
Release and implementation
The government establishes a special procedure for the sale of released movable military property. Ammunition and weapons are not relevant to this item.
Federal executive bodies decide on the release and further sale of military property at auction. For this, an intermediary is needed, namely, an authorized body of military command, which concludes an agreement with organizations for the purpose of implementation. The mediator is determined on a competitive basis.By the way, many people appreciate what has been done in the Soviet Union, so the sale of military equipment of the USSR from storage has not lost its relevance.
Received from the sale of funds in full are sent to the federal budget. Of this amount, pre-sale preparation and the sale of military property from storage are paid.
Consent disposal
In some situations, military property that is assigned to a certain enterprise under the rights of economic management may be confiscated by decision of the owner. Then the sale of decommissioned military property may occur. Such military property is permissible to use only for strictly limited purposes, which are established by the owner. The company will not be able to dispose of this type of property without the consent of the owner.
The operational management of military property is considered to be derivative of the right of ownership and includes possession, disposal and use. The possibilities of this type of management, however, are more limited than in the right of economic management. This is dictated not only by law, but also by the goals of activities when using military property on the basis of operational management.
The owner has the right to seize excess, misused or unused property, as well as the sale of military property.
Legal entities such as treasury enterprises and institutions may become owners of the operational management of military property. Each organization has its own characteristics and the procedure for the sale of military property.
It should be remembered that the right of operational management, as well as the right of economic management apply to products, income from the use of property, as well as to property that was acquired by a military organization under an agreement.
Termination of rights to military property
The annulment of the rights of economic management and operational management occurs in the manner prescribed by law, equivalent to the termination of the right of ownership, which cancels the possible sale of military property. A similar situation can occur by the will of the owner or an authorized body of authority.
Reasons for revocation of property rights
In the military sphere, the following may be grounds for terminating property rights:
- Intended use in daily activities, including medicines and food, as well as during hostilities, including missiles and ammunition.
- In case of loss of property during the period of hostilities, due to negligence or other illegal situation.
- As a result of the organization’s participation in civil circulation in situations that are prescribed by law.
- In the process of selling military property in connection with a decision adopted by higher governing bodies.
- Seizure by authorized higher defense authorities. This is relevant for the reformation, reduction, relocation, liquidation or removal of material resources from the supply.
Guaranteed property regime
Legal guarantees of the legal regime of property are:
- The presence of special government agencies, which are legal units of the armed forces and other types of troops, bodies and units, as well as military courts and prosecutors.
- Availability of funds to ensure the targeted use and preservation of military property. The right to appeal to a court or military prosecutor's office, as well as to conduct an examination of projects, acts and contracts.
- The military command and control bodies have the right to exercise control over the fulfillment by subordinates of the legal regime and the possible sale of military property.
- Military administrative norms prevail in normative acts.
- Liability of the military for property damage.