Property is the relation to the means of production for the purpose of generating income, the right to own, use and dispose of the means of production. Economic relations are relations of ownership of the means of production.

The legal category of property is the relationship of appropriation regarding property (enshrined in the rule of law). Property as legal category there is property relation. This is the right of the subject of ownership to property or relation to things, i.e. to the property.

Intellectual Property Protection Explained

Intellectual property protection. Entrepreneurs and business owners need to understand the basics of intellectual property law in order to better protect their hard-earned creations and ideas from unfair competition. Intellectual property includes the distinctive elements that you create and those that provide you with an economic benefit.

Look for professional experience to help your company plan for success and avoid theft of ideas, designs, and other concepts.

• Determine which of your ideas fall under a particular protection option.
• The file will reduce your chances of losing protection as soon as possible.
• Examine international patents as well as those registered in the United States.

Be sure to plan and execute a planned strategy as soon as you start your company or come up with something new.

Distinguish:

A corporate form of ownership in which the owner of the shares has the right to receive part of the income of the joint-stock company.
Individual (private) property is represented mainly in agriculture, crafts, trade, and services.
State property. It includes, first of all, some large industrial enterprises, banks, railways, energy, communications, etc.
Cooperative property is an independent organization created by a group of people who voluntarily unite to share their own immunity in economic activities.
The collective form of ownership, the labor collective, being the owner, participates in the management of production, elects the head of the enterprise.

Such as literary works, music, dramatic works, pantomime and choreographic works, sculptural, graphic and graphic works, sound recordings, artistic works, architectural works and computer software. With copyright protection, the owner has exclusive rights modifying, distributing, performing, creating, displaying, and copying the work.

To qualify under copyright laws, a work must be fixed in a tangible medium, such as words on a piece of paper or music written on a piece of paper. Copyright exists from the moment a work is created, so registration is voluntary.

In the Russian Federation, there are the following forms of ownership: private, state, municipal and other forms of ownership (joint, collective, intellectual, property of public organizations (associations), foreign countries, legal entities and citizens). There are 2 types of property: private and common.

Private property involves the appropriation of factors of production (resources) and goods by an individual and alienation from them by another part of society.

Property and its forms

And for an invention that allows the patent owner to exclude others from the manufacture, sale or use of the invention. Inventions allow many businesses to be successful because they develop new or improved processes or products that offer a competitive advantage in the marketplace.

You will unlock three types of patents. A utility patent is the most common type, covering any process, machine, product, or composition of matter, or any new and useful improvement. To qualify for a utility patent, an invention must be new, non-obvious, and have some utility. Roman means new and unknown to anyone else, while non-obvious means it may not be immediately obvious to those with normal industry skills. A design patent covers any new, original, and decorative design for a product, while a factory patent covers any new range of a factory producing a useless product.

Common property is the belonging of certain objects of property to a family, community, association, team, people, state, society. This is a shared property. All subjects have a real and equal right to own, use and dispose of property, taking into account personal, collective and public interests. Common property can be transferred to private property and vice versa.

A design patent lasts 14 years, while a utility or plant patent lasts 20 years. With patent protection, the payer's holder can bring suit against anyone who copies a patented invention, design, or discovery. Without this legal protection anyone can use such designs, products and processes without risk. In fact, if you don't give patent protection on his invention within 12 months after its publication in a public setting, the opportunity to patent it will fail.

Other companies or individuals may also apply for a patent on your idea, removing your chance to do so in the first place. Before applying for a patent, you must determine who will own the idea. Some companies apply for patents on their protected inventions, but if an employee comes up with the idea, an individual may be given a patent holder. If your company owns the patent, you must defend the patent with the company if the employees involved in the invention process sign an agreement that the idea belongs to the company.

The modern economy is called a mixed economy, in which both types of property can be found.
Private property is the property of citizens to land plots, housing, houses, garden houses, garages, household items and personal consumption, cash, securities, enterprises in the field of production of goods, consumer services and trade, vehicles and other property. The owner can dispose of private objects at his own discretion (sell, bequeath, lease, etc.).

Some industries rely more heavily on patents than others. For example, pharmaceuticals go through extensive and costly testing procedures to ensure products are safe for human use. When you're spending heavily on a product, filing for a patent is one way pharmaceutical companies can protect their investment. Without a patent, any other company could produce an exact copy of the drug.

The Senate passed the American Promotion Act, one of the most significant changes in patent law in the last century. The final details of the laws are still pending, but his goal is to change what makes an idea patentable. This act also increases the protection for the first person or company to file a patent. Critics of the act believe that the regulation could be biased towards larger companies with more funds available for patent ideas quickly.

State property acts in the form of federal property and the property of subjects (territories, regions, republics) of the Federation. It is administered by the state property management committees on appropriate terms. The objects of federal property are the property of the authorities and administration of the Russian Federation (buildings, structures, equipment, cultural and historical values ​​of the country, air, land, river transport, State budget funds, pension, insurance and other funds, communications, fuel and energy complexes, etc. .), which are necessary for the implementation of tasks at the country level.

From a legal point of view, the basis for classification is the adopted laws, regulations, codes that determine the legal status of the enterprise. A more detailed gradation of forms of enterprises is contained in the Civil Code of the Russian Federation, where

Those on the opposite side believe that patents and other forms of protection limit free trade and economic growth. A trademark is a word, phrase, symbol, or design that distinguishes one business's source of products or services from competitors. In order to qualify for patent protection, the mark must be distinctive.

Collective (cooperative) property - common property created by combining the property of private, state, municipal property and property public organizations(associations). The property simultaneously belongs to several persons with the determination of the share of each of them ( fractional ownership) or without defining shares (joint ownership).

Before registering your trademark, search federal and state databases to make sure that a similar trademark no longer exists. Finding that trademark will help you cut down on the time and money you could spend on using an already registered trademark.

Denationalization and privatization of property

To apply, you must have a clear understanding of the mark, as well as an identification of the class of goods or services to which the mark applies. You can apply online, and the registration fee varies depending on several factors, including the type of form and the number of classes of goods or services. Trademarks expire after 10 years and are renewable after 10 years.

One of the defining structural elements economic system are socio-economic relations in society. In turn, they are based on the dominant form of ownership. Property relations have an impact on the economy, politics, ideology, etc.

In the broadest sense of the word property - a historically conditioned form of appropriation of material goods by people. With a more thorough analysis of its content, its economic and legal aspects come to the fore. They are closely interrelated and interdependent.

Once approved, you may legally add a registered trademark mark to your mark. To register a trademark, you can. Before you use the sign, run the "intention to use" application. . If a foreign application exists, the trademark owner may use that application for use in the United States. Filing is difficult, so most applicants hire a lawyer who specializes in trademarks.

Examples of trade secrets include. Soda formula Customer lists Survey results Computer algorithms. . Unlike other types of intellectual property, you cannot obtain protection by registering a trade secret. Instead, protection lasts only as long as you take the necessary steps to control the disclosure and use of the information.

Property as an economic category reflects the objectively developing relations between people regarding their appropriation in the course of economic activity means of production, as well as goods, services and income obtained with their help. Property as legal category reflects in accordance with current legislation the whole range of real (property) rights of people in a given society. When comparing these two categories, the conclusion is indisputable that the legal relations of ownership are a form of expression, existence and consolidation in the legislative and regulatory acts of property relations.

When protecting intellectual property, look at competitors and others in the industry as if they were in competition for your ideas. Protecting yourself and your company is the best way to ensure that no one else can use your distinctive inventions, works, marks or other ideas. Meet with employees frequently to keep them up to date on what needs to be kept out of public discussion and away from the competition. Physical and digital protection of ideas is also essential, so keep an eye on who has access and limit who can get into important databases.

property or real right can be exclusive, absolute and relative and, accordingly, be expressed in terms of disposal, possession and use.

Disposition - the right of the owner to dispose of the property (land, resources, production).

Possession - belonging of an object to a certain subject (person, family, production team, etc.), the possibility of direct impact on the object.

Need help protecting your intellectual property?

By looking at the risk and cost-benefit analysis, you can also decide what is worth protecting. Protecting intellectual property is often expensive and time consuming, so make sure your time and money is worth the investment. "Intellectual property" are those assets that are intellectual, in other words, and not physical, such as copyrights, patents, and trademarks.

Copyrights are creative works that have been fixed in a tangible form

Here's an explanation of the five different types of intellectual property so you understand where they come from, how they're protected, and the differences between them. For example, they can be records, songs, photographs, videos, paintings, sculptures, or audio recordings. "Corrected in a tangible form" means that it's not only in your head, but also in what you say or do - it was saved by some in a physical way. When multiple people create a collaborative work, they may hold the copyright for their part of the creation, or they may jointly hold the copyright, such as two authors who collaborate on a novel.

Use (use) - the use of the object of property in accordance with its purpose and at the discretion and desire of the user.

The classification of property involves the allocation of its two main varieties:

• private;
• public.

World practice shows that the defining type of property in a market system is private, which comes in three main forms:

Copyright usually belongs to the person who created it, even if it was paid for by someone else, unless it was a "work for hire". The cost is minimal and many people can handle the paperwork themselves. It's a great idea to reserve this for works that are important to your business and that you'll probably want to actually enforce rights over, such as an ebook or video series you're selling online.

Filing a copyright on every blog post and photo isn't cost effective or smart, but you can collect them in collections and copyright the entire project. There are other copyright-related rights that are respected in certain jurisdictions. The European Union recognizes "performers' rights" where performers have the right to prevent their performances from being recorded, broadcast or recorded for a period of fifty years after the performance.

• single;
• partnership;
• corporate.

Sole property is characterized by the fact that an individual or legal entity implements all property relations (disposition, possession, use). As a rule, these are simple commodity producers (farming, family farming). In addition, individual property can be represented in the form of the property of an individual private person who can use hired labor.

Combination of forms of state and private property

The United States does not recognize performance rights under applicable federal law. Most countries other than the United States also recognize the "moral rights" of an author, where even if an author licenses or sells the rights to their work, they still have the right to attribution and take their name off the work if doing so would damage the author's reputation.

Patents are grants from the government that give you exclusive rights to your invention for a certain amount of time, in exchange for full disclosure. The moment a patent expires, someone else can make generic versions of your work. Patents usually cover inventions such as machines, electronics, production methods, software, business methods, chemicals and pharmaceuticals. An idea is not patentable on its own. It should be new, not obvious, useful and "reduced to practice".

Partnership property involves the association in one form or another of property, capital of several legal entities or individuals in order to carry out common business activities. We are talking about enterprises formed on the basis of share contributions (means of production, land, money, material values, innovative ideas) of the founders.

Corporate property is based on the functioning of capital, which is formed through the free sale of property titles - shares. Each shareholder is the owner of the capital of the joint-stock company.

As part of public property it is necessary to single out collective, state and so-called public property.

Collective property is formed by its distribution among the employees of the team employed at a particular enterprise (such is a closed joint-stock company).

State property acts as the property of all members of society. However, the implementation of assignment relations through ownership relations is carried out state apparatus, which is designed to personify the socio-economic interests of all segments of the population, professional and social groups of society.

public property implies the belonging of the entire public domain directly (immediately) and at the same time to everyone and everyone individually.

“In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way” (Article 8 of the Constitution of the Russian Federation).

To other forms of ownership in our country are as follows.

Individual property. This form concentrates in one subject all the listed signs: labor, management, disposal of income and property. In the modern economy, this may include those who are commonly called unincorporated owners. In Russia, these can be: peasants running their own farms; individual merchants (including "shuttle traders"); private practitioners; lawyers, all those who combine labor, administration, disposal of income and property.

cooperative property. This form is based on the association of individual owners. In a cooperative, everyone participates with their labor and property, has equal rights in the management and distribution of income.

Shareholding property. This is a group private property, which is created by issuing and selling securities - shares and bonds. The presence of securities is a distinctive feature of the joint-stock form of ownership.

Mixed forms of ownership. this case there is a diffusion of different forms and property relations, as a result of which the internal content of individual forms becomes more complicated. For example, structures of a private enterprise and cooperative nature can be formed within state enterprises. In the transitional economy of Russia, this process has acquired significant proportions.

combined forms. The modern economy, in search of effective functioning and implementation of projects, comes to the unification of various forms of ownership, while maintaining each of them with its own special content. As a result, combined forms are formed. These may include joint ventures, holdings, financial and industrial groups, concerns, trusts and other forms with equal powers to manage, distribute income and dispose of property.

The right of private property is protected by law. “Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons” (Article 35 of the Constitution of the Russian Federation).

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

Concept and types of property

The idea of ​​it has evolved in science for thousands of years, and it has become, first of all, an official object of legal, legal nature as well as philosophy. Long time property as special public relations was the direct subject civil law, but in the conditions of further evolution of social production, it becomes, in addition to 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, tribal, state.

Intertribal, and later interstate wars, inheritance and seizure of wealth gave rise to such inhumane forms of property as serfdom, slavery, the objects of which are people.

During the time of feudalism, the existing subsistence economy was closely connected with the feudal lord through ownership of the land, and through the tools for its cultivation, and through livestock. In the period of capitalism, the means of production are appropriated by the owners of capital. Gradually, the private form of ownership begins to flourish, and the relationship between its objects and subjects is increasingly divided into disposal, possession and use. Subsequently, it changes. A joint-stock form of ownership appears.

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

Ownership relationship- property relationship of the subject (the owner - the active side of these relations, owning its objects, as well as managing, using them) with the object (objects of nature, energies, property, intellectual and spiritual values, substances, information - the passive side of the relationship under consideration). Typically, the object itself is simply referred to as a property.

A broader interpretation of this economic category was provided by various economists, who proceeded from various bases of its static (dynamic) nature, the main manifestations in daily practice, historical and class character, and so on.

Generally own- this is the relationship between certain economic agents regarding the appropriation of consumer goods, economic resources. Essence Awareness 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 according to their relation to property in relation to the means of production. It is customary to distinguish the following types of property, which are characterized by various methods of combining the producer with the means of production; distribution of the resulting social product among the members of society:

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

Typology of the category under consideration

Her relationship improved as society developed. As a result, a wide variety of forms and types of property appeared. The first are the specific characteristics of the belonging of the products of social production and material factors to its main subjects, and the second are qualitatively special stages in the evolution of property. How exactly are forms and types of property interrelated? This is shown in the table below.

They are directly dependent and predetermined by the specific historical conditions of the life of society. At the same time, 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 entirely coincide with it. As it has already become clear, the above types of property correspond to its various forms. Thus, private property - the products of production and its means - belongs to individuals. Collective is the unity of property and labor (collective), more precisely, their special state, in which a single member of the team is the owner of the resulting products and means of production.

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

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

Classification of forms of the concept under consideration

Allocate different kinds property, based on its forms and the nature of the subjects:

1. Depending on appropriation forms:

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

2. Based on ownership:

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

Classifier of forms of ownership in our country

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

Classification code

Property name

1.

Russian State Federal Subjects of the Federation Municipal Public organizations Mixed (without foreign) Russian as a part of mixed with foreign participation foreign international organizations foreign countries Foreign legal entities, citizens, persons without official citizenship Mixed foreign (without Russian) Foreign as part of mixed with Russian participation Mixed with Russian and foreign participation

Intellectual property: concept, features, types

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

Its signs are:

1. The imposition of restrictions as the duration of the relevant intellectual property rights, territories, replication (production volume), etc.
2. The possibility of buying and selling, leasing, exchanging for another kind of property or transferring it free of charge, etc.
3. Intangibility and intangibility (it cannot be identified or determined from the standpoint of physical parameters).
4. The meaninglessness 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.

The types of intellectual property are as follows:

1. Industrial property ( utility models, inventions, prototypes, breeding achievements, trademarks, etc.).
2. Copyright (literary and works of art, Copyright, scientific papers, 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 recordings, 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 subjects of the Russian Federation.
3. Municipal (city).
4. Private.

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

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

Private form of assignment to the factor of production in question

There are the following types of land ownership:

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

There are such types of common property as:

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

Legal entities, as well as individuals, may, by expressing a desire, combine their land, which are in their ownership, and subsequently use them on the basis of common joint (shared) ownership.

Private property: definition, types

This concept suggests 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 the means of production (peasants, artisans and all those who live in our time by their labor were the owners).
2. Sole ownership of the means of production and products of labor of people working for the owner (in the past, the owners were landowners, slave owners, and at the moment - small businessmen).

State property: concept, types and levels

This means that the relevant property belongs to the people, which is represented by their elected representatives. representative bodies state power.

Kinds state property associated with existing levels:

1. The federation as a whole is federal property.
2. The subjects of the Russian Federation (there are 89 in total) are regional property.
3. Cities, villages, districts, etc. - municipal property.

Entrepreneurship: definition, forms

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

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

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

• commercial organizations (the goal is to make a profit);
• non-profit institutions (non-profit purposes).

There are the following types of ownership of enterprises (organizational and legal forms):

These are the main types of property ownership of organizations. It is important to consider this category with legal point vision.

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 the commission of any actions with his property that do not contradict the law (other legal acts) and do not violate the rights, legally protected interests of other persons.

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

• ownership (finding property in the farm of the direct owner);
• use (exploitation of property through its consumption, withdrawal 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 subjects who own the same subject (object), and the specifics legal regime 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.

There are the following types of common property rights:

• joint;
• share.

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

Grounds for the emergence this right(property titles) is a set of legal facts, divided into initial (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 ones include:

• production of a new good;
• transfer of ownership of things with public access;
• find;
• treasure discovery;
• processing, specification;
• acquisition of the right of ownership to an ownerless thing;
• detention and subsequent maintenance of neglected animals;
• acquisitive prescription.

The second ones are:

• nationalization;
• acquisition of the right of ownership to the property of a legal entity upon 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) for 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.

Considered right terminated upon the occurrence of the following events:

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

Previously, the main types and forms of property rights were considered, now it is worth analyzing the ways to protect it. To begin with, it is required to define the concept of protection of property rights - the application of the provided Russian legislation civil law protective methods to remove obstacles that hinder the implementation of the right in question. The newly introduced category is protected by a larger concept - the protection of property relations, acting through civil law setting the following:

• the degree of property isolation of material goods, their belonging to the participants in civil relations;
• provision with conditions for the implementation of the rights of owners within the appropriate limits;
• the possibility of adverse consequences for entities that have violated the rights of specific owners.

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

• mandatory-legal;
• property law;
• other means of protection.

In a situation of direct violation of property rights associated with unlawful acts of third parties that exclude or limit the possibility of the owner exercising his powers, the absolute protection of the violated right is activated, focused on eliminating the obstacles to its implementation. The claims brought in these cases are property rights and protection is appropriate. The above claims include: negator(the requirement to remove obstacles in the course of exercising property rights that are not related to a violation of the owner's right) and vindication(the right of the owner to search and return his thing).

Law of Obligations protective methods are based on the protection of certain property interests of counterparties civil deal 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 ownership right. Claims brought by the owner in relation to the offender are aimed at removing obstacles in the implementation due law property (for example, claims for the return of saved or unjustly received property) and compensation for harm (losses). The use of this kind of protective methods is connected with the degree of guilt of the parties, the specifics of their relationship, and so on.

Protection of interests of a property orientation within the framework of generally binding legal relations is not directly absolute. The degree of protection is set in judicial order through scoping legal violation due to the relationship of counterparties, which are based on the relevant agreement (non-contractual obligation). In this regard, provided that there are contractual (non-contractual) mandatory legal relations between the participants in this dispute, the Russian civil law does not provide the owner with the opportunity to choose the type of claim (substantial or obligatory legal), preventing their competition.

Other civil remedies- those that are provided for claims against state authorities and administration, as well as claims for recognition particular right property.

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

I. ECONOMY

37. Property and its forms

The strategic goal of the transition period in Russia is the formation of an efficient market economy with a strong social orientation. The conditions for creating such an economy are:
a) the predominance of private property;
b) creation of a competitive environment;
c) an effective state that provides reliable protection of property rights and creates conditions for economic growth;
G) efficient system social protection;
e) an open, globally competitive economy.

There are two stages in Russian privatization.

The first of them occurred in 1992 - the first half of 1994.

Since the middle of 1994, the transition to the second stage has been carried out.

The main organizational and legal forms of entrepreneurship in the Russian Federation:
– individual entrepreneur(PBOYuL);
- business partnership:
general partnership,
a partnership of faith;
- economical society:
an open society
a closed society.

Own- a historically defined method of appropriation-alienation of objects of production and non-production consumption. Ownership is always associated with the object of appropriation-alienation, but it is not an object, but a relationship about the object.

Forms of ownership

A. By object:
1) ownership of the means of production:
– natural working conditions,
– Natural resources,
– general terms and Conditions labor,
- raw materials
- tools,

2) ownership of production workers;

3) ownership of consumer goods;

4) ownership of products of intellectual labor (intellectual property of technology, information, etc.).

B. According to the type of appropriation-alienation (respectively, the type of property right):

1) common property:
- primitive communal
- family,
- collective,
- public,

2) private property:
- labor,
- unemployed,
- slaveholding,
- feudal
- capitalistic.

B. According to the material content:

1) appropriation-alienation relations;

2) relations of use of property:
- property - title (owner),
– property – function (owner);

3) relations of economic realization of property:
- Income relationship.

G. By legal content:
1) possession;
2) use;
3) order.

D. By forms of management:

1) state property:
- interstate,
- national-state,
- municipal;

2) property of the joint-stock company;

3) property of the cooperative;

4) property of a business association:
- "pure"
- "mixed";

5) ownership of the joint venture;

6) personal property.

Property is a system of economic and legal relationships between people regarding the possession of material and spiritual property.

The powers of the owner include the ability to exercise possession, disposal and use of property.

Ownership means the actual possession of property, as well as the ability to sell, donate, exchange or, God forbid, leave property as an inheritance.

Disposition- this is the ability to manage property for the purpose of generating income, as well as the right to lease or mortgage property.

Right of Use enables the owner to satisfy his needs with the help of his property.

The rights of possession, use and disposal are not necessarily concentrated in the hands of one natural or legal person. For example, the tenant only manages and uses the property; a person under guardianship cannot always fully exercise his rights regarding the possession and disposal of property.

In modern economic science, a number of specific rights of the owner are also considered. For example, " sovereign right" means the ability to destroy an object of property belonging to an individual or change its properties. This right is often limited by law, for example, in relation to privately owned works of art. The right to "residual property" means that the owner, whose property has been illegally confiscated, can demand, even after a considerable period of time, its return or monetary compensation equivalent to the value of the lost property. The right to a residual character is sometimes exercised by victims of illegal repression, refugees of the period civil wars etc.

Owner's responsibility it expresses itself as:

Bears the costs associated with the maintenance of property (for example, the obligations associated with the repair of housing, the maintenance of a family, pets, i.e. the owner is responsible for those whom he has tamed);

In case of infliction on someone material damage must pay for it out of his property.

Protection of the owner's rights involves the establishment of legislative norms punishing the seizure (theft) of property from the owner or causing damage to his property, as well as the ability of the owner to protect his property.

Main forms of ownership are:

1) state property, which is divided into:

a) federal;

b) municipal;

2) private, which, in turn, can be divided into:

a) personal (individual);

b) collective.

In federal ownership in most countries are:

Resources of the continental shelf;

Unique natural objects;

Cultural and historical monuments;

State treasury;

Property of the armed forces and law enforcement agencies;

Property of state administration bodies;

Defense production facilities;

Separate objects of science and education; individual industrial, agricultural and service enterprises.

Objects municipal property usually are: property bodies local government and meetings of deputies, public utilities facilities, individual educational institutions etc.

In personal ownership, in addition to elements of consumer capital, there may also be means of production (physical capital).

Varieties collective property are:

Ownership of collective enterprises;

Own political parties, trade unions, foundations, sports societies, various non-profit organizations, etc.

educational institution
"Belarusian State University of Culture and Arts"
Department of Management of Social and Cultural Activities

abstract
On the course "Economic theory"

Topic:
"Property, its essence, forms and types"

Completed:

Student FZO 111v group

Tolochko Valentin Fadeevich.

Minsk 2010

PLAN

Introduction.

1. Essence of property.

2. Types of ownership.

3. Forms of ownership.

Conclusion.

Bibliography.

Introduction.
Property is one of the most important and complex problems of the economy and economic theory. The history of the economic life of society during periods of increased social activity leads, as a rule, to a redistribution of objects and property rights.
The goods of life that we need are limited. The same is true of the economic resources necessary for the production of these goods. In every society, a certain order is established, the distribution of economic resources and final goods. In the modern economy, this function is performed by the market and the state, dividing the corresponding responsibilities in a certain way.
The factor of limited living goods and economic resources requires not only the development of a certain order for their distribution, but also the establishment of some rules for controlling them. Final goods and economic resources, if they are limited, cannot be equally accessible for disposal and use by absolutely all members of society. If this were so, then chaos would reign in society. This means that society must necessarily decide what rules will protect the right to control certain participants economic life for final goods and economic resources received as a result of market or state distribution. This is one of the conditions for their effective use, reproduction.
To solve this problem in modern society, property norms are used. And in order to have a more complete picture of property, one should determine the place that belongs to it in the system of social relations.
Property is the basis of the entire system of social relations. The forms of distribution, exchange, and consumption also depend on the nature of the established forms of ownership.
The position of certain groups, classes, strata in society, the possibility of their access to the use of all factors of production depends on property.
Property is the result of historical development. Its forms change with the change in production methods. Moreover, the main driving force of this change is the development of productive forces.
Although within each economic system there is some basic form of ownership specific to it, this does not exclude the existence of its other forms, both old ones that have passed from the previous economic system, and new, original germs of the transition to the new system. The interweaving and interaction of all forms of ownership has a positive impact on the entire course of the development of society.
The transition from one form of ownership to another can proceed along an evolutionary path, based on a competitive struggle for survival, the gradual displacement of everything that dies off, and the strengthening of what proves its viability under appropriate conditions. At the same time, there are also revolutionary ways of changing forms of ownership, when new forms forcibly assert their dominance.

1. Essence of property.
Property is a historically defined relationship between people regarding the appropriation and alienation of the means of production, the results of production, resources and labor.
Economic category - historically developing social relations regarding distribution (appropriation), describing belonging to a subject that has the exclusive right to dispose, possess and use an object of property. The totality of things belonging to a given subject (owner) constitutes the property of the corresponding person, therefore, property relations are also called property relations.
The legal category is the most complete set of rights that a subject of law may have in relation to his property.
Civil Law Institute - a set of legal norms aimed at regulating the economic relations of property by the methods of civil law.
Property - directly the object of ownership, the property itself, owned by someone on the right of ownership.
Property as an economic category is a relationship between people regarding the material basis of economic activity, i.e. means of production. In this regard, property is closely connected with economic power, with the management of production, with everyday relations between people. Since the ultimate goal of any economic activity is to achieve a certain effect in the production and sale of goods and services, the manager of this effect and its owner is the owner of the material factors of production, i.e. land and capital. Therefore, property relations form the basis of socio-economic relations between people, determine the nature of these relations, people's behavior.
Property relations arise only if there are at least two subjects.
AT primitive society At first there was no concept of ownership. But gradually, tools, household items, housing, livestock became private property. Later, the land also became private property.
The economic relations of property are, first of all, the relations that develop between the subjects of economic activity regarding certain benefits. At the same time, first of all, actual relations are taken into account - who controls the property, has complete information about it, makes decisions on the procedure for its use, alienation and distribution of profits.
PROPERTY is a social relation. Without the relation of other persons to the thing belonging to the owner as to someone else's, there would be no relation to it of the owner himself as to his own. The content of property as a social relation is revealed through those connections and relations that the owner necessarily enters into with other people in the process of production, distribution, exchange and consumption of material goods.
PROPERTY is a property relation, and in a number of property relations it occupies a dominant place. The owner can do anything with respect to his thing that is not prohibited by law or does not contradict the social nature of property. The will of the owner in relation to the thing belonging to him is expressed in possession, use and disposal her. Ultimately, the specific acts of the owner in relation to the thing are reduced to them.
POSSESSION means the economic domination of the owner over the thing. Ownership expresses the statistics of property relations, the attachment of things to individuals and collectives.
USE means extracting useful properties from a thing through its productive and personal consumption.
INSTRUCTION means the performance of acts in respect of a thing that determine its fate, up to the destruction of the thing. This is the alienation of a thing, and its leasing, and a pledge of a thing, and much more. The dynamics of property relations is already expressed in use and disposal.
In view of what has been said, let us concretize the definition of property given earlier. PROPERTY is the attitude of a person to a thing belonging to him as to his own, which is expressed in the possession, use and disposal of it, as well as in the elimination of the interference of all third parties in the sphere of economic domination over which the power of the owner extends.

2. Types of ownership.
Individual property.
This form concentrates in one subject all the listed signs: labor, management, disposal of income and property. In the modern economy, this may include those who are commonly called unincorporated owners. This form may include: peasants leading their own separate economy; individual traders (including "shuttle traders"); private practitioners, lawyers and all those in whom work, management, income and property are concentrated.
Private property.
Private property is similar in content to individual property in the sense that the main powers are concentrated in one individual or legal entity. But private property, as a special form, differs from individual property in that the signs (powers) here can be divided and personified in different subjects. Some work, but others manage income and property. The position of the latter is determined by economic power, and the position of the former by economic dependence.
The manager (manager) is in an intermediate position, since, as noted above, managers participate in the performance of functions by order. If an individual, being the owner of the conditions of production, does not use the labor of hired workers, then such property should be defined as individual (or private labor).
cooperative property.
This form is based on the association of individual owners.
But this is not the arithmetic sum of individual owners, but their functioning unity. Everyone in the cooperative participates with his labor and property, has equal rights in the management and distribution of income.
Cooperative property can be shared, where the shares of each participant in the property of the cooperative are determined, or without shared property, that is, without the allocation and personification of the shares of the property of each participant.
Small cooperatives do not create special bodies management. In large cooperatives, special management bodies are created and special people are assigned to manage the affairs of the cooperative. In this case, quantitative growth gives rise to qualitative features, since the participants in the cooperative delegate to special bodies and modules one of the most important property rights - management and even partially the functions of disposal.
The content of cooperative ownership is very close to enterprises that have received the name "workers' property", which is formed as a result of redemption by employees of enterprises from private owners.
State property.
It differs from previous forms in that absolute rights property is not owned by individual individuals and their associations, but by state institution public, political and economic power.
The state is the supreme manager of property (conditions of production). Production is managed by state-appointed managers (managers). The peculiarity of the property of state enterprises is that their property is not divided into shares and is not personified in individual participants in the economic process, and in that sense it is unitary.
Ownership of the main factors (means) of production here receives the highest form of anonymity, since the state bodies act as the subject of disposition of the property of enterprises.
State property is realized in yet another direction.
Possessing economic (and political) power, it directively appropriates part of the income of the subjects of the economic process (through taxes, excises, duties, etc.) and redistributes them.
State property is likely to retain its significance and function as a supporting link in the entire economic chain. The process of privatization, leading to the expansion of individual and group ownership, does not mean that state ownership will be completely curtailed. There are such branches of the national economy that it is inappropriate to break up into elements.
This applies, first of all, to large, most important complexes operating in the interests of the entire state. It is obvious that energy, transport, the production of defense products and some other industries should remain in the sphere of state ownership. This should include the material resources of science, especially fundamental science.
In the recommendations of various authors, the share of state ownership should be 50-30% of fixed production assets.
Nevertheless, one of the main theoretical and practical problems was denationalization, determination and use of the most rational ways, models of privatization.
Privatization is the transfer of state property into the hands of individual citizens, labor collectives, legal entities, or the emergence of various mixed forms of ownership on the basis of state enterprises.
After privatization, a private person, an employee of a privatized enterprise, a labor collective, joint-stock companies, holdings, etc. become subjects of ownership.
The objects of privatization can be trade and service enterprises, housing stock, housing construction, small, medium and large industrial and agricultural enterprises.
municipal property.
Along with the state municipal property is a kind of public property. The supreme manager of the property of municipal enterprises are the bodies local authorities(city, district, etc.). Municipal enterprises are managed either directly by the municipal authorities or through appointed directors (or managers). The generated income can be distributed by municipal authorities, managers independently or with the participation of labor collectives.

3. Forms of ownership.
The form of ownership is a characteristic of a complex internal structure certain types of property. Here, within the framework of a separate form, various types of main powers for labor, management, and income are combined.
mixed forms.
The modern economy is characterized by dynamism, a variety of changes in economic relations, forms and institutions. As applied to property, there is diffusion different forms and property relations, as a result of which the internal content of individual forms becomes more complicated. Within individual forms, features of different types of property are combined. For example, structures of a private enterprise and cooperative nature can be formed within state enterprises, and within state enterprises, features various forms property.
For example, various health centers in public health facilities operate on a private or cooperative basis. Similar structures exist in public higher education institutions. Or, for example, collective farms and state farms were transformed into joint-stock companies, but continue to function on a cooperative basis, again combining the shares allocated to employees.
A special direction in the formation of mixed forms of ownership is the socialization of certain forms: the participation of workers in the management of production and distribution of income; participation of public and private enterprises in providing workers with housing, medical care changes the social sphere of various forms of ownership.
Mixed forms of ownership should not be identified with a mixed economy.
combined forms.
Above, the process of complicating the internal content of individual forms of ownership was considered. The modern economy, in search of effective functioning and implementation of projects, comes to the unification of various forms of ownership, while maintaining each of them with its own special content.
As a result, combined forms are formed. These may include modern enterprises, holdings, financial and industrial groups, concerns, trusts and other forms with equal powers to manage, distribute income and dispose of property. Private, state and other forms can participate in financial-industrial groups and other associations without losing their basic quality.
Forming combined forms, each participant representing one or another form of ownership delegates such a volume of his powers that does not lead to the loss of the basic quality of each of the forms of ownership. If there is a loss of basic quality, then there is a transformation of forms of ownership.
A detailed analysis of mixed and combined forms involves determining the range of powers that are redistributed and additionally acquired as a result of ongoing changes in the internal content of each form or when combined associations are formed on their basis. Combined can be not only forms of ownership, but also property relations that do not necessarily imply specific forms of legal entities, business and institutional structures. The state, for example, has the supreme right to own natural resources. It has the right to develop them and determine the conditions for the division of production and income between the state and business structures. Subsoil development companies have their own powers. Firms themselves can be represented by domestic, foreign or joint ventures. Each of the selected levels is endowed with its own terms of reference. Together, they form a combined ownership relationship for the development of natural resources.
Shareholding property.
Shareholding property is the ownership of many individuals (and legal entities) in a single process of appropriation with unevenly distributed rights. Some individuals have the right to use property (means of production) and to income in the form of wages. Other individuals and legal entities are only entitled to income (ownership of preferred shares). Still others are entitled to income and participation in management. Individual members of a joint-stock company or a group of them can concentrate real rights that give economic power (through a controlling stake). At the same time, all participants in a joint-stock company in one way or another cede management rights to a special body and special people, which in large companies, especially with a scattered block of shares, leads to the isolation of the management function and the concentration of private economic power in the hands of managers. Joint-stock property in its content does not fit into the classical framework of private property. It has the real features of the associated ownership of many participants with the delegation of certain rights and the formation of structures that concentrate these delegated rights.
In connection with the wide distribution of joint-stock ownership in the modern market and transitional economy, it is necessary to specially consider the nature and features of this form. First of all, it is necessary to answer the question: is it a special form of ownership? Based on the features of ownership identified above, the very existence of joint-stock enterprises does not provide sufficient grounds for singling them out as a special form of ownership. First, the object of ownership here is not the means of production, but only the securities representing them. These papers give an unconditional right to a share of income and a conditional right to participate in management. But by themselves, these papers do not give any right to dispose of even that share of the property that corresponds to the nominal or market price of the security. Secondly, the nominal right to participate in management can turn into a real opportunity only for those who have concentrated a controlling stake in their hands. From this point of view, the joint-stock form is a kind of anonymity of ownership, which creates rich opportunities for the concentration of economic power in a part (usually smaller) of the participants.
Joint-stock property has the following main features.
First, in terms of the composition of participants (owners), it is mixed and combined at the same time. Its participants can be a variety of legal entities (including the state and foreign participants). Secondly, joint-stock companies create the effect of a multiplicative disposal of other people's property and other people's assets, moreover, on a voluntary basis. The owners of the controlling block of shares dispose of the real property of the company's participants who do not have a controlling block of shares. Thirdly, joint ownership gives rise to signs of a transitional form. In its content, it combines the features of private and public property.

Conclusion.
World experience in the development of the economy in the past and present testifies to the existence of a wide variety of forms of ownership. Polymorphism, or diversity, of forms of ownership, mobility and reliability of rights and relations based on its basis are especially characteristic of a modern developed market economy.
Ownership comes in two varieties: private and public.
State property in the countries of developed capitalism is concentrated today in an extremely limited range of industries that, for one reason or another, are unprofitable or even unprofitable, which makes them unattractive for private capital. It's about mainly about socio-economic infrastructure (railway transport, utilities, education). In other industries, there are only "point" participation of the state in the form of blocks of shares in a number of firms.
Enterprises that are called state-owned are either wholly owned by the state, or it owns a controlling stake (or at least has a solid blocking minority). Legally, their owners in federal states are federal and land authorities (such as the lands of Germany or the states of the United States, i.e. formations such as subjects of the federation in Russia), and in unitary states– relevant central and regional institutions.
Municipal property (cities, communities, etc.) is directly adjacent to state property; in their economic nature, they are related to each other. The only difference is that municipal property is connected with the budget of a lower level and operates in a territorially limited area of ​​the national economy.
Private property, in turn, has found its embodiment in three forms: individual, partnership and corporate. With a single form, the owner is a single individual or entity, with a partnership - there is a combination of property of several legal or individuals, with a corporate one, any person can become the owner on the basis of ownership of the title of ownership - a share.

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