Separate issues of determining the characteristics and types of public property as an object of administrative and legal relations

V.M. Pyshchida
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Abstract

In the article, based on the analysis of normative legal acts and scientific works, the analysis of the features of public property as a legal category and object of administrative-legal relations was carried out, the types of public property were distinguished and the author's approaches were proposed regarding the classification features of its division into types. It has been established that the separation of public property according to its intended purpose into: 1) public property, which should include: a) railway, automobile, water, air routes, is of significant importance for the definition of public property as an object of administrative and legal relations with the exception of those that are in private ownership in accordance with the norms of current legislation, for example, Article 25 of the Law of Ukraine «On Motorways»; b) boulevards, streets, alleys, roads, squares, squares, embankments, parks, entrances, driveways , parks whose legal status is defined in Art. 83 of the Civil Code of Ukraine and classified them as lands owned by territorial communities and not subject to transfer into private ownership; c) houses and premises of public purpose, the list of which is defined in the State Building Regulations of Ukraine, which are grouped into the following groups: houses, buildings and premises of preschool educational institutions, houses, buildings and premises of educational institutions, health care and recreation facilities, physical education and health and sports facilities, cultural and performing arts facilities, establishments of trade, food and household service enterprises, institutions of social protection of the population, scientific and research institutions, transport premises intended for direct service of the population, institutions of communal economy (except production, storage and transport buildings and structures); 2) property that ensures the functioning of public administration bodies: furniture, office equipment, motor vehicles, means of communication, special equipment, firearms and ammunition, information databases, archival documents, etc.; 3) public funds: funds of world and European institutions, involved in the use in Ukraine for the needs of the development of the public sphere, funds of the State budget, funds of local budgets, revenues, costs and expenditures of the budget, funds from the provision of additional administrative services provided by entities authoritative powers.
分别确定作为行政和法律关系客体的公共财产的特征和类型的问题
文章在分析规范性法案和科学著作的基础上,对公共财产作为一个法律类别和行政法律关系客体的特征进行了分析,区分了公共财产的类型,并就公共财产类型划分的分类特征提出了作者的方法。研究认为,公共财产应根据其预期目的分为以下几类1) 公共财产,其中应包括:a) 铁路、汽车、水路、航空线路,这对于将公共财产定义为行政和法律关系的客体具有重要意义,但根据现行法律规范(如《乌克兰高速公路法》第 25 条)属于私人所有的除外;b) 林荫大道、街道、小巷、道路、广场、广场、堤坝、公园、入口、车道、公园,其法律地位在《乌克兰民法典》第 83 条和第 84 条中有明确规定;c) 铁路、汽车、水路、航空线路,这对于将公共财产定义为行政和法律关系的客体具有重要意义,但根据现行法律规范(如《乌克兰高速公路法》第 25 条)属于私人所有的除外。乌克兰民法典》第 83 条将其归类为领土社区所有的土地,不得转为私人所有; c) 《乌克兰国家建筑条例》中规定的公共用途的房屋和房舍,可分为以下几组:学前教育机构的房屋、建筑物和房舍,教育机构的房屋、建筑物和房舍, 医疗和娱乐设施,体育、健康和运动设施,文化和表演艺术设施,贸易、食品 和家庭服务企业,居民社会保障机构,科学和研究机构,直接为居民服务的运 输场所,社区经济机构(生产、储存和运输建筑物和结构除外); 2) 确保公共行政机构运作的财产:家具、办公设备、机动车辆、通讯工具、专用设备、枪支弹药、信息数据库、档案文件等; 3) 公共资金:公共行政机构的资金、办公设备、机动车辆、通讯工具、专用设备、枪支弹药、信息数据库、档案文件等。3) 公共资金:参与乌克兰公共领域发展需要的世界和欧洲机构的资金、国家预算资金、地方预算资金、预算收入、成本和支出、权力实体提供额外行政服务的资金。
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