{"title":"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","authors":"V.M. Pyshchida","doi":"10.24144/2788-6018.2024.02.84","DOIUrl":null,"url":null,"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. \nIt 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.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 822","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Separate issues of determining the characteristics and types of public property as an object of administrative and legal relations\",\"authors\":\"V.M. Pyshchida\",\"doi\":\"10.24144/2788-6018.2024.02.84\",\"DOIUrl\":null,\"url\":null,\"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. \\nIt 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.\",\"PeriodicalId\":227965,\"journal\":{\"name\":\"Analytical and Comparative Jurisprudence\",\"volume\":\" 822\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-05-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Analytical and Comparative Jurisprudence\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24144/2788-6018.2024.02.84\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analytical and Comparative Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24144/2788-6018.2024.02.84","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Separate issues of determining the characteristics and types of public property as an object of administrative and legal relations
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.