Publication date: 11.06.2024
Legal regulation of municipal property: management and disposal
Introduction
Communal property is an important resource for the development of local communities in Ukraine. Effective management and disposal of municipal property helps to provide local communities with adequate housing and communal services, create conditions for economic growth and improve the overall quality of life. This article discusses the key legal aspects of management and disposal of municipal property in Ukraine.
Legal framework
The legal regulation of municipal property in Ukraine is carried out by a number of regulatory acts, among which the main ones are:
The Constitution of Ukraine:
- Article 142 of the Constitution of Ukraine stipulates that territorial communities have the right to own, use and dispose of communal property.
The Civil Code of Ukraine:
- Regulates general property issues, including the ownership rights of territorial communities to communal property.
The Law of Ukraine "On Local Self-Government in Ukraine":
- Defines the powers and functions of local governments in the field of municipal property management.
The Law of Ukraine "On Privatization of State and Municipal Property":
- Regulates procedures for privatization of municipal property, including sale and lease.
The Law of Ukraine "On Lease of State and Municipal Property":
- Defines the procedure for leasing municipal property, the rights and obligations of landlords and tenants.
Management of municipal property
Governing bodies:
- Municipal property is managed by local councils and their executive bodies. They are responsible for the efficient use, preservation and development of municipal property.
Strategic planning:
- Local councils develop and approve strategies for the development of municipal property, including programs for infrastructure modernization and optimization of property use.
Property inventory:
- Regular inventory of municipal property ensures accurate accounting and control over its condition, which is the basis for effective management.
Disposal of municipal property
Sale of property:
- Municipal property is sold through auctions or tenders, which ensures transparency and competition. The proceeds are used to develop local infrastructure.
Property lease:
- Lease of municipal property is an important source of local budget revenues. The terms of the lease are set out in contracts concluded on the basis of the results of tenders or auctions.
Concessions and public-private partnerships (PPPs):
- In order to attract investment in the development of municipal infrastructure, local councils may enter into concession agreements or PPP agreements, which allows for the efficient use of property.
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Challenges and prospects
Challenges:
- Insufficient transparency of property management and disposal procedures, corruption risks, inefficient use of resources, and lack of modern management methods.
Development prospects:
- Implementation of modern property management technologies (electronic auctions, accounting systems), strengthening the transparency and accountability of local governments, and involving the public in decision-making processes.
Conclusion.
The legal regulation of municipal property in Ukraine creates the necessary preconditions for the effective management and disposal of this important resource.
