National Culture-Specific Property Phenomena (Right Of Operational Management, Right Of Economic Management)[Національні Культурно-Специфічні Речові Феномени (Право Оперативного Управління, Право Господарського Ведення)]

1. In domestic jurisprudence, the property rights, in addition to the RIGHT OF OWNERSHIP and LIMITED PROPERTY RIGHTS TO PROPERTY OF ANOTHER, include the RIGHT OF ECONOMIC MANAGEMENT and the RIGHT OF OPERATIONAL MANAGEMENT. 2. While the RIGHT OF OWNERSHIP and LIMITED PROPERTY RIGHTS TO PROPERTY OF ANOTHER are independent (primary) property rights, the RIGHT OF FULL ECONOMIC MANAGEMENT and the RIGHT OF OPERATIONAL MANAGEMENT are property rights of secondary (derivative) nature. 3. Sometimes the exercise of OWNERSHIP directly by the owner is functionally impossible. In such cases, the law uses the so-called property rights of secondary nature: RIGHT OF FULL ECONOMIC MANAGEMENT and RIGHT OF OPERATIONAL MANAGEMENT. Subject the of the proper property right transformation into secondary property rights is the STATE of Ukraine or TERRITORIAL COMMUNITY. By vesting state and communal enterprises, organizations, institutions with the right of operative management (economic management), the STATE or TERRITORIAL COMMUNITY does not transfer the right of ownership to such entities - their property continues to belong to the corresponding entity. Corresponding entities are vested only with the right to exercise the relevant powers of the owner: RIGHT TO OWN, RIGHT TO USE, RIGHT TO DISPOSE within the limits established by the owner. Such transferred rights cannot exist independently, separately, per se, and serve as a means of exercising the right of ownership by its subject. Such rights are granted to a person indefinitely and free of charge. 4. The RIGHT OF ECONOMIC MANAGEMENT is a property right of a business entity that owns, uses and disposes of property assigned to it by the owner (authorized body) with the limitation of the authority to dispose of certain types of property with the owner`s consent. A subject of the RIGHT OF ECONOMIC MANAGEMENT is state commercial enterprise, utility commercial enterprise. 5. The RIGHT OF OPERATIONAL MANAGEMENT is considered as property right of an economic entity that owns, uses and disposes of property assigned to it by the owner (authorized body) for carrying out NON-COMMERCIAL ECONOMIC ACTIVITY within the limits established by the property owner (a body authorized by him/her).