In Chapter 1 «General theoretical basis of using other owner’s assets while doing business» author specified features of other owner’s assets while doing business. Taking into account these features, the author proposed the determination of other owner’s assets while doing business.
It turns out that the list of other owner’s assets is mainly influenced by both the form of ownership of the property and the legal titles of its use while doing business.
A difference between the concepts of using property and exploitation of property has been made. It is proposed the definition of the using other owner’s assets while doing business.
It is motivated that separate entities of economic organizations may act as subjects of the using of other owner’s assets.
It is further argued that the using other owner’s assets occurs within the framework of economic relations, which may be preceded by organizational and managerial relations, and that these relations acquire the character of predominantly absolute or absolutely relative legal relations.
Additionally, it has been generalized basic provisions (principles) of the using other owner’s assets while doing business.
It is specified that the legal regime of other owner’s assets used while doing business represents a special procedure for legal regulation of the composition of other owner’s assets, the conditions and procedure for its acquisition, using, the grounds and procedure for terminating using, protecting the rights and responsibilities of the user of other owner’s assets.
In Chapter 2 «Basic and additional legal titles of using other owner’s assets while doing business» it is additionally stated that the right of economic management and the right of operational management should be considered as real viable legal titles of the using assets that meet current economic conditions and allow the owner to fully exercise its powers in relation to property suitable for using while doing business.
It is grounded that the right of economic management and the right of operational management differ from trust right.
It turns out that the legal title to the using of assets by separate divisions of economic organizations and economic organizations to which undistributed state property is transferred to the balance sheet may be the right to operational use of property that is derived from ownership, economic management or operational management.
It is proposed to use a competitive method for concluding lease of state and municipal property, which corresponds to the legally established principles of leasing. Also, it is stated the guarantee role of the model agreement on securing all the essential conditions of the contract of the corresponding state and municipal property, the rights and obligations of the parties to the contract and simplifying the registration of lease relations.
It is clarified that the realization by the lessee of the right to sublet state or municipal property depends both on the consent of the owner, and it can be limited by the norms of the law. The procedure for the emergence of a business entity’s right to use state or municipal property on the basis of lease and concession agreements is specified. It is argued that the moment of termination of the lessee’s duties is the return of the leased property to the lessor, and not the expiration of the lease, and that for the lessee to return certain property, the parties must agree on the procedure for the return.
It is clarified the features of using other owner’s assets on the basis of the easement established by the contract.
In Chapter 3 «Protection of rights and responsibility when using other owner’s assets in course of doing business» it is argued that the recognition of acts of state authorities, local authorities on the disposal of property fully or partially invalid and invalidation of economic agreements concluded by the property owner with third parties, if this impedes the use of property, are the special ways to protect the rights of these business entities from the owner of the property.
Grounds for economic and legal liability for violations of the using other owner’s assets are grouped into: 1) violation of obligations related to the using other owner’s assets (violation of the duty of targeted use of property, damage (deterioration, damage) of property, its destruction or loss, violation of the obligation to return the property from use, and 2) violations that are not related to the use of it, but take place in this relationship (violation of obligations to pay for the using other owner’s assets or other payments, and obligations established by law for the use of property on a particular legal title).
It is emphasized that the forms of contractual economic and legal liability, if not prohibited by law, may imply penalties and operational and economic sanctions aimed at restoring the violated right (property status) of the parties to the contract.
