scholarly journals Public Property and Its State Form: Contradictions and Potential of the USSR

2021 ◽  
pp. 122-127
Author(s):  
Alexander V. Buzgalin
Keyword(s):  
Health Care ◽  
Public Goods ◽  
Economic System ◽  
Private Property ◽  
Extreme Conditions ◽  
Creative Work ◽  
Property Relations ◽  
Public Property ◽  
Social Creativity ◽  
State Form

The article shows that in the USSR, the development of associated social creativity (including such a phenomenon as “enthusiasm”), based on public property, was opposite to the opinions of most economists one of the important sources of development of this economic system. At the same time, the opposite content was hidden behind the form of public property in the USSR – ​the alienation of workers from the functions of management and appropriation of public wealth due to the bureaucratization of state property, which was the main brake on the development of the economy in which these property relations dominated. The analysis of this contradiction shows that public property most fully realizes its potential either as a state property (in such extreme conditions as wars, global catastrophes, etc.), or to the extent it is based on associated social creativity. The potential of public disposal and appropriation based on social creativity is especially great in the field of production of public goods (education, health care, art), where public ownership of the results of creative work can take the form of “everyone's ownership of everything”, which makes it possible to remove the restrictions of intellectual private property.

The Meanings of Property

2014 ◽  
Author(s):  
Ekaterina Pravilova
Keyword(s):  
Legal Status ◽  
Private Property ◽  
Property Relations ◽  
Public Property ◽  
History Of ◽  
Private Domain

This chapter traces the history of property relations in Russia. It examines how Russian rulers came to respect private property as a bulwark of autocracy and what this respect meant for property in the context of Russian monarchal rule. Topics covered include the reign of Catherine the Great and the invention of absolute private domain; the issue of expropriation; the scope and the legal status of state possessions; and initial attempts to introduce the notion of “public property,” which focused on Russia's natural treasures, such as the forests granted by Catherine the Great into the unlimited ownership of the nobles.

THE IMPACT OF THE DEVELOPMENT OF PROPERTY RELATIONS ON THE INSTITUTIONS OF ENTREPRENEURSHIP IN THE REPUBLIC OF AZERBAIJAN

2017 ◽  
Author(s):  
Vugar Nazarov ◽  
◽  
Jamal Hajiyev ◽  
Vasif Ahadov ◽  
◽  
...  
Keyword(s):  
Social Development ◽  
Large Scale ◽  
Private Property ◽  
Scale Transformation ◽  
Economic Relations ◽  
Property Relations ◽  
Property System ◽  
The Republic ◽  
The Government ◽  
The Impact

Local and foreign scientists are now paying growing attention to various issues of property and the philosophical and ethical, political, economic, institutional, social, psychological, and other aspects of its formation, taking into account the requirements of large-scale transformation, which primarily concern post-industrial areas of social development. In consequence, as modern studies rightfully point out, considering property relations, two general restrictions should be taken into account: this is an attempt to explain the absoluteness of their roles, the presence and content of all aspects of socio-economic relations by property relations; and the denial of the role of property as one of the most important factors determining the direction of social development in the present and future.This situation forces a new look at the economic policy of the state in this area, because any financial and monetary measures taken by the government will be doomed to failure if their implementation will be without interaction with the mechanisms of the private property system. The article defines the entrepreneurial sector of the region, its interaction with the institutions of the market system operating in all sectors and spheres of the region's economy, and also shows the influence of the development of property relations on the institutions of entrepreneurship.

PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Public Administration ◽  
Private Property ◽  
Civil Law ◽  
Public Law ◽  
Point Of View ◽  
Management Decision ◽  
Public Property ◽  
Procedural Basis

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.

Varieties of Order in a New Market Context

2017 ◽  
Author(s):  
Regine A. Spector
Keyword(s):  
Political Economy ◽  
Private Property ◽  
Organizational Forms ◽  
Economic Policies ◽  
State Collapse ◽  
Market Interactions ◽  
Property Relations

This chapter asks how we can best study the economic dynamism of Kyrgyzstan’s bazaars, which are crucial pillars of the country’s economy. In contrast to perspectives that view them through the lens of neoliberal economic policies, state collapse and socioeconomic dispossession, or mafia rule, the chapter offers an alternative. It argues that within the context of new private property relations that distinguish traders, bazaar owners, and state officials, those who work at bazaars adapt pre-existing institutions and organizational forms to govern the bazaar, and in this way create islands of order that allow market interactions to flourish. The chapter discusses the book’s methodology and implications for literatures on ideas, institutions, and syncretism, and for studies of political economy and development.

Rethinking Homeless People’s Punishments

2019 ◽  
Vol 22 (1) ◽  
pp. 73-98
Author(s):  
Terry Skolnik
Keyword(s):  
Quality Of Life ◽  
Criminal Justice ◽  
Private Property ◽  
Homeless People ◽  
The State ◽  
Property Right ◽  
Public Property

This article argues that we should rethink homeless people’s punishments for violating quality-of-life ordinances. Those ordinances prohibit acts that are deemed to constitute urban nuisances—urban camping, public urination, and sleeping on sidewalks among them. Violating quality-of-life ordinances can result in expensive fines, administrative fees, and civil consequences for unpaid fines. In line with other scholars’ work, this article demonstrates how our current punishment scheme entrenches individuals in homelessness and operates like a self-fulfilling prophecy. Lacking a private property right and stuck in a cycle of homelessness, homeless people will continue to alleviate their needs on public property and be subject to further coercion and punishment. Homeless people’s punishments for violating quality-of-life offenses are also objectionable because they violate three types of proportionality constraints: the gravity of the prohibited conduct, the homeless person’s moral blameworthiness, and their personal situation. This article proposes an alternate punishment scheme that minimizes the prospect of entrenchment in homelessness and remedies those three proportionality concerns. It argues that the state should adopt a day-fine model for financial penalties, implement criminal justice debt absolution frameworks, and rethink the civil and criminal consequences associated with unpaid fines. A more proportional punishment scheme is neither a solution to the reality of homelessness nor a substitute for the state’s responsibility to ensure better access to housing. However, this article’s proposals can mitigate the gravest consequences associated with homeless people’s punishments, prevent entrenchment in homelessness, and ensure homeless people are treated with greater respect.

scholarly journals TOWARDS A TAXONOMY FOR PUBLIC AND COMMON PROPERTY

2019 ◽  
Vol 78 (1) ◽  
pp. 124-147 ◽  
Author(s):  
Christopher Rodgers
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Environmental Governance ◽  
Common Property ◽  
Private Property ◽  
Effective Protection ◽  
The Public ◽  
Property Interest ◽  
Public Property ◽  
New Strategies

AbstractThis article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both “owners” and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article concludes that it is a mistake to think in terms of “private property”, “common property” or “public property”. The division and allocation of resource entitlements in land can result in private, common and public property rights subsisting over the same land simultaneously, in different combinations and at different times. The categorisation of property interests in land (as private, common or public) may also shift and change from time to time. The article considers the importance of distinguishing between private, common and public property interests for developing new strategies for environmental governance, and for implementing the effective protection of natural resources.

Real Estate Administration - Notion, Forms and Legal Regime

2017 ◽  
Vol 21 ◽  
pp. 619-623
Author(s):  
Violeta Herea ◽  
Eduard Antohie
Keyword(s):  
Real Estate ◽  
Private Property ◽  
The Other ◽  
Legal Regime ◽  
The Real Estate ◽  
The Core ◽  
Public Property ◽  
Starting Point ◽  
University Level ◽  
Main Activity

The extent of this field, namely of real estate administration, due to the fact that private property holds the majority compared to public property after 1989, imposed the emergence of profile firms / companies in the field, but also the need to train specialists for this type of activity. Why the real estate administration? Perhaps this question should be the starting point for the reason why we advocate for this type of activity and thus for the training at university level, thus giving it the importance it deserves. The answer to this question is argued by: the capital invested is very small, solvent customers, regular revenues, chances of gains from good to very good, a multilateral activity due to the complexity of administration. On the other hand, this type of activity may be carried out in parallel with the main activity, namely the basic one of each of us. Therefore, many prospective real estate administrators begin to provide services in this area without sacrificing the core business, while performing these along with another activity for another institution. In analysing this issue we invoke the regulations in force which legislate the field which represents the purpose of our analysis. Also, we will present you the advantages of this kind of activity.

Property, Rights, and Freedom

1994 ◽  
Vol 11 (2) ◽  
pp. 209-240 ◽  
Author(s):  
Gerald F. Gaus
Keyword(s):  
Seventeenth Century ◽  
Civil Society ◽  
Economic System ◽  
Private Property ◽  
Basic Liberty ◽  
John Gray ◽  
Jan Narveson ◽  
Constitutional Tradition ◽  
The Guardian ◽  
Instrumental View

William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”

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