Problems of Communal Property Management

Abstract

The current state of legal regulation of communal property ownership, especially with regard to its management by local government bodies, requires immediate improvement. Constant changes and legislative alterations, non-compliance with the constitutional norms with regard to the local authoritiesʼ communal property rights and creating local governing bodies, and chaotic corrupt privatization have turned this problem into a national security challenge. The aim of this article is to draw public attention to the problems of the communal property rights legislation that governs property relations between local territorial communities and local self-government bodies, attributes property rights over material goods to local territorial communities; establishes the grounds and conditions for transfer of communal property rights from local territorial communities to local governing bodies; defines the level of authority of the local governing bodies with regard to the ownership, use and distribution of material goods. It has been established that the relations between a local territorial community and local governing bodies that are established for the purposes of community property management in Ukraine, are not developed enough, as territorial communities in rural settlements, villages, towns, and city districts are in fact denied the right to partake in communal property management. It has bred a sense of alienation from the communal property management among members of local territorial communities, resulting in cases where community property can be treated and used as if it is someone elseʼs property. This trend will continue until the members of local territorial communities embrace the fact that they own and manage the community property directly or via established bodies. With this goal in mind, it seems reasonable to establish the notion of «territorial community property» as the community property that must be used to provide for the needs of the dwellers of rural settlements, villages, towns, and city districts, recognizing local territorial communities as sole governing entities. Territorial community property is more consistent with the definition of a primary territorial formation – «territorial community» – in Article 143 of Ukraineʼs Constitution, Article 327 part 2 of Ukraineʼs Civil Code, where it is clearly stated that territorial communities of rural settlements, villages, or towns can manage community property (i.e. territorial community property) directly or via established entities.