Common property of industrial (industrial) parks and industrial technoparks in Russia
Russia's industrial policy covers a unique sphere of economic activity of business entities - industrial (industrial) parks and industrial technology parks. To support the activities of industrial entities using the industrial and technological infrastructure of the parks (technoparks) under consideration, appropriate measures of state stimulation of industrial activity are provided. This paper reveals the legal regime of industrial and technological infrastructures. The composition of infrastructure assets (engineering, utilities, transport and others) of an industrial (industrial) park or industrial technology park is determined. The economic and legal prerequisites for the formation in the parks (technoparks) under consideration of common property, which includes property, including property rights (lease rights, gratuitous use and other rights arising from contracts and law), are formulated. The objects of law that form the basis of the economic activity of residents in the territory of parks and technology parks are differentiated (individual property of the founders, management company, residents and common property of residents). Special attention is paid to the industrial infrastructure created in the new territories of Russia. The issues of managing industrial and technological infrastructure facilities, as well as coordinating the activities of industrial business entities are explored. The competence of the management company, which ensures the effective functioning of industrial (industrial) parks and industrial technology parks, is determined. Common property is considered as an asset owned by force of law to all members of the civil law community -residents of parks (technoparks) carrying out industrial activities. A conclusion is made about the identity of the legal essence of the common property of residents of parks (technoparks) and the common property of members of a peasant (farm) enterprise or a simple partnership (including an investment partnership). The reasons for the loss of residents' rights to common property are revealed, as well as the consequences of cessation of the activities of parks (technoparks). Ways of development of legislation are proposed in terms of the formation of the legal regime of common property that is part of the industrial and technological infrastructure of industrial (industrial) parks and industrial technology parks. It is also proposed that the management company maintain records of common property on a separate balance sheet. The author declares no conflicts of interests.
Keywords
common property, property of industrial parks, property of industrial technology parks, industrial infrastructure, civil law communityAuthors
| Name | Organization | |
| Laptev Vasiliy A. | Institute of State and Law, Russian Academy of Sciences; Kutafin Moscow State Law University (MSAL) | laptev.va@gmail.com |
References
Common property of industrial (industrial) parks and industrial technoparks in Russia | Tomsk State University Journal of Law. 2024. № 54. DOI: 10.17223/22253513/54/8