The property which belongs to the state or territorial community must benefit the community by generating income, or be used for its intended purpose. If the property is not managed, it can cause its depreciation or loss — further losses which fall on the Ukrainians’ shoulders. Proper management of the national and municipal property is an important component of the country’s economic development.
That is why we will tell you what national and municipal property is and who is responsible for its management.
Who owns national and municipal property?
Any national and municipal property is maintained at the expense of taxpayers, and therefore the owners of such property are citizens of Ukraine. Accordingly, the maintenance of national and municipal property is one of the uses of taxes, which can and should be closely monitored. The state must ensure its effective management.
Who exactly manages national and municipal property?
Special state managers work for citizens’ taxes and make decisions on property disposal. The task of these managers is not just to own the property, but to manage it effectively. The effectiveness of management is measured in the number of budget revenues.
Current legislation determines the list of bodies that can manage national property:
- The Cabinet of Ministers of Ukraine, as well as bodies that ensure the activity of the President of Ukraine, the Verkhovna Rada of Ukraine, and the Cabinet of Ministers of Ukraine;
- Ministries and other executive authorities and state collegiate bodies;
- State Property Fund of Ukraine, manages the property during the period of preparation of the object for privatization;
- Bodies that manage state property in accordance with the powers defined by separate laws, such as the State Agency of Motor Roads;
- State economic associations and holding companies, other state economic organizations, state enterprises, institutions, organizations or economic companies, 100% of the shares of which are owned by the state;
- National Academy of Sciences of Ukraine, branch academies of sciences.
The entire list can be found in Article 4 of the Law “On the management of national property.”
The municipal property belongs to territorial communities — cities, settlements, villages, etc. The municipal property is managed directly by the territorial community and local self-government bodies formed by it — the local council and its executive bodies — departments, divisions, etc.
Where can I find information about public property?
Citizens have the right to monitor the sale of national and municipal property.
To start with, it is worth checking whether the property is recorded and made public in the registry.
For example, the registers of communal property can be made public on the official sites of local councils. And the register of state property should be made public by the State Property Fund of Ukraine.
In Ukraine, there is a Regulation on data sets to be made publicly available in the form of open data, which is approved by Resolution of the Cabinet of Ministers № 835. According to this Regulation, the State Property Fund of Ukraine and each local council should publish in the format of open data the information about the registers of national and municipal property respectively on the Unified Open Data Portal.
For example, you can find your local council on the portal by searching: https://data.gov.ua/organization
Some local councils visualize information on their geoportals. A good example is the geoportal of Lviv.
Another tool is a request for public information. This can be done by any natural and legal person. When making such a request, we recommend referring to the Law of Ukraine “On Access to Public Information” and provide details on what kind of information you request from the councils — for example, a list of the owned property, indicating the reported value of each object, its location, whether it is in someone’s use, etc.
So, you need to use slightly different sources when searching for property information. After all, this data can be made public in different places. And in some cases, you should use public information requests. With a basic understanding of the number of properties, their condition, etc., we can move on to more detailed monitoring and analysis of the information. Read about this in our next educational materials.
Remember, Ukrainians have the right to control the management of public property, which in fact belongs to them. Often it is up to us to determine whether this management will be effective and beneficial to citizens.
This publication was prepared by Transparency International Ukraine with the support of the USAID Economic Development, Governance and Entrepreneurship (EDGE) State-Owned Enterprise Rapid Response Activity (SOERR)