With the approval of the so-called Enabling Law of 2010 where the President of the Republic is empowered to legislate, the Decree with the rank, value and force of the Organic Law of Public Goods was issued (LOBP, 2012).
The purpose of this legal instrument is to establish the norms that regulate the scope, organization, attributions and operation of the National Public Property System, as an integral part of the State Financial Administration System and expressly repeals norms of the Organic Law of the National Public Finance (1974, with reform in 2009), the Law of Conservation and Maintenance of Public Assets (2007) and the Organic Law that regulates the Disposal of Public Sector Assets not affected by basic industries (1987) and its Regulations (1999).
In effect, the Organic Law of Financial Administration of the Public Sector (LOAFSP, 2012), from its first version, contemplates regulations on goods.
For its part, the Organic Law of Municipal Public Power (LOPPM, 2010) defines them as movable and immovable property that by whatever title are part of the heritage of the Municipality.
The local level requires a patrimony to be able to meet the satisfaction of collective needs, whether it is the provision of services, payments from suppliers, among others. This patrimony is constituted by a set of assets, rights, monetary placements, among others.
The LOBP considers movable and immovable property, securities, shares, quotas or participations in companies and other rights of public or private domain of public bodies and entities as public assets, as well as lying inheritances; the goods and merchandise object of confiscation, those that are declared abandoned or those that are placed at the order of the Treasury.
From a territorial perspective, it classifies them as national, state, district and municipal public goods, defining them as those of the public or private domain - in each sphere - both of its organs or entities.
These are (i) objects susceptible of economic or monetary value, as well as things, (ii) being movable, that is, those that move by themselves or by external force or, (iii) those that are immobilized, such as real estate.
The concept of property is legal in nature; for their part, things are portions of the outside world; Now, for a thing to become an object of law, it must be taken into consideration by legal norms and receive a classification.
It is appropriate to highlight the definition of body and entity provided by the Organic Law of Public Administration (2008).
The LOBP maintains the classification of assets provided by the Venezuelan Civil Code (1982): public assets are in the public domain or in the private domain.
Examples of those belonging to the public domain are squares, parks, lake aquatic spaces, rivers, territorial sea, airspace, mining or hydrocarbon deposits, wastelands, ejidos, among others.
Their essential characteristic - from the municipal point of view - is that they are inalienable and imprescriptible, unless the Municipal Council disagrees with them, with the prior favorable opinion of the Municipal Attorney General and the Comptroller, as well as consultation with the Local Council for Public Policy Planning; They are inalienable because they are out of business, they cannot be subject to compulsory execution, nor are they subject to mortgages, kidnappings, embargoes, or any type of preventive or executive judicial measure. They are not subject to expropriation.
Assets in the private domain are those that are not expressly included within the public domain. This is expressed in this way, because the assets of individuals are as varied as can be. They are not intended for public use or assigned to a public service.
