On Introducing Changes And Additions Into The Law Of The Rsfsr "on Privatization Of State And Municipal Enterprises In The Russian Soviet Federative Socialist Republic"

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О приватизации государственных и муниципальных предприятий в РСФСР"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overtaken by Federal Law 21.07.97 N 123-FZ A A C On Amendments and Additions to the Law of the RSFSR "On privatization of state and municipal enterprises in the RSFSR" C t I am 1. To amend the Law of RSFSR on privatization of state and municipal enterprises in the RSFSR (Vedomas) of the Congress of People's Deputies of the RSFSR and the Supreme Soviet RSFSR, 1991, N 27, 927) the following changes and additions: 1. Part 1 of Article 1 should read as follows: " Privatization of state and municipal enterprises, acquisition by citizens, joint-stock companies (partnerships) of the State and local councils of people's deputies in private property of enterprises, workshops, production, plots, other units of these enterprises, allocated to independent enterprises; equipment, buildings, structures, licenses, patents and other tangible and intangible assets of enterprises (active and dissolved by decision of bodies authorized to receive such Decisions on behalf of the owner); share (shares, shares) of the state and local Councils of people's deputies in the capital of joint-stock companies; owned shares (shares, shares) in the capital of other joint-stock companies (partnerships), as well as joint ventures, commercial banks, associations, concerts, unions and other business associations. ". 2. In article 2: (a), paragraph 2, delete; (b) paragraph 3, after the words "in the general ownership of", add the words "other States,"; , paragraphs 3, 4, 5, 6 as paragraphs 2, 3, 4, 5, respectively. 3. In article 3: a), in the last paragraph of paragraph (2) last "and" to replace with "or"; (b), paragraph 3 should be added to the second reading: " The programme may also include lists of objects whose privatization may be authorized by the decision of the Government of the Russian Federation or the State Committee of the Russian Federation for the Management of State Property. The Government of the Russian Federation, the State Committee of the Russian Federation, in the privatization of enterprises included in the aforementioned lists, has the right to decide on the consolidation of the controlling stakes in the enterprises in the Russian Federation. State property for up to three years. ". 4. In article 4: (a), from the paragraph of third paragraph 1, delete the sentence: "The work of territorial agencies shall be drawn by representatives of the union bodies in which the property belonging to the RSFSR is located."; b) paragraph 9 of paragraph 2 after the words "property certificate" should be supplemented by the words "(shares, stocks)"; paragraph 2 add new paragraphs to read: "-issues within its competence Regulations governing the process of privatization, amend them and supplements and also provides explanations of these regulations and the State Privatization Programme. State property of Russia is not entitled to delegate its authority to ministries and departments, holding companies created on the basis of public corporations, corporations, associations and other economic entities that are not In accordance with article 9, paragraph 1, of this Law. "; , paragraph 4, amend to read: " 4. The decisions of the State Property Committee, which were taken within its competence under the State Privatization Programme, are binding on all public administration bodies and local administration. Disputes arising out of these decisions shall be considered by a court or arbitral tribunal in the manner prescribed by the applicable law. ". 5. In article 5: In paragraph 1: (a) the second paragraph should read: " The property management committees shall be established in all national, national, administrative and territorial The right of the child to education in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic The authority of property management committees cannot be transferred to any other public administration, local administration or other legal entity. The Chairman of the Committee is the Deputy Head of the Government of the Republic in the Russian Federation, the Head of Administration of the province, the oblast, the Autonomous Region, the Autonomous District, the cities of Moscow, St. Petersburg, the district, the city. " Paragraph 3 is supplemented with the following sentence: "It may not be contrary to the Model Regulations on the Property Management Committee approved by the Government of the Russian Federation."; b) in paragraph 4 of paragraph 2 Delete the words "Councils of People's Deputies,"; , paragraph 3 The following wording: " 3. The decisions of these committees, taken within the limits of their competence pursuant to State, national and local privatization programmes, are binding on all public administration and local administration. Disputes arising out of these decisions shall be considered by a court or arbitral tribunal in the manner prescribed by the applicable law. ". 6. In article 6: (a), paragraph 2 of paragraph 1, after the word "Fund", insert the words "is a legal person,"; b) in paragraph 2: paragraph 2, after the word "provisionally", should be supplemented with the words ", until the moment of sale,"; in the fourth paragraph, delete the words ", evidence of ownership of"; paragraphs 5 to 7, as follows: "-is the founder of joint-stock companies (partnerships), acquires shares and joint-stock companies and joint-stock companies, the development of which is determined by the Accelerated structural transformation of the national economy, protection of the natural environment, development of regions of the most socially and economically backward regions, with the exception of the transformation of state and municipal enterprises; -receives and lists dividends and proceeds from the privatization of enterprises in accordance with the revenues recognized in the republican budget of the Russian Federation and the standards established by the State Privatization Programme; exchanges joint-stock shares owned by the Russian Federation To add new paragraphs to the following: "-Monitoring of the provision of the existing The legislation benefits employees of privatized enterprises. Russian Fund of Federal Property is not entitled to delegate its powers to ministries and departments, holding companies created on the basis of state corporations, corporations, associations and other economic entities being purchasers in accordance with article 9, paragraph 1 of this Law. "; ), in the first paragraph of paragraph 3, delete the words" with a fixed dividend in the amount of the bank interest rate ", and the last sentence should read The following wording: " When the fund is sold, they are converted into Ordinals. ". 7. In article 7: (a), paragraphs 2 and 3 of paragraph 1 should read: " Funds are legal entities, established by decision of the Presidium of the Supreme Councils of the Republics within the Russian Federation or the Presidency The relevant local Councils of People's Deputies and are accountable to them and to the respective Councils. The Regulations on the Fund are approved by the respective Council of People's Deputies. Property fund activities are financed by funds received in the form of contributions from their transactions for the privatization of state and municipal enterprises according to the standards set by the State Programme privatisation. "; b) in paragraph 2: paragraph 2, after the words" transferred ", add" for sale "; in paragraph 4, delete the words", certificates of ownership of "; paragraphs The seventh should read: "-Co-founders joint-stock companies and partnerships, buy shares and shares of joint-stock companies and partnerships, the development of which is dictated by the interests of the local population, with the exception of the transformation of state and municipal enterprises; -receive and list the dividends and proceeds from the privatization of enterprises in accordance with the revenues recognized in the respective budgets and the standards established by the State, republican and local privatisation programmes; -exchange assets that are owned National-state, national-and administrative-territorial entities of joint-stock companies on shares of investment funds and holding companies in their establishment; "; to supplement the paragraph with new paragraphs of the following Content: "-Monitor the provision of employees ' benefits under the existing legislation. Funds are not entitled to delegate their authority to ministries and departments, holding companies created on the basis of public corporations, corporations, associations and other non-purchasers in accordance with article 9 (1) of this Law. "; ), in the first paragraph of paragraph 3, delete the words" with a fixed dividend of interest to the bank interest ", and the last sentence to read:" They are converted into ordinary shares. ". 8. In article 9, paragraph 3, the second sentence should read as follows: " They as well as former employees of a privatized entity that retired or have worked in a privatized enterprise for a period of not less than ten years Men and seven years and six months for women who have been dismissed by their own voltage to reduce the state or number, as well as persons entitled under the law to return to their place of work in the enterprise, shall use the benefits defined by this Law. ". 9. In article 11: (a), paragraph 1 of paragraph 1, after the words "personal privatizations," should be supplemented with the words "personal personal privatizations,"; b), paragraph 3 should read: " 3. When acquiring privatized enterprises or shares (shares) in the capital of a joint-stock company (partnerships), citizens are obliged to present a certificate of tax inspection if their contribution exceeds 500 by the laws of the minimum Monthly wage. ". 10. Article 12, paragraph 1, should be supplemented with the following paragraph: "These funds shall not be subject to all types of taxes.". 11. In article 13, paragraph 2, the words "under articles 15 and 32" should be replaced by the words "under articles 15, 32 and 33". 12. In article 14: (a), paragraph 1 should read: " 1. Applications for the privatization of state and municipal enterprises are registered by the State Property Committee of Russia or its territorial agency, the property management committee of the national-state, national-or-national, Administrative and territorial education on the day of their submission to the relevant committee. The decision on privatization or the refusal to privatize the enterprise should be taken by the appropriate committee within one month from the date of registration of the application. The decision on the application-privatization or refusal of privatization-shall be communicated in writing to citizens, legal entities and labour collectives who have filed a registered application within three days from the date of its adoption. "; (b) Paragraph 2 should be added to the following paragraph: "-the enterprise specified in the application had been privatized previously."; , paragraphs 3 to 5, amend to read: " 3. In the event of a decision on privatization, a commission for the privatization of the enterprise is set up and a timetable for preparation of the privatization plan is set. This period may not exceed three months from the date of submission of the application. The plan for the development of the privatization plan may be extended by a decision of the State Committee of the Russian Federation, but not more than six months. The Privatization Commission is obliged to consider the draft privatization plans submitted by the claimants. 4. The commission for the privatization of the enterprise comprises representatives of the State Property Committee of Russia, its territorial agency or the corresponding committee on the management of property of national-state, national-or-state. -Administrative and territorial entities, employees of financial institutions. The council of people's deputies at the place of enterprise, administration and work collective of the enterprise, the State Committee of the Russian Federation on antimonopoly policy and support of the new economic structures have the right to send their own representatives to the Commission. The Commission has the right to involve experts as well as specialized audit, advisory and other organizations. 5. The Privatization Commission is considering a plan for the privatization of the enterprise and sends it to the local council of people's deputies or its authorized representative, as well as to the labour group of the enterprise. If the Council of People's Deputies does not take a decision within one week from the receipt of the privatization plan, the plan is considered to be consistent. The timing of the approval of the privatization plan by the Council of People's Deputies and the labour collective may be extended at their request, but not more than two weeks. The privatization plan is approved by the appropriate property management committee. Privatization of facilities and enterprises included in the State Register of Associations and Monopolists is carried out in coordination with the State Committee of the Russian Federation for Antimonopoly Policy and Support of New Enterprises. ";"; d), paragraph 6 should be supplemented with the following paragraph: " No merger, incorporation of enterprises, as well as disqualification of a legal entity (except in the case of privatization) is permitted in the privatization process. liquidation, with subsequent sale of its assets). "; (d) Paragraph 7 should be supplemented with the words "or an authorized body.". 13. In article 15: (a), the first paragraph of paragraph 1 should be supplemented by the words "in whole or in part", and in the paragraph of the second paragraph, the words "Council of Ministers of the RSFSR" should be replaced by the words "State property of Russia"; (b) paragraph 2 should be amended to read as follows: editions: " 2. Privatization of the property of a State or municipal enterprise leased under a lease with the right to buy back before the law of the RSFSR enters into force on the privatization of state and municipal enterprises in the RSFSR, is implemented in the following ways: -In accordance with the lease agreement, if the size, time, order and other terms of the buyout are established by a lease agreement with the provision of all benefits to the labor collectives, of the labour collectives of the State and municipal enterprises; -by converting the lease enterprise into an open-type joint-stock company with the right to give priority to the acquisition by the holders of shares belonging to the State, local council of people's deputies, if such a decision Adopted by the general meeting (conference) of the tenants. The Tenants of Trade, Catering, Domestic Services, Not eligible for Rent-to-Rare, in accordance with the terms of the lease agreements entered into with them prior to the entry into force of the RSFSR Act " On The privatization of state and municipal enterprises in the RSFSR ", this right may be granted if the members of the lessee agree to the allocation in the process of privatizing individual units. The procedure for granting the right to purchase and convert the lease to a joint-stock company is determined by the regulation of the privatization of the property of state and municipal enterprises leased, approved The State Property Committee of Russia. In other cases, the lessee of the property of a State or municipal enterprise recognized by the buyer in accordance with article 9 of this Law may be granted the right to purchase the leased property only in the order, set by articles 20, 21, 24 of this Law. "; in paragraph 3, paragraph 5, amend to read: "-evaluation of its authorized capital; "; g) paragraph 5, amend to read: " 5. After the completion of the work of the privatization commission of the State Property Committee of Russia, its territorial agency or the corresponding committee on the management of property of national-state, national-or administrative-territorial entities Reorganization or liquidation of the state (municipal) enterprise, establishes a joint-stock company and transfers its shares and rights to the founder, or the privatized entity, or the assets of the liquidated enterprise for sale Russian Federation of Federal Property or Fund of the Russian Federation, as part of the Russian Federation, the province, the region, the autonomous region, the Autonomous District, the district, the city. "; (d) to supplement the article with paragraphs 6 and 7, reading: " 6. Russian Federation of Federal Property, Property Funds of Republics within the Russian Federation, Regions, Regions, Regions (except for Urban Areas), Cities (except cities of district reporting) within one month of the approval of the State Privatization programmes conclude with the State Property Committee of Russia and the respective property management committees of the agreement governing the transfer of privatized enterprises, shares (shares) in their capital, assets of liquidated and dissolved enterprises, the processing of the necessary documentation, The procedure and regulatory deadlines for the sale of privatizations (including in groups), the order of mutual settlements and establishing the mutual responsibility of the parties. These agreements may also determine the authority of the committees as representatives of the property funds. 7. Joint-stock companies of a closed type (limited partnership), part of the authorized capital of which is located in the state and/or municipal ownership, are to be transformed into publicly traded joint-stock companies. The order and timing of the transformation shall be determined by the State Privatization Programme. ". 14. In the first paragraph of article 16, paragraph 2, the word "reorganization" should be replaced by "preparation for privatization". 15. Article 17 should read as follows: " Determination of the starting price for the sale of the tender (at the auction) or the value of the authorized capital of a joint-stock company can only be carried out in accordance with methodical The guidelines for the valuation of privatizations approved by the Russian State Property Committee. ". 16. In article 18: (a), add the following sentence: " In the case of the privatization of municipal property, the appropriate property management committee may be shorter, but not less than two weeks. "; b) in paragraph 2: paragraphs 3-6, delete; in paragraph 10 of the last three words, replace" last year "; in the eleventh paragraph, delete" and its share in the commodity marketplace "; add the following paragraphs to the paragraph: " is the average number of employees. According to the presentation of the State Committee of the Russian Federation on antimonopoly policy and support of the new economic structures and its territorial bodies, information on the share of products (works, services) privatized enterprises in the relevant product market. ". 17. In article 20: (a), paragraphs 1 and 2, amend to read: " 1. State and municipal enterprises, as well as assets of liquidated enterprises (including those in liquidation) are sold in cases where the buyers are required to meet certain conditions by the appropriate property management committee. 2. The general procedure for holding the competition is governed by a provision approved by the Government of the Russian Federation. The regulation specifies the conditions for the participation of the buyers in the competition, the procedure for considering their proposals, as well as the procedure for approval of the adopted decision and the registration of ownership rights in the enterprise. The terms of the competition must be published no later than 30 days before the date of the competition. With the privatization of municipal property, the appropriate property management committee may be shorter, but not less than two weeks. "; (b) paragraph 5 should be redrafted to read: " 5. The purchase price of an enterprise is determined through a competitive examination. It cannot be lowered from an initial price of less than 30 per cent. In the event that the tender was not sold at such a price, it is removed from the competition. The Privatization Commission is obliged to revise the enterprise's privatization plan within a month. "...... 18. Paragraph 4 of article 21 should read: " 4. The auction price is set at the auction. It cannot be reduced by more than 30 per cent of the initial price. If the enterprise is not sold at this price, it will be removed from the auction. In this case, the privatisation commission is obliged to revise the enterprise's privatization plan and/or its initial price within one month. " Paragraph 3 of article 22 should read: " 3. The Fund sells shares to members of the labour group of the privatized entity on preferential terms in accordance with Article 23 of this Law within a month after the establishment of the company. A portion of the shares may be entered into the employees ' equity fund, formed in accordance with article 25 of this Law, as well as an exchange for the shares of investment funds. The sale of shares is carried out in accordance with the regulation on the sale of shares in the privatization process approved by the State Property Committee of Russia. " In article 23: (a), in the second paragraph of paragraph 1, replace "20 per cent" with "15 per cent"; (b), paragraphs 2 and 3, amend to read: " 2. The purchase of shares in the company applies to the former employees of the privatized enterprise that retired or worked at the privatized entity for a period of not less than ten years for men and seven years and six years months for women and laid-off, downsizing or number, as well as persons entitled under the law to return to work in the given enterprise. "; " 3. The State privatization programme may provide additional benefits to employees of individual enterprises or groups of enterprises (industries). ". , paragraph 4, should be deleted. 21. Article 24, paragraphs 1, 2 and 3, should read: " 1. To participate in the tender (auction) for the purchase of a state or municipal enterprise as a buyer, members of the labor collectives under the Law of the RSFSR "On enterprises and business activities" may establish Partnership (joint-stock company) or to conclude a joint activity contract. 2. If the partnership (the joint-stock company or the parties to the relevant joint activity contract), which takes part in the tender (the auction), unites not less than one third of the list of employees of the privatized entity or its employees Units are entitled to payment installments, as well as to the use of part of the balances of the economic stimulation funds proportional to the number of employees who have entered the partnership (Joint Stock Company) which concluded the contract. 3. The partnership (joint-stock company, parties to the joint venture agreement) in the acquisition of a State or municipal enterprise is entitled to payment installments. The delay may not exceed three years, and the amount of the initial contribution shall not be less than 25 per cent of the price for which the business was purchased. ". 22. Article 25, paragraph 1, should read: " 1. Employees of joint-stock companies (partnerships) have the right to acquire shares (shares) from the enterprise workers ' funds (FEED), if they are formed as a share of the enterprise's share capital in accordance with the privatization plan. ". 23. Paragraph 3 of article 27 should read: " 3. The right to own property in the enterprise passes from the seller to the buyer from the moment of registration of the sales contract in accordance with the procedure established by the legislation of the Russian Federation. The Registered Sales contract is a document that validates the property of the buyer. The failure to comply with the legal provisions for the registration of sales contracts is the subject of an appeal to a court or arbitral tribunal. State duty on all transactions and acts of privatisation is not charged. ". 24. Article 28, paragraph 1, should read: " 1. The seller of state or municipal enterprise is obliged to publish the announcement of its privatization, to present to the buyer at its request the assets of the enterprise and documents on its financial and economic condition, to formate the transaction, to transfer the enterprise (property, share, shares) of the buyer, as well as perform other obligations under the contract between the seller and the buyer. ". 25. In article 29: (a) the last sentence should be amended to read: " If privatization was carried out in violation of the legislation of the Russian Federation, the State Property Committee of Russia, the Property Management Committees National-State, national-and administrative-territorial entities, procuratorial bodies of the Russian Federation, sellers, buyers, their representatives and intermediaries have the right to bring legal action against them (institute proceedings) Avodiation of transactions, elimination of violations and prosecution of those responsible. "; b) supplement the article with the second reading: "The Councils of People's Deputies exercise control over the privatization process from the point of view of compliance with the applicable law." 26. In article 31: (a), paragraph 1 should read: " 1. The following violations of this Act by officials of public administration, local administration, property funds, enterprises, organizations and institutions entail administrative liability: Privatization requisition registration-a fine of 5 to 10 times the minimum monthly wage; -violation of the terms of the decision on privatization-a fine of 5 to 10 The law of the minimum monthly wage; Non-publication of the declaration of privatization, concealment of information about the privatization of the enterprise from buyers or intermediaries, the introduction of a buyer or intermediary to mislead the composition of the property or the price of the sold enterprise, concealment of information about The sale of the company, the results of the tender or auction is a fine of 10 to 30 times the minimum monthly wage. The publication of the information listed in this part of the article is carried out at the account of the guilty party; -unjustified refusal to sell the company (shares)-a fine of 2 to 10 percent of the initial price of the company to be privatized (shares); -unjustified refusal to conclude a collective agreement with the labour collective of a privatized enterprise or failure to comply with the requirements of social guarantees for employees of the privatized companies-a fine of 10 to 10 100 statutory minimum monthly payment work; -Disclosure of contestants or auction participants prior to the bidding or auction-a fine of 2 to 20 statutory minimum monthly wage rates; -Disclaimer The company (s) bought at the auction or at auction is a fine of 5 to 20 percent of the sale price of the company (shares). "; b) after the words" p. 1 of this article, "in addition to the words" and other offences committed during privatisation "; in) to supplement the article with paragraph 4, reading: " 4. The property management committees, assets at all levels are entitled to the decisions of the respective Councils of People's Deputies on matters falling within the scope of their competence by the legislation of the Russian Federation and the constituent republics of the Russian Federation: -to appear in court and arbitration on behalf of the Russian Federation, republics of the Russian Federation, relevant national and administrative-territorial entities; -Material for the prosecution of criminal cases. Property management committees and property funds referred to in this paragraph shall be exempted from payment of State duty when recourse to the courts. "....................................... In the title and text of the RSFSR Act on the privatization of state and municipal enterprises in the RSFSR, "RSFSR", "Council of Ministers", "State Property Committee" "Russian Federation", "Government", "State Property of Russia". "On the privatization of state and municipal enterprises in the RSFSR" in accordance with the decree of the Supreme Soviet of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION On privatization of state and municipal enterprises in the RSFSR" President of the Russian Federation B. ELTSIN Moscow, Dom. Russian Councils 5 June 1992 N 2930-I