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"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102016585

Expired-the Federal law dated 21.07.97 N 123-FZ z and c o n RUSSIAN FEDERATION on amendments and additions to the law of the RSFSR "on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic" t s t b I 1. Make to the RSFSR Law on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic "(records of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 27, p. 927) the following amendments and supplements: 1. the first part of article 1 reworded as follows:" privatization of State and municipal enterprises, acquisition of citizens, joint-stock companies (partnerships) at the State and local councils of people's deputies in private ownership enterprises, shops, industries , stations, other units of these enterprises allocated into independent enterprises; equipment, buildings, structures, licenses, patents and other tangible and intangible assets of enterprises (active and liquidated by the decision of the bodies entitled to make such decisions on behalf of the owner); shares (shares, shares), States and local councils of people's deputies in the capital of joint stock companies (partnerships); owned by privatized enterprises shares (shares, shares) in the capital of other joint-stock companies (partnerships), as well as joint ventures, commercial banks, associations, corporations, unions and other associations of enterprises. ".
2. In article 2: (a)) paragraph 2 should be deleted;
b) paragraph 3 after the words "in common ownership with" add the words "other States";
3 points), 4, 5, 6 2 points respectively, take 3, 4, 5.
3. In article 3: (a)) in the last paragraph, paragraph 2 last "and" should be replaced by "or";
b) item 3 supplement part 2 as follows: "the program may also include lists of objects, the privatization of which can be solved by the decision of the Government of the Russian Federation or to the Russian Federation State Committee for management of State property. The privatization of enterprises, included in these lists, the Government of the Russian Federation, Russian Federation State Committee for property management of Azerbaijan has the right to decide on their controlling shares in State property for a period of up to three years. "
4. In article 4: (a)) from the third paragraph 1 delete the sentence: "to the work of the territorial agencies involved representatives of the Union bodies, in the management of which is property that is property of the RSFSR.";
b) ninth paragraph of paragraph 2, after the words "certificate of ownership" add the words "(shares, shares)";
paragraph 2 Add new paragraphs read as follows: "the issues within its competence, normative acts regulating the privatization process, amend or supplement, as well as giving explanations of these regulations and the State privatisation programme.
Russia's State property Committee is not entitled to delegate his authority to departments and agencies, holding companies, created on the basis of public concerns, corporations, associations and other business entities, to non-buyers in accordance with paragraph 1 of article 9 of this Act. ";
in) paragraph 4 shall be amended as follows: "4. the decisions of the State property of Russia taken within its field of competence pursuant to the State program of privatization, are binding on all organs of State administration and local administration.
Disputes arising in connection with these decisions by a court or arbitral tribunal, in the manner prescribed by the current legislation ".
5. Article 5: in paragraph 1: (a)) second paragraph worded as follows: "property management committees are created in all the national, national and territorial entities and are public administrations (local administration) as a legal entity. Powers of committees on management of property may not be transferred to any other bodies of State administration, local government or other legal persons. The Chairman of the Committee on post is the Deputy Head of the Government of the Republic within the Russian Federation, head of administration of the province, autonomous region, autonomous counties, cities of Moscow and St. Petersburg, area, city. ";
third paragraph add the following sentence: "it may not contradict the model regulation on property management committee, approved by the Government of the Russian Federation.";
b) in paragraph 2, fourth paragraph, delete the words "Councils of people's deputies,";
in) paragraph 3 shall be amended as follows: "3. the decisions of the committees adopted within the limits of their competence, pursuant to State, national and local programmes of privatization, are binding on all organs of State administration and local administration.
Disputes arising in connection with these decisions by a court or arbitral tribunal, in the manner prescribed by the current legislation ".
6. In article 6: (a) the second paragraph of paragraph 1), after the word "Fund" shall be supplemented with the words "is a legal entity,";
b) in paragraph 2:

second paragraph, after the word "temporarily" add the words "until the moment of the sale,";
in the fourth paragraph, delete the words "certificate of ownership";
Fifth to seventh paragraphs shall be reworded as follows: "-the founder of joint-stock companies (partnerships), acquires shares and shares of joint-stock companies and associations, the development of which is determined by the accelerated structural adjustment of the economy, protect the natural, regional development Wednesday the most backward in social and economic terms, except those created in order transform State and municipal enterprises;
-receives and pays dividends and proceeds from privatization of enterprises in accordance with the income taken into account in the budget of the Russian Federation, and standards established by the State privatization programme;
-exchanges belonging to the Russian Federation shares of joint-stock companies for shares of investment funds and holding companies in establishing them; ";
paragraph 2 Add new paragraphs read as follows: "-supervises the provision stipulated by the current legislation benefits the employees of privatized enterprises.
Russian Fund of federal property may not delegate his powers ministries and departments, holding companies, created on the basis of public concerns, corporations, associations and other business entities, to non-buyers in accordance with paragraph 1 of article 9 of this Act. ";
in) in the first subparagraph of paragraph 3, delete the words "with a fixed dividend on the Bank discount rate" and the last sentence shall read as follows: "when selling these shares Fund they are converted into common.
7. In article 7: (a) the second and third paragraphs) of paragraph 1 shall be amended as follows: "the funds are legal entities created by the decision of the bureaux of the Supreme councils of the Republics comprising the Russian Federation or of the bureaux of the relevant local councils of people's deputies and are accountable to them and relevant advice. The situation of the Fund approves the related Council of people's deputies.
The activities of property funds financed from received in the form of deductions from the amounts committed transactions on privatization of State and municipal enterprises on standards established by the State program of privatization. ";
b) in paragraph 2: the second paragraph, after the words "transferred to" add the words "for sale";
in the fourth paragraph, delete the words "certificate of ownership";
Fifth to seventh paragraphs shall be reworded as follows: "-advocated by the founders of joint-stock companies and partnerships, buying shares and shares of joint-stock companies and partnerships, the development of which is dictated by the interests of the local population, except those created in order transform State and municipal enterprises;
-receive and remit dividends and proceeds from privatization of enterprises in accordance with income recorded in the respective budgets, and standards established by the State, Republican and local privatization programmes;
-Exchange owned by the respective national State, national and territorial entities shares of joint-stock companies for shares of investment funds and holding companies in establishing them; ";
supplement paragraph new paragraphs read as follows: "monitor the provision stipulated by the current legislation benefits the employees of privatized enterprises.
The funds may not delegate his powers of ministries and departments, holding companies, created on the basis of public concerns, corporations, associations and other business entities, to non-buyers in accordance with paragraph 1 of article 9 of this Act. ";
in) in the first subparagraph of paragraph 3, delete the words "with a fixed dividend on the Bank discount rate" and the last sentence shall read as follows: "when selling these shares Fund they are converted into common.
8. in paragraph 3 of article 9, the second sentence shall read as follows: "They, as well as former employees of the privatized enterprises, retired or worked out on enterprise privatization work experience of not less than ten years for males and seven years and six months for women and retired at his own request or the number of staff reductions, as well as persons entitled in accordance with the law of return to previous place of employment with this company enjoy the privileges defined in this Act. ".
9. In article 11: (a)) the first paragraph of paragraph 1, after the words "registered privatization deposits," add the words "personal facial privatization accounts";
b) paragraph 3 shall be amended as follows: "3. When purchasing the privatized enterprises or shares (shares, shares) in the capital of a joint-stock company (or partnership), citizens are required to submit a certificate of the tax inspectorate, if their contribution is greater than 500 rubles, established by the legislation of minimum monthly wages.".
10. paragraph 1 of article 12 paragraph be supplemented as follows:

"These funds are not subject to all kinds of taxes."
11. in paragraph 2 of article 13, the words "under articles 15 and 32" were replaced by the words "in accordance with articles 15, 32 and 33".
12. Article 14: (a)) paragraph 1 shall be amended as follows: ' 1. applications for the privatization of State and municipal enterprises are registered State of Russia or its territorial agency property management committee, national and State, national, or administrative territorial unit on the day of their submission to the appropriate Committee. The decision to privatize or not to privatize the enterprise should be decided by the relevant Committee within one month from the date of registration of the application. A decision on that request on privatization or refusal of privatization-in writing shall be brought to the attention of citizens, legal entities and collectives have registered the application, within three days from the moment of its acceptance. ';
b) paragraph 2 paragraph be supplemented as follows: "specified in the application, the enterprise was privatized earlier.";
in paragraphs 3-5) worded as follows: "3. In the event of a decision on privatization, a Commission on privatization and a period of preparation of the plan of privatization. This period may not exceed three months from the date of filing the application.
Development period the privatization plan could be extended by a decision of the State property of Russia, but not more than six months.
Privatization Commission is obliged to consider the draft privatization plans submitted by the claimants.
4. the Commission on privatization of the State property Committee is composed of representatives from Russia, its territorial agency or the relevant Committee for property management of national and State, national, or administrative-territorial formation, financial bodies. The Council of people's deputies at the location of the enterprise, the Administration and the labor collective of the enterprise, State Committee of the Russian Federation for Antimonopoly Policy and support new economic structures have the right to send representatives to the Commission. The Commission has the right to involve experts, as well as specialized auditing, consulting and other organizations.
5. Privatization Commission considers privatization plan and sends it to the harmonization of local Council of people's deputies or an authorized representative of them, as well as to the staff of the enterprise. If the Council of people's deputies of the labor collective of the enterprise within one week from the receipt of the privatization plan had not taken the relevant decision, the plan is deemed to be agreed. The deadline for agreeing on the privatization plan by the Council of people's deputies and employees may be extended upon request, but not more than two weeks. The Committee approves the privatization plan for property management.
Privatization of the objects and enterprises included into the State Register of associations and enterprises-monopolists, is carried out in agreement with the State Committee of the Russian Federation for Antimonopoly Policy and promotion of new economic structures. ";
g) item 6 supplemented by a paragraph reading: "not allowed during privatization of merger of enterprises, as well as the prevention of enterprise legal person status (except for its elimination with subsequent sale of his assets).";
d) paragraph 7 shall be supplemented with the words "or authorized body.".
13. In article 15: (a) the first paragraph of paragraph 1) add the words "in whole or in part", and in the second subparagraph of this paragraph, the words "the Council of Ministers of the RSFSR" was replaced with the words "State property of Russia";
b) paragraph 2 shall be amended as follows: "2. the privatization of property of the State or municipal enterprises, leased to the lease-purchase agreement concluded before the entry into force of the Act of the RSFSR" on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic ", is carried out in the following ways:-in accordance with the lease agreement, if the size, timing, order and other terms of ransom set lease agreement with the provision of the labour collective rental businesses of all benefits provided to the workforce of State and municipal enterprises;
-by converting leased enterprise into a joint-stock company of open type with priority the acquisition of tenants of State-owned shares, the local councils of people's deputies, if such a decision was passed by the general meeting (Conference) of the tenants.
Tenants of retail, catering, consumer services, are not entitled to purchase the leased property in accordance with the terms of the lease agreements concluded with them prior to the entry into force of the Act of the RSFSR "on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic", such a right may be granted in the case of the consent of the members of the community of tenants on the selection in the process of privatization of individual structural units.

Procedure for granting the right to redemption and conversion of leased enterprise into a joint-stock company is governed by the regulations on the procedure for the privatization of property of State and municipal enterprises, leased, as approved by the State property Committee of Russia.
In other cases, the tenant of the property of a public or municipal enterprises, recognized by the buyer in accordance with article 9 of this Act, may be entitled to purchase the leased property only in order, installed the OM 20, articles 21, 24 of this Act. ";
in the fifth paragraph of item 3) worded as follows: "assessment of its authorized capital";
g) paragraph 5 shall be amended as follows: "5. After completion of the work of the Commission on privatization of State property in Russia, its territorial agency or the relevant Committee for property management of national and State, national, or administrative-territorial formation carries out reorganization or liquidation of the State (municipal) of the enterprise, establish joint-stock company and passes it on to the shares and the rights of a founder or privatized enterprise or assets of the liquidated company for sale the Russian Fund of federal property or the relevant Fund property of the Republic within the Russian Federation , territory, region, an autonomous region, Autonomous Okrug, district, city or town. ";
d) supplement article paragraphs 6 and 7 to read as follows: "6. the Russian Fund of federal property, property funds comprising the Russian Federation republics, krais, oblasts, districts (except districts), cities (except for the cities of district subordination) annually within one month after the approval of the State program of privatization of State property in Russia and conclude with the respective committees for property management agreement governing the transfer of privatized enterprises, shares (shares, shares) in their capital liquidating assets, and liquidated companies, registration of the necessary documentation, procedures and normative terms of sale of objects of privatization (including groups), the order of settling and establishing mutual responsibilities of the parties.
These agreements may be the powers of committees as representatives of property funds.
7. Joint-stock company of the closed type (limited liability partnership), part of share capital which is State and (or) municipal property are converted into joint stock companies. Procedure and deadlines for the conversion shall be determined by the State program of privatization. "
14. In the first subparagraph of paragraph 2 of article 16, the word "reorganization" should be replaced by the words "prepare for privatization".
15. Article 17 shall be amended as follows: "defining the initial prices for the sale of the business to competition (auction) or of the authorised capital of the company may only be carried out in accordance with guidelines on valuation of objects of privatization, State-mandated Russia.".
16. Article 18: (a) paragraph 1) supplemented by the following sentence: "in the privatization of municipally owned property management committee concerned may be installed over a short period of time, but not less than two weeks.";
b) in paragraph 2: the third to sixth paragraphs should be deleted;
in the tenth paragraph of the words "three years" were replaced by the words "last year";
in paragraph 11, delete the words "and its share on the market";
supplement paragraph paragraphs read as follows: "-the average number of employees.
On the submission of the Russian Federation State Committee on Antimonopoly Policy and support new economic structures and its territorial bodies shall be published for information on the percentage of products (works, services) of privatized enterprises in the relevant product market.
17. In article 20: (a) paragraphs 1 and 2) worded as follows: "1. The competition sold State and municipal enterprises and assets liquidated (including in the process of liquidation) companies in cases where the customer is required to fulfill certain conditions imposed by the relevant Committee on property management.
2. General procedure of the contest is governed by the provisions, approved by the Government of the Russian Federation. At the specified position are determined by the conditions for participation in the contest, order buyers review their proposals, as well as procedures for approval of the decision made and registration of the property rights of the enterprise.
Conditions of the contest must be published not later than 30 days before the date of the contest.
When privatization of municipally owned property management committee concerned may be installed over a short period of time, but not less than two weeks. ";
b) paragraph 5 shall be amended as follows:

"5. The purchase price of the enterprise is determined during the competitive examination. It could not be omitted from the starting prices lower than 30 percent. If in the course of the competition the company was not sold for such a price, it is eliminated from the competition. Privatization Commission is obliged in a month's time to reconsider the privatization plan of the enterprise. ".
18. paragraph 4 of article 21 shall be amended as follows: "4. The purchase price is determined at the auction companies during the bidding process. It cannot be reduced by more than 30 percent of the initial price. If the enterprise is not sold for such a price, it is removed from the auction. In this case, the privatization Commission is obliged in a month's time to reconsider the privatization plan of the enterprise and (or) its initial price.
19. paragraph 3 of article 22 shall be amended as follows: "3. the Fund sells shares to Member of labour collective privatized enterprises on preferential terms, in accordance with article 23 of this Act within one month after the establishment of the society. Shares may be included in the privatization fund employees, constituted in accordance with article 25 of this law, as well as exchanged for shares of investment funds. Realization of shares is carried out in accordance with the regulations on the sale of shares in the privatization process, approved by the Russian State. "
20. Article 23: (a) in paragraph two) of paragraph 1, the words "20 percent" were replaced by the words "15 per cent";
b paras 2 and 3) shall read as follows: "2. The benefits of the acquisition of shares of apply to former employees of the privatized enterprises, retired or have on enterprise privatization work experience of not less than ten years for males and seven years and six months for women and dismissed at their own request, or the number of staff reductions, as well as persons entitled in accordance with the law of return to previous place of employment.";
"3. The State program of privatization can be installed additional benefits to employees of individual enterprises or groups of enterprises (industries).".
in) paragraph 4 is deleted.
21. Paragraphs 1, 2 and 3 of article 24 shall be amended as follows: "1. For participation in the competition (auction) on the acquisition of a State or municipal enterprise as a buyer of the staff members in accordance with the Act of the RSFSR" on enterprises and entrepreneurial activities "may establish a partnership (joint stock company) or to conclude the contract about joint activity.
2. If a partnership (joint-stock company or parties to the Treaty on the joint activities), participates in the competition (auction), brings together at least one third of the staff list for privatized enterprises or its units, when purchasing enterprises (units) it is entitled to payment of instalments, as well as the use of a part of the economic stimulus funds balances proportional to the number of employees included in the partnership (joint stock company), have signed the Treaty.
3. The specified partnership (joint-stock company, the parties of the contract about joint activity) when purchasing State or municipal enterprise has the right to installment payment. Installment cannot exceed three years, and the amount of the initial deposit may not be less than 25 per cent of the price for which the acquired enterprise. ".
22. paragraph 1 of article 25 shall be amended as follows: "1. the employees of the joint stock companies (associations) have the right to acquire shares (the shares) from the funds of the corporatization of employees (FARP), if any, formed as a percentage of the authorized capital of the company in accordance with the plan of privatization.
23. paragraph 3 of article 27 shall be amended as follows: "3. the right of ownership to the company passes from the seller to the buyer from the date of registration of the contract of purchase and sale in the manner prescribed by the legislation of the Russian Federation.
Registered sales contract is a document certifying the right of ownership to the buyer. Failure to perform the action stipulated by the law on registration of contracts of sale to be appealed against in the Court or arbitral tribunal.
State fee for all transactions and acts of privatization is not charged. ".
24. paragraph 1 of article 28 shall be amended as follows: "1. the seller State or municipal enterprises shall be obliged to publish an announcement about its privatization, to present the buyer, upon request, the assets of the enterprise and its financial and economic position, make a deal to transfer (property, Pai, shares) to the buyer, as well as perform other obligations in accordance with the contract between the seller and the buyer.
25. In article 29: (a)) the last sentence reworded as follows: "If the privatization was carried out in violation of the legislation of the Russian Federation, the Russian State Committee for property management of the national Government, national and territorial entities, organs of the Procurator's Office of the Russian Federation, sellers, buyers, their representatives and intermediaries may justiciability Sue (prosecute) avoidance, elimination of violations and bringing to justice the perpetrators.";

b) supplement article part 2 to read as follows: "Councils of people's deputies monitored the privatization process from the point of view of compliance with the current legislation.
26. Article 31: (a)) paragraph 1 shall be amended as follows: ' 1. the following violations of this law officials of organs of State administration, local administration, property funds, enterprises, organizations and institutions entail administrative responsibility:-refusal of registration of the application for privatization-a fine ranging from 5 to 10 established by the legislation of minimum monthly wages;
-violation of the terms of the decision on privatization-a fine ranging from 5 to 10 established by the legislation of minimum monthly wages;
non-announcement of the privatization, privatization of concealing information from customers or intermediaries, the introduction of a buyer or intermediary misleading on the composition of the property or the price of the sold businesses, concealing information about the sale of the business, the results of the competition or auction-a fine ranging from 10 to 30 established by the legislation of minimum monthly salary. Publication of the information referred to in this section shall be carried out at the expense of the offender;
-unjustified refusal from the sale of the business (shares)-a fine ranging from 2 to 10 per cent from the initial price of privatized companies (shares);
-unjustified refusal to conclude a collective agreement with the employees of the privatized enterprises or non-compliance with requirements of social guarantees for employees of the privatized enterprises-fine ranging from 10 to 100 minimum sizes established by the legislation of the monthly remuneration;
-disclosure of information about the contestants or participants in the auction prior to the competition or auction-a fine ranging from 2 to 20 established by the legislation of minimum monthly wages;
-refusal to pay company (shares) bought on the contest or at auction, a fine in the amount of 5 to 20 percent of the selling price for privatized companies (shares). ";
b) paragraph 3 after the words "p. 1 of this article, "add the words" and other offences when privatization ";
to supplement article 4 paragraph) to read as follows: "4. the committees for property management, property funds at all levels have the right on matters within their competence, legislation of the Russian Federation and the republics within the Russian Federation, decisions of respective Councils of people's Deputies:-to speak in court and Arbitration Court on behalf of the Russian Federation, republics of the Russian Federation, relevant national and territorial entities;
-send the materials to the Prosecutor's Office to deal with issues about criminal cases.
Committees indicated in this clause for property management and property funds are exempt from payment of State duty when referring to court. "
27. In the title and text of the Act of the RSFSR "on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic of the RSFSR" words "," Council of Ministers "," State of the RUSSIAN SFSR ", replace the words" respectively in the Russian Federation "," Government "," State property of Russia ".
T s t b I 2. Put into effect the law of the Russian Federation "about entry of changes and additions in the law of the RSFSR" on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic ", in the order stipulated by the Decree of the Supreme Soviet of the Russian Federation on the implementation of the Act of the Russian Federation" about entry of changes and additions in the law of the RSFSR "on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic", the President of the Russian Federation, b. YELTSIN Moscow, Russia June 5, 1992 House Tips N 2930-I