On Privatization Of State Property And Privatization On The Fundamentals Of Municipal Property In The Russian Federation

Original Language Title: О приватизации государственного имущества и об основах приватизации муниципального имущества в Российской Федерации

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Expired-the Federal law from 21.12.2001 N 178-FZ of the RUSSIAN FEDERATION federal law on privatization of State property and privatization on the fundamentals of municipal property in the Russian Federation adopted by the State Duma June 24, 1997 year approved by the Federation Council of the year July 3, 1997 (as amended by the federal laws from 23.06.99 N 116-FZ;
from 05.08.2000 N 109-FZ) this federal law establishes organizational and legal bases of the transformation of property relations in the Russian Federation through privatization of State and municipal property, in order to improve the efficiency of the economy, as well as to its social orientation, improving the balance of payments of the Russian Federation implement protectionism vis-à-vis the Russian producers.
Chapter i. General provisions with tons and tons of b I 1. The concept of privatization of State and municipal property for the purposes of this federal law, privatization of State and municipal property refers to compensatory alienation owned Russian Federation, constituent entities of the Russian Federation or municipalities property (objects of privatization) in property of natural and legal persons.
T s t b I 2. The legislation of the Russian Federation on privatization of State and municipal property legislation of the Russian Federation on privatization of State and municipal property consists of this federal law and other federal laws and taken in accordance with them other normative legal acts of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation.
T s t b I 3. Limiting the scope of this federal law, the Federal law does not apply to: privatization of property of the Russian Federation, constituent entities of the Russian Federation or municipalities located in joint ownership with physical and juridical persons;
the restoration of property rights of owners, their heirs and successors to property that was nationalized, confiscated or otherwise impounded against the will of the said persons in State or municipal ownership;
privatization of land;
the privatization of natural resources;
privatization of State-owned and municipal housing stock;
privatization of the State reserve;
privatization of State and municipal property, situated outside the territory of the Russian Federation;
privatization of social and cultural facilities, as well as objects of historical and cultural heritage and natural sites;
relations arising in the disposal of State and municipal unitary enterprises and institutions of property assigned to them by right of economic conducting or operative management;
cases of implementation of commitments of the Russian Federation on international treaties of the Russian Federation;
transfers of State or municipal property to non-profit organizations.
The alienation referred to in this article of State and municipal property, including land, constituting a single property complex with objects of privatization, is regulated by other federal laws.
T s t b I 4. The State program of privatization of State property in the Russian Federation 1. Priorities in the implementation of the privatization of State property in the Russian Federation, restrictions on the order of disposal of State property in the property of physical and legal persons, as well as the basis for the privatization of municipal property in the Russian Federation shall be established by the Federal law on the State program of privatization of State property in the Russian Federation (hereinafter referred to as the privatization program).
The Government of the Russian Federation every year at the same time as the draft federal law on the federal budget for the current year represents in the State Duma of the Federal Assembly of the Russian Federation, a draft federal law on amendments and additions to the privatization program.
The Government of the Russian Federation annually before 1 April of the current year represents the Federal Assembly of the Russian Federation report on the implementation of the privatization program over the past year.
2. Privatization program contains: prediction of privatization of State property in the relevant sectors of the economy of the Russian Federation;
forecast changes in the balance of payments of the Russian Federation as a result of the privatization of State property;
forecast for increasing domestic and foreign investment in the Russian Federation as a result of the privatization of State property;
requirements for privatization programmes of constituent entities of the Russian Federation in the field of specific objectives in the present Federal law and methods of privatization of State property;

procedure for selection of methods of privatization of State property and decide on its privatisation conditions consolidate the shares created in the process of privatization of public companies, respectively, in State and municipal property, as well as the procedure for deciding when to respect established during the process of privatization of public companies of the special law on the participation of the Russian Federation, constituent entities of the Russian Federation or municipalities in the management of open joint stock companies ("golden share");
the procedure for estimating the cost of privatized State property;
definition of benefits to employees of State and municipal unitary enterprises converted into joint stock companies, and the provision of such benefits;
the order and regulations the allocation of funds received from privatization of federal property.
3. State property privatization program is classified as follows: property, privatization of which is prohibited;
the property, which is enshrined in the State property before a decision is taken to terminate his anchoring;
property, which privatized with the advent of prohibition to participate in its privatization of foreign natural and legal persons, as well as residents of the Russian Federation, having as its founders (or participants) or affiliated persons, foreign natural and legal persons;
property that is privatized on the basis of the decision of the Government of the Russian Federation;
property that is privatized on the basis of a decision of a federal body of executive power, which are within the competence of the authority in the exercise of the functions of the management and administration of State property (hereinafter referred to as the Federal Agency for State property management), in consultation with the federal authorities, which are within the competence of the authority for the coordination and regulation of relevant sectors of the economy (hereinafter referred to as the relevant federal authorities).
The privatisation programme includes projected list of State unitary enterprises, which are converted into joint stock companies, as well as the projected list of open joint-stock companies whose shares, are federal property, is supposed to sell, substantiation of choice of these enterprises and public companies, prospective ways and timing of their privatization, alleged restrictions on their privatization, dimensions subject to sale of shares of open joint-stock companies and forecast the initial price of such shares. In these lists include state unitary enterprises and joint stock companies, the carrying value of fixed assets which at the date of inclusion in the programme of privatization over five million set by federal law, the minimum wage. These lists also include open joint stock companies created in the privatization process and producing products (goods, services), which has strategic importance for national security of the State. Sale is not included in the lists of shares of open joint-stock companies created in the privatization process and producing products (goods, services), which has strategic importance for national security of the State, is not permitted.
In the forecasted inventories, in particular, included: open joint stock companies while selling shares which the Government of the Russian Federation has decided to enshrine such actions in federal property or special usage rights to the Russian Federation's participation in the management of listed open joint stock companies ("golden share");
Open joint-stock companies, in respect of shares which are federal property, next year it is expected to decide on the termination of their incorporation indicating disposition: a partial or full sale of such shares, the total sales using the open joint-stock companies of the special law on the Russian Federation's participation in the management of listed open joint stock companies ("golden share");
Open joint-stock companies whose shares, are federal property, shall be brought in as a contribution of the Russian Federation in the statutory capital of companies;
Open joint-stock companies whose shares are located in federal property may be alienated state securities owners attesting to the right to acquire such shares.
In the privatization program contains data on State unitary enterprises, privatization of which may be effected through the transfer of State property to rent to employees of these enterprises with the right of redemption in the manner prescribed by paragraph 8 article 20 hereof.

In the privatization programme may contain lists of types of State property privatization which benefits certain categories of citizens of the Russian Federation.
4. Restrictions imposed by the legislation of the Russian Federation on privatization on turnover of certain types of public property, shall remain in effect for all subsequent transactions with the specified property.
5. Federal laws and adopted in accordance with them other normative legal acts of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation, as well as the decisions of the organs of local self-government shall not contradict this federal law and privatization program.
T s t b I 5. Powers of the Russian Federation, constituent entities of the Russian Federation or municipalities in respect of certain public companies 1. In order to ensure national defense and State security, morality, health, rights and lawful interests of citizens of the Russian Federation, respectively, the Government of the Russian Federation, governmental bodies of Russian regions, local government bodies when converting State and municipal unitary enterprises into joint stock companies or making decisions about the sale of State or municipal ownership shares of open joint-stock companies can make decisions on the use of the open joint-stock companies of the special law on the participation of the Russian Federation, respectively, , the constituent entities of the Russian Federation and municipal entities in the management of listed open joint stock companies (hereinafter referred to as special rights ("golden share").
The Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation or the bodies of local self-government, who decided on the use of special rights ("golden share"), appointed respectively by the representatives of the Russian Federation, constituent entities of the Russian Federation and municipal entities in the Board of Directors (Supervisory Board) and the Audit Commission open joint-stock company.
Open joint-stock company, about which the decision about using a special law ("golden share"), is required to notify about the date of the general meeting of shareholders and the proposed agenda for the representatives of the Russian Federation, constituent entities of the Russian Federation and municipal entities in the manner prescribed by the legislation of the Russian Federation.
The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities have the right to make proposals in the agenda of the annual general meeting of shareholders and to require the convening of an extraordinary general meeting of shareholders.
The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities have the right to participate in the general meeting of shareholders, as well as the right of veto, when adopting the general shareholders meeting decision: on the introduction of amendments and additions to the Charter of open joint-stock company or approving the Charter of open joint-stock company in the new edition;
on the reorganization of the open joint-stock company;
on the Elimination of the open joint-stock company, appointment of a liquidation Commission and approval of interim and final liquidation balance sheets;
about the change in the authorized capital of open joint-stock company;
on the conclusion of a specified in chapters X and XI of the Federal law "on joint stock companies" large transactions and transactions of the open joint-stock company, in which there is interest.
The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities have the right of access to all documents of the open joint-stock company and were responsible for disclosure of proprietary and commercial secrets.
The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities are entitled to receive from the registry of securities holder open joint-stock company name (designation) registered in the specified registry of securities owners open joint-stock company, amount, category (type) and the nominal value of their securities.
The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities may apply to the Court with the claim to the Member of the Board of Directors (Supervisory Board), open joint-stock company, sole executive body of the open joint-stock company (Director-General, the Director-General), a member of the collegial executive body of the open joint-stock company (Board, Directorate), as well as to the management of the Organization (Manager) about compensation in accordance with paragraph 2 of article 71 of the Federal law "on joint stock companies".

The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities are members of the Board of Directors (Supervisory Board) of the open joint-stock company. Representatives of the Russian Federation, constituent entities of the Russian Federation and municipal entities on the Board of Directors (Supervisory Board) shall not be taken into account in the election of the members of the Board of Directors (Supervisory Board). The representatives of the Russian Federation, constituent entities of the Russian Federation of municipalities-members of the Board of Directors (Supervisory Board), have the rights and obligations under the legislation of the Russian Federation.
2. The decision to terminate the special law ("golden share") the Government of the Russian Federation, governmental bodies of Russian regions or local authorities have adopted a decision on the use of special rights ("golden share"). A special law ("golden share") is valid until a decision is taken to terminate it.
3. simultaneous docking in State or municipal ownership of shares of open joint-stock company and use the special law against him ("golden shares") are not allowed.
4. Special rights ("golden share") cannot be replaced on the shares of the open joint-stock company, about which the decision about the use of the right.
5. The representatives of the Russian Federation, constituent entities of the Russian Federation, municipalities may be assigned respectively to the State and municipal employees, who carry out their activities on the basis of regulations approved by the Government of the Russian Federation.
T s t b I 6. Representation of interests of the Russian Federation, constituent entities of the Russian Federation or municipalities in open joint-stock companies whose shares are enshrined in State or municipal ownership 1. In order to ensure national defense and State security, morality, health, rights and lawful interests of citizens of the Russian Federation, respectively, the Government of the Russian Federation, governmental bodies of Russian regions, local government bodies when converting State and municipal unitary enterprises into joint stock companies or making decisions about the sale of State or municipal ownership shares of open joint-stock companies may decide to consolidate the shares of public companies listed in State or municipal ownership.
When the State or municipally owned 100 percent of the shares of the open joint-stock company the powers of the supreme body of management of the company-the general meeting of shareholders on behalf of the respective owner of the shares of the public authority (municipal) property. Formation of the position of the Russian Federation as a shareholder of the federal executive authorities, defined by the Government of the Russian Federation or in other prescribed procedure. Taken by the supreme body of management of the open joint-stock company decision shall be formalised by the Protocol to be stored in accordance with article 89 of the Federal law "on joint stock companies". Provided for specified federal law the procedures for preparing and conducting the general meeting of shareholders shall not apply. (The paragraph is supplemented by federal law from 23.06.99 N 116-FZ) members of the Board of Directors (Supervisory Board), open joint-stock company shall be appointed for a period of one year, the relevant authority of the State (municipal) property, which has the right to terminate the powers of any member (all members) Board of Directors (Supervisory Board). Education of the executive bodies of the open joint-stock company and early termination of their powers is subject to a decision of the authority of the State (municipal) property that implements the competence of the supreme body of management of the company, if the Charter of a company addressing these issues not related to the competence of the Board of Directors (Supervisory Board), open joint-stock company. (The paragraph is supplemented by federal law from 23.06.99 N 116-FZ) general meeting of shareholders shall be convened, and decides on the rules established by the Federal law "on joint stock companies", since the exclusion of two percent or more of the shares of the total shares (100 per cent), formerly contained in State or municipal ownership. (The paragraph is supplemented by federal law from 23.06.99 N 116-FZ)

2. the Government of the Russian Federation, authorized federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government in the established order the propositions made in the agenda of the general meeting of shareholders to nominate candidates to the Board of Directors (Supervisory Board), the Audit Commission, as well as in the Executive branch of the open joint-stock company if its Charter solution to this issue is related to the competence of the general meeting and appoint representatives to vote at general meetings of shareholders shares owned, respectively, the Russian Federation, constituent entities of the Russian Federation and municipal entities.
If the credentials do not indicate the number of votes, filed for candidacy in the election of the members of the Board of Directors (Supervisory Board) and the Audit Commission open joint-stock company, the representatives of the Russian Federation, constituent entities of the Russian Federation, the municipality must vote so as to ensure the election of a maximum number of candidates nominated, respectively, the Russian Federation, the Russian Federation, the municipal education Board of Directors (Supervisory Board) and the Audit Commission open joint-stock company. (Para 2 as amended by the Federal law dated 23.06.99 N 116-FZ)

3. persons elected in accordance with the established procedure in the Board of Directors (Supervisory Board), open joint-stock company from among candidates nominated by the authorities of the Russian Federation, constituent entities of the Russian Federation, municipalities are on the Board of Directors (Supervisory Board) of a company interests respectively of the Russian Federation, constituent entities of the Russian Federation and municipal entities.
Representatives of the interests of the Russian Federation, constituent entities of the Russian Federation, the municipal education Board of Directors (Supervisory Board) of the open joint-stock company shall agree in writing in the manner prescribed by the Government of the Russian Federation, respectively, the Executive authority of the Russian Federation, the municipality, its vote on matters considered at the Board of Directors (Supervisory Board) of a company, including the personal composition of the executive bodies of the company (if the issue is related to the competence of the Charter Board of Directors (Supervisory Board).
Representatives of the interests of the Russian Federation, constituent entities of the Russian Federation and municipal entities on the Board of Directors (Supervisory Board) of the open joint-stock company, are by State or municipal employees, are not eligible to receive any remuneration in cash or in any other form, as well as through these societies and third party costs of implementing their functions.
The Government of the Russian Federation, authorized federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government shall have the right at any time to replace a member of the Board of Directors (Supervisory Board), elected from among the nominated candidates and represents the corresponding State or municipal interests.
The sole executive body of the open joint-stock company, more than 25 percent of the shares which is enshrined in State or municipal ownership, does not have the right to make deals on alienation of shares entered in the authorized capital of the company, as well as the transaction giving rise to the possibility of alienation or transfer them in trust, without the written consent of the authority for State property management that is responsible for formation of authorized capital of the society. The deal, done without such written consent is void.
Under this item the peculiarities of the legal status of open joint-stock companies, created by the privatization of public or municipal enterprises that operate in relation to society before the end of the privatization, or until such time as the number of shares owned by the State or the municipality, will be no more than 25 per cent of their total number. (Para 3 as amended by the Federal law dated 23.06.99 N 116-FZ) t s t b I 7. Federal Agency for State property management 1. Federal Agency for State property management determines the President of the Russian Federation, upon recommendation of the Chairman of the Government of the Russian Federation.
The head of the federal authority for State property management is a member of the Government of the Russian Federation and Minister of the Russian Federation. Head of federal body of State property management in expanding their functions might be the Deputy Prime Minister of the Russian Federation.
In the constituent entities of the Russian Federation Federal State property management body creates its own territorial bodies and establishes their credentials.

2. For the implementation of a uniform State policy in the area of privatization of the State property of Federal Agency for State property management: coordinates the activities of the federal bodies concerned in the management and disposal of federal property;
develops and issues within its competence under this federal law, privatization programme, other federal laws, normative legal acts, regulating the process of privatization of State property, to monitor the implementation of these regulations makes changes and additions, as well as giving explanations on the application of the legislation of the Russian Federation on privatization;
in conjunction with the relevant federal bodies represents the Government of the Russian Federation draft privatization programmes;
organizes and controls the implementation of privatization programmes;
carries out through its territorial bodies of management and monitoring of privatization of federal property;
in accordance with its competence makes a decision on the privatization of federal property and sends the objects of privatization of a specialized agency to which the Government of the Russian Federation authorized on organizing and implementing the sale of federal property (hereinafter referred to as the Agency), for sale in the manner prescribed by this federal law;
performs in the manner prescribed by this federal law, other federal laws, the conversion of State unitary enterprises into joint stock companies;
on behalf of the Russian Federation is the founder of open joint-stock companies, created in the process of privatization;
on behalf of the Russian Federation carries out the rights of a shareholder (member) of economic companies shares (share in authorized capital) of which are in federal property;
creates the Commission on privatization of federal property;
organizes in the manner prescribed by the Government of the Russian Federation, accounting for federal property and maintain its registry.
3. Federal Agency for State property management is not entitled to delegate its powers defined by this federal law, other federal agencies, as well as natural and juridical persons.
4. Federal Agency for State property management, in conjunction with State authorities of the constituent entities of the Russian Federation and bodies of local self-government, prepares proposals on the delineation of federal ownership, State ownership of the subjects of the Russian Federation and municipal property. The decision on the delimitation of State property taken in the manner prescribed by federal laws and adopted in accordance with them and other normative legal acts of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation.
T s t b I 8. State property management bodies of constituent entities of the Russian Federation 1. The executive bodies of the subjects of the Russian Federation, which are within the competence of the authority for the management and disposal of State assets of the constituent entities of the Russian Federation (hereinafter-bodies for management of State property of the constituent entities of the Russian Federation) are determined by the State authorities of the constituent entities of the Russian Federation.
State property management bodies of constituent entities of the Russian Federation may be endowed with the powers of the territorial bodies of the Federal State property management body. In this case, State property management bodies of constituent entities of the Russian Federation to carry out their activities in the community pertaining to managing and administering federal property in accordance with the regulations about the management of State property of the Russian Federation, which empowered the territorial authority of a federal body for management of State property.
At the specified position defines the rights and obligations of the authority for the management of State property of the Russian Federation, which empowered the territorial authority of a federal body for management of State property. The provision approved by the Government of the Russian Federation.
2. State property management bodies of constituent entities of the Russian Federation on behalf of the Federal State property management agency has the right to exercise individual authority for privatization of federal property.
State property management bodies of constituent entities of the Russian Federation shall have the right to send representatives into the Federal Agency for State property management of the Commission on privatization of federal property, located on the territories of the relevant constituent entities of the Russian Federation.
3. in accordance with the statutes of the municipalities to address the representative bodies of local self-government bodies may be established for the management of municipal property.

T s t b I 9. Buyers of State and municipal property 1. The privatization of State and municipal property, State and municipal unitary enterprises, State-owned enterprises, State and municipal institutions, as well as other legal persons in whose authorized capital the share of the Russian Federation, constituent entities of the Russian Federation and municipal entities exceeds 25 per cent (hereinafter purchasers), may not be buyers of such property.
2. Duty to prove their right to purchase of State and municipal property is entrusted to the buyers.
If it is subsequently determined that at the time of the sale of State or municipal property, the buyer had no legal rights to its purchase, the deal for the privatization of State or municipal property is repealed in accordance with the legislation of the Russian Federation.
3. the list of documents submitted to the buyers, and the order of their submission, defines the Government of the Russian Federation. Buyers representation is mandatory-legal entities of their approved in accordance with the established procedure of constituent documents and balance sheets for the last three years of activity, as well as certificates of tax inspection. Help tax inspection shall be submitted to the buyers-legal persons in case of purchase-sale deals worth more than ten thousand set by federal law, the minimum wage and customers-natural persons in the case of purchase-sale deals worth more than two thousand federal law established minimum wage.
T s t b I 10. Federal property sellers 1. Sale of federal property carry out specialized agency and assigned representatives (hereinafter referred to as the sellers of federal property).
2. Specialized Agency, in accordance with the legislation of the Russian Federation shall be a legal entity and vested in the Special Fund established for him on the right of operative management.
Specialized agency may create in the constituent entities of the Russian Federation offices.
The activities of the specialized agencies and its branches on sale of objects of privatization is not taxable.
3. Specialized Agency within the limits of its competence, shall exercise the following functions: on behalf of the Russian Federation owns him passed federal agency for State property management or property management bodies of constituent entities of the Russian Federation the Russian Federation owned objects prior to their privatization sales, including the powers of the Russian Federation in its capacity as shareholder (member) in companies;
on behalf of the Russian Federation carries out devolved federal authority sale of State property or its territorial bodies of objects of privatization;
acts upon instructions from the Government of the Russian Federation, founder of business companies;
conducts statistical and accounting records of cash funds received as a result of the privatization of federal property;
leads in the manner prescribed by the legislation of the Russian Federation, accounting for privatization of shares (interests in Charter capital) companies belonging to the Russian Federation, as well as records of obligations of buyers, certain contracts for the sale of federal property;
gets and enumerates the funds obtained as a result of the privatization of federal property, in accordance with the regulations established by the privatization programme;
implementing measures to ensure the enumeration of dividends and other income on shares (interests in Charter capital) of business entities in which a specialized agency on behalf of the Russian Federation shall exercise the powers of a shareholder (member);
carries out on behalf of the Russian Federation Government securities issuance, certifying the right to purchase are in federally owned shares of open joint-stock companies, created in the process of privatization.
4. Subject to the sale of the shares created in the process of privatization of public companies, owns a specialized agency shall have the right to vote at the general meeting of shareholders. (As amended by federal law from 05.08.2000 N 109-FZ)
5. procedure of activity assigned to a specialized agency representatives shall be established in accordance with the Civil Code of the Russian Federation, other federal laws and prisoners in accordance with the plans of privatization contracts between specialized agency and such representatives. A sine qua non of those treaties is the responsibility of the implementation representatives offered for sale of objects of privatization on those instruments approved conditions and costs, which should not be mounted lower than the starting price.

The selection of representatives is conducted on a competitive basis. The activities of representatives of funded by monies derived from the sale of federal property.
T s t b I 11. Sellers of State property of subjects of the Russian Federation and municipal property sellers 1. The sale of State property of subjects of the Russian Federation may exercise the legal entities, which, in the manner prescribed by the State authorities of the constituent entities of the Russian Federation, given the authority to organize and implement the sale of such property (hereinafter referred to as the sellers State property of subjects of the Russian Federation).
Procedure of activity of State property sellers of constituent entities of the Russian Federation shall be established in accordance with the Civil Code of the Russian Federation, other federal laws, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
2. Local self-government bodies independently appoint vendors municipal property.
T s t b I 12. Means of payment in the privatization of State and municipal property 1. The privatization of State and municipal property is recognized as legal tender currency (currency) of the Russian Federation.
2. In the cases and in accordance with established federal law, as a means of payment in the privatization of State and municipal property may be deemed trust debt obligations of the Russian Federation.
T s t b I 13. The distribution of funds received from privatization of State and municipal property 1. Obtained from privatization of State property funds are distributed in the manner and in accordance with the regulations that are set accordingly, privatization and privatization programmes programme of subjects of the Russian Federation, and are not subject to taxation. Funds obtained as a result of the privatization of State or municipal property, respectively, payable to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and are mandatory payments.
2. Money received as a result of the privatization of municipal property shall be distributed in accordance with the decisions of the representative bodies of local self-government.
3. money obtained from privatization of State and municipal property from the first to the fifteenth day of each month, respectively, payable to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets not later than the twenty-fifth number of the corresponding month. Funds obtained as a result of privatization of State and municipal property from the sixteenth to the thirty-first of each month, respectively, payable to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets not later than the tenth day of the month following the relevant month.
4. In case of untimely remittance of funds obtained as a result of the privatization of State property, the federal body of executive power which is responsible to coordinate and regulate the collection of taxes, its territorial bodies and the relevant State authorities of the constituent entities of the Russian Federation shall have the right to cancellation in an uncontested procedure specified funds from accounts respectively federal property sellers and sellers State property of subjects of the Russian Federation.
5. For late transferring funds received as a result of privatization of State and municipal property, respectively, to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets of federal property dealers, sellers of State property of subjects of the Russian Federation and municipal property sellers (hereinafter referred to as the sellers of property) shall pay a fine for each day of delay at the rate of one three-hundredth interest rate refinancing of the Central Bank of the Russian Federation, acting on the due date, the sellers of the property cash obligations to the relevant budgets.
Chapter II. The procedure and modalities for the privatization of State and municipal property with t a t b I 14. Initiative in carrying out privatization of State and municipal property 1. Initiative in carrying out privatization of State and municipal property may come from the Government of the Russian Federation, the federal body for management of State property, the relevant federal bodies, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, natural or legal persons.

2. The application for privatization of State property are served respectively in Federal Agency for State property management, its territorial bodies, bodies for management of State property of the constituent entities of the Russian Federation (hereinafter referred to as property management bodies). The form establishes a Federal Agency for State property management.
T s t b I 15. Decision-making on privatization of the State property 1. Bids for the privatization of State property register for property management bodies concerned on the date of their filing.
2. If, in accordance with the programme of privatization, privatization programmes of constituent entities of the Russian Federation privatization object may be privatized to address, respectively, the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, the relevant authorities make asset management in the Government of the Russian Federation or the State authorities of the constituent entities of the Russian Federation proposal for privatization of the specified object with the justification for its privatization, proposed the method and duration of privatization of the facility , the need for consolidating the shares of the open joint-stock company in federal ownership, State ownership of the subjects of the Russian Federation or the use of special rights ("golden share").
3. If in accordance with the programme of privatization privatization object can be privatized by a decision of the federal authority for State property management, agreed with the relevant federal authorities, the decision to privatize the specified object takes the Federal State property management authority within three months from the date of registration of the application for privatization of State property.
The order of consideration of the Federal Agency for State property management of the application for privatization of State property and privatization decisions on its harmonization with the relevant federal bodies shall be established by the Government of the Russian Federation.
4. If, in accordance with the programme of privatization, privatization programmes of constituent entities of the Russian Federation privatization object can be privatized without the decision of the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation or federal body for management of State property, the decision to privatize such object or refuse to accept the privatization of property management bodies concerned within one month from the date of registration of the application for privatization of State property. The decision to privatize such object or refuse its privatization shall be sent to the applicant in writing within three days from the date of adoption of that decision.
5. Decision on the privatization of State property, referred to in paragraphs 2 and 3 of this article, the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation or the Federal Agency for State property management, taking into account the importance of the object of privatization to ensure the country's defense and security of the State, taking into account the economic interests of the Russian Federation, constituent entities of the Russian Federation, the object of privatization, industry decisions of general meetings of employees converted to joint stock companies of State unitary enterprises , the Federal competition authority, the relevant federal bodies, as well as the views of the bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, if the businesses have town-nature or have significant impact on the socio-economic situation of the territory.
6. the Government of the Russian Federation, governmental bodies of Russian regions, the relevant property management bodies when considering applications for the privatization of State assets can take the decision on refusal to State property privatization or privatisation.
7. the refusal in the privatization of State property is possible if: the State property privatization, including if specified property seized from civil circulation or limited civil circulation, is forbidden;
property specified in the application for privatization of State property, does not apply to public property;
property specified in the application for privatization of State property is inalienable under other federal laws.
In the case of a decision on refusal to State property privatization the claimant is sent a notice in writing with justification of such decision.

8. In the event of a decision on the privatization of State property, respectively, the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation may decide to consolidate the shares of the open joint-stock company, created in the process of privatization of State property or public property of subjects of the Russian Federation.
In accordance with the programme of privatization, privatization programmes of constituent entities of the Russian Federation, respectively, the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation may take a decision on the privatization of State property by using a special law ("golden share").
9. In the event of a decision on the privatization of State property administration bodies concerned create a privatization Commission and establish the term of preparation of the privatization plan, which may not exceed six months from the date of adoption of the decision on the privatization of such property.
The term of preparation of the privatization plan could be extended by a decision of the relevant bodies on management of property of not more than one year.
10. the Commission on privatization includes representatives of relevant authorities for property management, financial bodies, the relevant federal bodies, bodies of State power of the constituent entities of the Russian Federation, if necessary, representatives of the territorial bodies of the Federal competition authority, as well as other persons in accordance with this federal law.
Privatization Commission has the right to involve experts, as well as auditing, consultancy, evaluation and other organizations.
11. In terms of privatization are determined by way of selling the object of privatization, the terms and conditions of sale, as well as the initial price of the object of privatization. Privatization plan argue the appropriate property management bodies. Model form approves the privatization plan, the Government of the Russian Federation.
T s t b I 16. Methods of privatization of State and municipal property 1. The privatization of State and municipal property, use the following methods of privatization: sale of State or municipal property at auction, including sale of shares created in the process of privatization of public companies on the specialized auction;
sale of State or municipal property in commercial competition with the investment and (or) social conditions;
sale of shares created in the process of privatization of public companies to their employees;
ransom leased State or municipal property;
transformation of the State and municipal unitary enterprises into joint stock companies, 100% of the shares which is in State or municipal ownership;
Amendment of State or municipal property, as a contribution to the statutory capital of companies;
alienation of State or municipal property shares created in the process of privatization of public companies to owners of public or municipal securities proving the right to acquire such shares.
2. Sale of enterprise as a property complex or shares created in the privatization process of the open joint-stock company, which represent more than 50% of the Charter capital of a specified society, is carried out exclusively in commercial competition with the investment and (or) social conditions in accordance with article 21 hereof.
3. sale (transfer) creditors ownership of the State or municipal property to offset domestic and external debt of the Russian Federation, constituent entities of the Russian Federation or municipalities, as well as exchange of State or municipal property for other property (money, goods and services), is not permitted, except in the case provided for in article 24 of this federal law.
4. in determining the method of privatization of State or municipal property privatization Commission takes into account: the proposals contained in the bids for the privatization of State or municipal property, filed with the relevant property management bodies;
industrial specifics of privatization objects and their socio-economic importance to the territory;
market value of privatization objects.
5. Choice of the method of privatization of State property take respectively the Government of the Russian Federation, governmental bodies of Russian regions, the relevant bodies on management of property in the manner provided for in article 15 hereof.
T s t b I 17. Procedure for determining the initial price of privatization objects 1. How to define the initial price of the program of privatization of objects of privatization.

2. Sellers of property may, taking into account the prevailing market conditions to take the decision to change the initial price of objects of privatization. The initial price of privatization objects can not be compromised by the sellers of property more than 10 per cent without approval from the relevant authorities for property management, approving privatization plans of specified objects.
T s t b I 18. Information on privatization of State and municipal property 1. Information on privatization of State and municipal property shall be published by the sellers of property in official newsletters and other mass media not less than 45 days before the sale of the property. The privatization of municipal property units of local self-government may set a shorter deadline for the publication of such information, which may not be less than one month.
2. List of information subject to mandatory publication in the form of an informational message with the sale of objects of privatization shall be established by the Government of the Russian Federation.
3. When the sale of shares of open joint-stock company, created in the privatization process, mandatory inclusion in an informative message subject to following information: plot, hosts real estate such a society;
characteristics of the real estate of such a society and the encumbrances;
restrictions on the resale of the shares of this company;
obligations of such a society, including the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, State non-budgetary funds;
the balance sheet of a society;
the basic nomenclature of products (works, services) of such a society;
number of employees of such company;
conditions of sale of shares of this company;
limitations on the participation of non-residents of the Russian Federation, as well as residents of the Russian Federation, having as the founders (participants) and affiliates of foreign physical and legal persons;
order familiarize buyers with other information.
In accordance with the view of the Federal Antimonopoly body and its territorial bodies in an informational message includes information about the percentage of goods (works, services) of open joint-stock company, dominant in the relevant product market.
Other information about the open joint stock company buyers have the right to study in a location specified in the information message.
Form to provide additional information about the open joint-stock company and list sets the Federal Agency for State property management.
4. Information on the results of privatization deals of State or municipal property shall be published within one month from the date of these transactions. The order of publication of information on the results of State property privatization deals defines the Government of the Russian Federation.
T s t b I 19. Order of payment of State and municipal property with its privatization of 1. Payment of the purchased by buyers of State property may be made in a lump sum or in installments. Procedure of granting State property while paying an installment plan with the programme for privatization and privatization programmes of constituent entities of the Russian Federation.
2. Order of payment of municipal property privatization when it establishes local self-government bodies.
T s t b I 20. Transformation of the State and municipal unitary enterprises into joint stock companies, 100 percent of the shares of which are in State or municipal ownership 1. State and municipal unitary enterprises can be transformed into joint stock companies, 100 percent of the shares of which are in State or municipal ownership.
2. preparation of State and municipal unitary enterprises to transform into joint stock companies, 100 percent of the shares of which are in State or municipal ownership is in the inventory of these enterprises and audit of financial-economic activities of State unitary enterprises, the carrying value of fixed assets which for a day of decision-making about their transformation into joint stock companies exceeds five million set by federal law, the minimum wage as well as, where necessary, in the reorganization of State and municipal unitary enterprises, including in the selection of their units as legal persons.

3. When converting State and municipal unitary enterprises into joint stock companies, 100 percent of the shares of which are in State or municipal ownership, property management bodies concerned create a privatization Commission and establish the term of preparation of the privatization plan. Specified period may not exceed six months from the date of filing the application for privatization of State property.
The term of preparation of the privatization plan could be extended by a decision of the relevant bodies on management of property of not more than one year.
Privatization Commission is obliged to consider the draft plan of privatization by public or municipal unitary enterprise.
4. the Commission on privatization includes representatives of relevant authorities for property management, financial bodies, the relevant federal bodies, bodies of State power of the constituent entities of the Russian Federation. When converting the State unitary enterprise into an open joint-stock company, 100 percent of the shares of which is State-owned, local authority at the location of the company, its employees, as well as the territorial body of the Federal Antimonopoly body has the right to send its representatives to the Commission.
Privatization Commission has the right to involve experts, as well as auditing, consultancy, evaluation and other organizations.
5. In terms of privatization are defined terms and how to transform State or municipal unitary enterprise into an open joint-stock company, 100% share in State or municipal ownership, the amount of the authorized capital of open joint-stock company, the benefits provided by its employees, category (type) of shares of open joint-stock company, the nominal value of these shares, the ways and terms of sale.
6. Privatization Commission considers privatization plan and sends it to the general meeting of employees of the State or municipal unitary enterprise for harmonization.
If the general meeting of employees of the State or municipal unitary enterprise within one month from the date of receipt of the plan of privatization is not considered it, privatization plan is considered agreed.
Privatization plan argue the relevant authorities for property management Commission for privatization.
7. If the general meeting of employees of the State or municipal unitary enterprise has not agreed on a plan for privatization, privatization Commission is obliged to propose another version of the plan of privatization. If the general meeting of employees of the State or municipal unitary enterprise re not agreed on the privatization plan, the decision on its approval take respectively the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, the representative bodies of local self-government.
8. The privatization of State and municipal property, the types of which are installed respectively programme for privatization, privatization programmes of subjects of the Russian Federation and the decisions of the representative bodies of local self-government and in the presence of the relevant decision of the general meeting of employees of the State or municipal unitary enterprise privatization of such property shall be effected through a lease with right of redemption by the employees of the company by market value. The procedure and conditions for the implementation of privatization through lease with option to purchase the property of the State unitary enterprise of his employees at market value determines the Government of the Russian Federation.
9. Conversion into joint stock companies of State and municipal unitary enterprises, which are included in the State Register of associations and enterprises holding dominant positions in commodity markets, is carried out by agreement with the Federal competition authority.
10. After completion of the work of the Commission on privatization of property management relevant authorities carry out reorganization or liquidation of State or municipal unitary enterprises, establish a joint stock company, claiming its Charter, take place in accordance with the established procedure for the State registration of the open joint-stock company, forming his Government.
11. the Charter of open joint-stock company, created as a result of the transformation of State or municipal unitary enterprise into an open joint-stock company, 100% share in State or municipal property, are subject to the requirements of the Federal law "on joint stock companies" and certain features of this federal law.

12. When converting a State or municipal unitary enterprise into an open joint-stock company, 100% share in State or municipal ownership, State or municipal unitary enterprise from the date of adoption of the decision on its transformation into a joint stock company and till the moment of its State registration may not without approval from relevant authorities on management of property transactions with movable property the value of which exceeds 10 percent of the book value of the assets of the State or municipal unitary enterprise on the date of approval of its last balance sheet.
The Commission of State or municipal unitary enterprise of real estate transactions, as well as the dismissal of more than 10 per cent of the employees of the company during the six months preceding the day of adoption of the decision to transform State or municipal unitary enterprise into an open joint-stock company, 100% share in State or municipal ownership, and up to the moment of the State registration of such society shall not be permitted.
T s t b I 21. Sale of State or municipal property in commercial competition with the investment and (or) social conditions 1. State or municipal property is sold in commercial competition with the investment and (or) social conditions (hereinafter referred to as the commercial competition) if in respect of the object of privatization to the buyer, you must meet specific investment and/or social conditions.
The right to acquire the object of privatization belongs to the buyer who offered during commercial competition the highest price for the specified object, subject to such purchaser of investment and (or) social conditions.
The procedure for conducting commercial competitions defines the Government of the Russian Federation.
2. Ownership of the State or municipal property, which privatized commercial contest goes to the winner of this contest after fulfilment of investment and (or) social conditions in respect of the object of privatization. Winner commercial contest not entitled thereto prior to the transition of ownership of the object of privatization, dispose of it or dispose of it otherwise.
3. If the object of privatization are shares of the open joint-stock company, winner of the commercial competition before moving on to him ownership of the shares exercises voting on them at their discretion, except for a vote on the following issues: making changes and additions to the constituent documents of the open joint-stock company;
mortgage, lease, expropriation of the open joint-stock company, if the value of such property exceeds 10 per cent of the authorized capital of open joint-stock company;
bail and alienation of real estate open joint-stock company;
a loan of more than 10 per cent of the net asset value of the open joint-stock company;
establishment of companies (partnerships);
emission of securities are not convertible into shares of the open joint-stock company;
approval of the annual report, balance sheet, profit and loss accounts of the open joint-stock company, as well as distribution of profits and losses.
Vote on the issues of commercial competition winner performs such a vote after the agreement with the relevant authorities for property management in writing.
Winner commercial competition does not have the right to vote for the reorganization or liquidation of the open joint-stock company.
Open joint-stock company, created in the privatization process and that has not completed the investment and (or) social conditions is not entitled to take the decision to change the authorized capital, issue additional shares and other convertible to shares specified society of securities.
The procedure for exercising the winner of commercial contest ownership and right of use of the object of privatization, unless the object of privatization are shares of the open joint-stock company, defines the Government of the Russian Federation.
4. In the sale of State or municipal property at commercial competition social conditions can be installed, if the object of privatization is the enterprise as a property complex or if the object of privatization are shares of the open joint-stock company constituting more than 50 per cent of its share capital.
These social conditions may provide in respect of the object of privatization: the preservation of a certain number of jobs or the creation of additional jobs;
retraining or refresher training of workers;
maintaining the existing system of occupational safety and health of workers;

limit on profile modification projects of socio-cultural activities, domestic or public service vehicle or the termination of their use;
measures for environmental protection Wednesday and health of citizens.
These social conditions are exhaustive and cannot be modified.
These social conditions of commercial competition must have economic justification, value, dates and procedure for confirmation of winner commercial contest they run.
Social conditions of commercial competition are subject to consultation with the relevant federal authorities, State authorities of the constituent entities of the Russian Federation, bodies of local self-government, as well as with employees of the open joint-stock company whose shares are the object of privatization.
5. In the sale of State or municipal property at commercial competition investment environment can include on a privatization of its reconstruction activities, certain types of equipment, modernization and expansion of production.
These investment conditions commercial competition must have economic justification, value, dates and procedure for confirmation of winner commercial contest they run.
Investment environment of commercial competition are subject to consultation with the relevant federal authorities, State authorities of the constituent entities of the Russian Federation, bodies of local self-government.
In the sale of objects of privatization for commercial competition as investment conditions can serve as a commitment of the winner of the contest to implement measures installed commercial tariff and non-tariff protectionism against Russian producers, including the use of Russian raw materials and semi-finished products in cases where their qualitative characteristics meet or exceed foreign analogs are the characteristics of these analogues or if the prices specified raw materials and semi-finished products correspond to the prices foreign analogues or lower prices.
As investment conditions commercial competition can serve as a commitment of the winner of the contest to pay commercial within the prescribed time-limit the debt owed to the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and State non-budgetary funds.
6. investment and (or) social conditions of commercial competition, volumes, execution order, measures to monitor their implementation, as well as the order confirmation, the winner of the commercial competition of such conditions set at the time of approval of the plan of privatization appropriate property management bodies in accordance with the relevant federal authorities, State authorities of the constituent entities of the Russian Federation, bodies of local self-government.
All investment and social conditions of commercial competition are implemented through funds made a winner of commercial competition for the gratuitous and irrevocable basis, in accordance with the agreement it has concluded with the respective property seller agreement on how to run a commercial investment contest winner and (or) social conditions. If the object of privatization are shares of the open joint-stock company specified society simultaneously with the Treaty on how to run a commercial investment contest winner and (or) social conditions concludes with the relevant seller agreement for use of property investment funds. The conclusion of these contracts is mandatory for commercial contest winner, as well as for the open joint-stock company whose shares are the object of privatization. Amendments to the investment and (or) social conditions of commercial competition and obligations his winner after the conclusion of these agreements is not allowed.
Forms and terms of those treaties shall be established by the Government of the Russian Federation.
7. in case of commercial investment contest winner and (or) social conditions, as well as improper for their implementation, including violations of the interim or final deadlines for such conditions and volumes of their implementation, the object of privatization, gained commercial contest winner shall be gratuitous alienation respectively to the State and municipal property, and bodies and persons referred to in paragraph 1 of article 29 of this federal law, shall be obliged to sue judicially (initiate) avoidance of privatization of State or municipal property damages, and application of other impacts in accordance with the legislation of the Russian Federation and the contracts for the sale of State or municipal property.

8. investments in cash or another form taken by the winner of the commercial competition for the performance of its investment and (or) social conditions, are not taxable.
T s t b I am 22. Sale of State or municipal property at auction 1. The auction sold State or municipal property, if the buyers do not have to comply with any conditions in relation to objects of privatization. Ownership of the object of privatization shall pass to the buyer offering the highest price for such an object.
2. Order the auction conditions of participation of buyers, the procedure for electing the winners of the auction, as well as payment for the purchased State or municipal property shall be governed by the provisions, approved by the Government of the Russian Federation.
3. Sale of shares created in the privatization process of the open joint-stock company may be specialized auction.
Specialized auction shall be held in the form of open tendering, in which winners receive shares of the open joint-stock company at a single price.
The procedure for conducting specialized auction, eligibility for it buyers, their form of presentation of applications for participation in the specialized auction procedure for electing the winners, as well as payment for the acquisition of shares of open joint-stock company shall be established in the regulation, approved by the Government of the Russian Federation.
T s t b I 23. Amendment of State or municipal property, as a contribution to the statutory capital of companies Making State or municipal property, as a contribution to the statutory capital of companies is subject to a decision of the Government of the Russian Federation, respectively, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government in the order established by the programme for privatization, privatization programmes of constituent entities of the Russian Federation.
T s t b I 24. Alienation of State or municipal ownership shares of open joint-stock companies of securities owners attesting to the right to acquire such shares 1. Decision to issue securities proving the right acquisition of State or municipal property shares created in the process of privatization of public companies, respectively, the Russian Federation, constituent entities of the Russian Federation, municipalities take respectively the Government of the Russian Federation, governmental bodies of Russian regions, local government bodies. Such decisions shall be determined by the order of implementation of the rights of owners of securities, respectively, the Russian Federation, constituent entities of the Russian Federation, municipalities, the number of shares of open joint-stock companies, category (type) of shares, as well as the names of the open joint-stock companies-issuers of such shares.
2. Tender procedures on posting set forth in paragraph 1 of this article, the Securities and restrictions on the treatment of such securities shall be established by the Government of the Russian Federation.
T s t b I 25. The sale of shares of open joint-stock companies, created in the process of privatization, their employees 1. Shares of open joint-stock companies, created in the process of privatization, can be sold to employees of such companies.
Procedure for sale of shares of open joint-stock companies, created in the process of privatization and their employees shall be determined by federal law.
2. Number of shares created in the privatization process of the open joint-stock company, which can be sold to its employees, category (type) of shares, the procedure for determining their prices, as well as the order and terms of payment of such shares shall be established by the privatization programme.
T s t b I 26. Redemption of State or municipal property, leased 1. Privatization leased pursuant to lease with option to purchase, which was concluded before the entry into force of the law of the Russian Federation "on privatization of State and municipal enterprises in the Russian Federation", property of the State or municipal unitary enterprise is carried out on the basis of statements by the tenant of such property in the following ways: in accordance with the lease agreement with option to purchase, if the size of the buyout, terms and procedure for submission as well as other conditions set specified in the agreement;
by State or municipal unitary enterprise into an open joint-stock company with the provision of such property to the lessee the right to priority acquisition of shares specified society belonging respectively to the Russian Federation, constituent entities of the Russian Federation and municipal entities.

The procedure for exercising the tenant of such property the right to priority acquisition of shares of open joint-stock companies created through the conversion of State or municipal unitary enterprises, calculation of the cost of these shares are accordingly defined by a program of privatization, privatization programmes of constituent entities of the Russian Federation. The size of the buyout, terms and order of its submission by the lessee of such property, as well as the conditions of the stock acquisition priority is determined by the Government of the Russian Federation approved regulations on privatization of State property leased.
2. In other cases, the tenant of the property of a State or municipal unitary enterprise recognized by the buyer in accordance with article 9 hereof may acquire such property in the manner prescribed by this federal law, as well as, respectively, a program of privatization and privatization programmes of constituent entities of the Russian Federation.
3. the procedure for determining the value of the redeemable State property leaseholders shall be determined respectively program of privatization and privatization programmes of constituent entities of the Russian Federation.
T s t b I 27. Social guarantees for employees of the open joint-stock companies, created through the transformation of State and municipal unitary enterprises 1. Open joint-stock companies, created through the conversion of State and municipal unitary enterprises, responsible for the obligations contained in the collective agreements applicable to the transformation of State and municipal unitary enterprises into joint stock companies.
2. on the expiry of three months from the moment of State registration of the open joint-stock company its employees (workers ' representatives) or the executive body specified society can offer to revise the provisions of the applicable collective agreement or to conclude a new collective agreement.
3. the dismissal of employees of the open joint-stock companies, created through the transformation of State and municipal unitary enterprises, and employment of these workers governed by the labour legislation of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation.
Chapter III. Final provisions t s t b I 28. Registration of privatization of State or municipal property 1. When privatization of State or municipal property between the seller and the buyer of the property is the contract of sale in accordance with the Civil Code of the Russian Federation and the present Federal law.
2. Binding terms and conditions of the contract of sale of State or municipal property are: information about the seller and the buyer of the property; the name of the object of privatization; his whereabouts; the composition and value of State or municipal property; terms of lease (goods) of the land plot; number of shares of open joint-stock company; their category (type) and cost; order of transfer of State or municipal property buyer; the shape and the timing of payment for the purchased property; obligations of the buyer for its use; investment and (or) social conditions under which the property was acquired by the buyer; the order confirmation by the buyer of such conditions;
ways to ensure investment and (or) social conditions, including guarantees of their implementation;
the procedure for exercising the buyer ownership and right to use the assets until the transition to him ownership of such property;
other conditions established by the parties to such a treaty by mutual agreement.
All obligations of the buyer with respect to the object of privatization should have a time frame for their implementation, as well as defined in accordance with the legislation of the Russian Federation valued.
3. Ownership of the State or municipal property is transferred from the Russian Federation, constituent entities of the Russian Federation and municipal entities to its customers in accordance with the legislation of the Russian Federation, this federal law and the contract of sale of State or municipal property.
T s t b I 29. The invalidity of transactions for the privatization of State or municipal property

1. If the State or municipal property privatization was carried out in violation of the provisions of this federal law and other federal laws and in compliance with other regulatory legal acts of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation, as well as the terms of contracts of sale of State or municipal property, the Government of the Russian Federation, governmental bodies of Russian regions, local government bodies , the relevant authorities for property management, property sellers, buyers, organs of the Procurator's Office of the Russian Federation may justiciability Sue (initiate) avoidance of privatization of State or municipal property, applying liability measures, recognition of these transactions, the application of the consequences of the invalidity of a void transaction, to eliminate violations of the legislation of the Russian Federation on privatization and to prosecute the perpetrators.
2. The basis for the recognition of privatization deals of State or municipal property is invalid: violation of the provisions of this federal law, other laws and regulations spell out the procedure for the privatization of State or municipal property;
the acquisition of State or municipal property of a person not authorized to do so;
the use of privatization of State or municipal property by illegal means of payment;
the existence of collusion between the seller and the buyer of the property, including underestimating the price of such property;
providing the buyer benefits and advantages over other buyers;
other basis provided for by the legislation of the Russian Federation.
3. Contracts for the sale of State or municipal property, containing his valuation void from the moment of their detention and shall not entail the legal consequences.
4. disputes about the recognition of privatization deals of State or municipal property are considered invalid in a Court of arbitration in the manner and within the time limit envisaged by the procedural laws of the Russian Federation.
5. Privatization of State or municipal property in ways other than the ways established by this federal law, shall not be permitted, and the corresponding transaction privatization of State or municipal property void from the moment of their detention and shall not entail the legal consequences.
T s t b I 30. Responsibility for violation of legislation of the Russian Federation on privatization of 1. For violation of this federal law and other federal laws and in compliance with other regulatory legal acts of the Russian Federation on privatization of natural and legal persons are liable in the cases and pursuant to procedure provided for civil, administrative and criminal legislation of the Russian Federation.
Losses incurred as a result of illegal actions in connection with violation of legislation of the Russian Federation on privatization shall be compensated in the manner prescribed by the civil legislation of the Russian Federation.
2. the relevant bodies on management of property and the right to property dealers on matters within their competence, respectively, by the legislation of the Russian Federation, the laws of the constituent entities of the Russian Federation, decisions of the representative bodies of local self-government: to speak in court, Arbitration Court on behalf of the Russian Federation, constituent entities of the Russian Federation or municipalities;
send materials to the Prosecutor's Office to deal with issues about criminal cases.
Appropriate authorities for property management, property sellers are exempt from payment of the State fee by contacting the Court, the Court of arbitration on matters within their competence.
T s t b I am 31. Method of entry into force of this federal law 1. All obligations arising under contracts of sale of State or municipal property, pending the entry into force of this federal law, shall be subject to recovery in the registered sellers of property in the manner prescribed by the legislation of the Russian Federation, within twelve months from the date of entry into force of this federal law.
2. privatization of State or municipal property, concluded before the date of entry into force of this federal law and does not include the valuation of the assets, the void from the moment of their detention and shall not entail the legal consequences.

3. In connection with the adoption of this federal law recognizes that all "golden shares" created during privatisation of public companies are under article 5 hereof by the special law of the Russian Federation, constituent entities of the Russian Federation or municipal entities to participate in the governance of listed companies ("Golden action").
4. the normative legal acts of the President of the Russian Federation and the normative legal acts of the Government of the Russian Federation on matters which under this federal law shall be regulated by other federal laws, remain in effect until the enactment of the relevant federal laws in part not contradicting to the legislation of the Russian Federation.
5. In connection with the adoption of this federal law shall be recognized as invalid: the Russian Federation law "on privatization of State and municipal enterprises in the Russian Federation (RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 27, p. 927);
Russian Federation law "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 "(records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 28, art. 1614);
Article 17 of the law of the Russian Federation "about entry of changes and additions in the Civil Code of the RSFSR, the code of civil procedure of the RSFSR, the regulations of the Supreme Soviet of the RSFSR, the laws of CRIMINAL PROCEDURE of the RSFSR" on Jewish Autonomous Oblast "," on elections of people's deputies of the RSFSR "on additional powers of local councils of people's deputies in the conditions of transition to market relations", "peasant (farmer) economy", "land reform", "on banks and banking activities in the RSFSR", "on the Central Bank of the RSFSR (Bank of Russia)" "On the property in the RSFSR", "on enterprises and entrepreneurship", "on the State tax service of the RSFSR" on competition and limitation of monopolistic activity in commodity markets, "to give priority to ensuring the agro-industrial complex logistical resources", "on local self-government in the RSFSR", "on privatization of State and municipal enterprises in the Russian Soviet Federative Socialist Republic", "about the fundamentals of fiscal devices and the budget process in the RSFSR", "on State duty"; The laws of the Russian Federation "on the provincial, Regional Council of people's deputies and regional, oblast administration, the commodity exchanges and exchange trade" (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 34, item 1966);
paragraph 1 of article 1 of the Federal Act "on amendments and additions to certain legislative acts of the Russian Federation in connection with adoption of the Federal law" on introducing amendments and addenda to the RSFSR Law on competition and limitation of monopolistic activity on commodity markets "(collection of laws of the Russian Federation, 1997, N 12, art. 12, art. 1381). 6. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
7. this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 123 July 21, 1997-FZ