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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Overtaken by Federal Law { \cs6\f1\cf6\lang1024 } N 178-FZ RUSSIAN FEDERATION FEDERAL LAW About Privatization of State Property and the basics of Privatization of Municipal Property in the Russian Federation Adopted by the State Duma on June 24, 1997 Approved by the Federation Council on 3 July 1997 (In the wording of federal laws from 23.06.99 g N 116-FZ; of 05.08.2000 N 109-FZ) This federal law establishes the organizational and legal basis for transforming property relations in the Russian Federation through the privatization of state and municipal property in order to improve the efficiency of the economy, as well as its social orientation, to improve the balance of payments of the Russian Federation, to implement protectionism in relation to Russian producers. Chapter I. General provisions C I am 1. The notion of privatizing State and municipal property For the purposes of this Federal Act, the privatization of State and municipal property is understood to be the transfer of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION C, I am 2. Russian legislation on the privatization of state and municipal property Russian legislation on privatization of state and municipal privatization The property consists of this Federal Law, other federal laws and the other normative legal acts of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation. C but I am 3. The limitation of the scope of this Federal Law Effect of this Federal Act does not apply to: Privatization of property of the Russian Federation, of the constituent entities of the Russian Federation, or municipal entities in joint ownership with natural and legal persons; restitution of property rights of owners, their heirs and successors to property that was nationalized, confiscated or otherwise seized against the will of the persons concerned State or municipal property; land privatization; privatization of natural resources; privatization of public and municipal housing; privatization of state and municipal property located outside the territory of the Russian Federation; privatization of social and cultural facilities, as well as objects of historical and cultural heritage heritage and natural objects; relations, arising from the disposal by State and municipal unitary enterprises and institutions of property that are assigned to them for economic management or operational management; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Other federal laws regulate the alienation of State and municipal property referred to in this article, including land plots constituting a single property complex with privatization objects. C t I am 4. The State Privatization Programme of the State Property in the Russian Federation 1. Priorities for the privatization of state property in the Russian Federation, restrictions on its conduct, the procedure for the alienation of public property to the property of individuals and legal entities, as well as the foundations of privatization In the Russian Federation, the State Programme for the Privatization of State Property in the Russian Federation (hereinafter referred to as the privatization programme) shall be established in the Russian Federation. The Government of the Russian Federation annually submits to the State Duma of the Federal Assembly of the Russian Federation a draft federal law on the federal budget for the corresponding year. The introduction of amendments and additions to the privatization programme. " The Russian Government submits to the Federal Assembly of the Russian Federation an annual report on the implementation of the privatisation programme over the past year. 2. The privatization program includes: the forecast of privatization of state property in the relevant sectors of the Russian economy; Privatization of State property; forecast increase in domestic and foreign investments in the Russian economy due to the privatization of state property; requirements for privatization programmes THE RUSSIAN FEDERATION This Federal Law of the Privatization of State Property and the Ways of Privatization of State Property and the Decision on the Privatization of State Property and the Decision on Privatization of State Property Privatization of open joint-stock companies, respectively, in State and municipal ownership, as well as the procedure for deciding on the use of open joint-stock companies established in the process of privatization of open joint-stock companies, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Municipal entities in the management of open joint-stock companies ("golden share"); procedure for valuing the privatized state property; definition of benefits to employees of state and municipal employees Unitary enterprises transformed into open joint-stock companies and the procedure for granting such benefits; rules and regulations for the distribution of cash received as a result of the privatization of federal property. 3. State property is classified in the privatization programme as follows: property whose privatization is prohibited; termination of its establishment; property, which is privatized with the prohibition of participation in its privatization of foreign natural and legal persons, as well as of the residents of the Russian Federation, having as founders (a) The Convention on the Rights of the Property, which is privatized by decision of the Government of the Russian Federation; property, which is privatized by decision of the federal executive The power to administer and dispose of State property (hereinafter referred to as the federal authority for the administration of public property), in consultation with the federal executive authorities the authority to coordinate and regulate activities in the Relevant branches of the economy (hereinafter referred to as the federal authorities). The privatization program contains a forecast list of state unitary enterprises that are to be transformed into open joint stock companies, as well as the forecast list of open joint-stock companies, whose shares are located In the federal property, it is intended to sell, justify the choice of these enterprises and open joint-stock companies, the intended ways and the timing of their privatization, the supposed restrictions on their privatization, the size of the companies to be sold shares of open joint-stock companies and forecast of the initial price of these stock packages. The lists included State unitary enterprises and open joint-stock companies with a book value of more than five million established federal laws as at the date of incorporation into the privatization programme The minimum wage. The lists also include open joint-stock companies established in the process of privatization and manufacturing (goods, services) of strategic importance for the national security of the State. Sale of non-listed shares of open joint-stock companies established in the privatization process and producing goods (goods, services) of strategic importance for the national security of the State, not is allowed. The forecast lists, inter alia, include: Open joint-stock companies, on the sale of shares of which the Government of the Russian Federation decided to consolidate such shares in federal property or both The use of the special right to the participation of the Russian Federation in the management of the said open joint-stock companies ("golden share"); open joint-stock companies, in respect of the shares of which are in federal ownership; The following year, it is proposed to decide to end their consolidation with of the Russian Federation in the management of the said public joint-stock companies. joint-stock companies ("golden share"); open joint-stock companies whose shares in federal ownership are to be transferred as a contribution of the Russian Federation to the charter capital of economic societies; open joint-stock companies whose shares are located in Federal property may be alienating the holders of public securities that establish the right to acquire such shares. The privatisation program contains data on state unitary enterprises, privatization of which can be carried out through the transfer of state property to the employees of these enterprises with the right to buy it in accordance with article 20, paragraph 8, of this Federal Act. The privatisation programme may contain lists of State property in which certain categories of citizens of the Russian Federation are entitled to benefit from privatization. 4. Restrictions imposed by the Russian Federation's legislation on privatization of certain types of State property remain in force in all subsequent transactions with the said property. 5. Federal laws and 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 decisions of local self-government bodies, cannot contradict the law. of this Federal Law and the Privatization Programme. C but I am 5. The powers of the Russian Federation, the constituent entities of the Russian Federation, or the municipalities of the separate public joint-stock companies 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, local authorities, when transforming State and municipal unitary enterprises into open joint stock companies or making decisions on the sale of publicly owned or publicly owned shares joint-stock companies may decide to use in of the Russian Federation, the constituent entities of the Russian Federation and municipal entities in the management of the said public joint-stock companies (hereinafter referred to as "public joint-stock companies") Right ("golden share"). The Government of the Russian Federation, the bodies of State power of the constituent entities of the Russian Federation or the local self-government bodies that have taken the decision to use special law ("golden share") are appointed respectively Representatives of the Russian Federation, constituent entities of the Russian Federation, municipal entities to the board of directors (a supervisory board) and an audit commission of an open joint stock company. The Open Joint Stock Company, in respect of which the decision on the use of special law ("golden share"), is required to notify the Shareholders ' Shareholders Meeting and the proposed agenda of representatives OF THE PRESIDENT OF THE RUSSIAN FEDERATION Representatives of the Russian Federation, the constituent entities of the Russian Federation and municipal entities have the right to submit proposals to the annual general meeting of shareholders and to call for the holding of an extraordinary general meeting of shareholders. Representatives of the Russian Federation, constituent entities of the Russian Federation, municipal entities have the right to participate in the general meeting of shareholders, and also have the right of veto when a general meeting of shareholders is adopted: o Amendment and additions to the statute of an open joint stock company or the adoption of the charter of an open joint stock company; on the reorganization of an open joint-stock company; on the elimination of the public Joint Stock Company, Purpose of the Liquidation Commission and Approval intermediate and final liquidation balances; on the change of the authorized capital of an open joint-stock company; on the conclusion of the Chapters X and XI of the Federal Law " About joint-stock companies" large transactions and open joint-stock companies with interest. Representatives of the Russian Federation, the constituent entities of the Russian Federation and municipalities have the right of access to all documents of an open joint stock company and are responsible for the disclosure of official and commercial secrets. Representatives of the Russian Federation, the constituent entities of the Russian Federation, and municipal entities have the right to receive information on the name (s) of the registered in the register of the securities of the public joint stock company. specified register of securities owners, number, category (type) and nominal value of their securities. Representatives of the Russian Federation, constituent entities of the Russian Federation, and municipal entities are entitled to file a lawsuit against a member of the board of directors (supervisory board) of an open joint stock company, the sole executive an entity of an open joint stock company (director, general director), a member of the collegiate executive body of an open joint stock company (board, management), as well as the administering organization (s) for compensation in accordance with Article 71 (2) of the Federal Law "About joint-stock companies" damages. Representatives of the Russian Federation, constituent entities of the Russian Federation and municipal entities are members of the board of directors (supervisory board) of an open joint stock company. The seats of the representatives of the Russian Federation, the constituent entities of the Russian Federation and municipal entities on the board of directors (supervisory board) are not taken into account in the election of the members of the board of directors (supervisory board). Representatives of the Russian Federation, the constituent entities of the Russian Federation and municipal entities-members of the board of directors (supervisory board)-have rights and obligations under the laws of the Russian Federation. 2. Decisions on termination of special right ("gold action") are taken by the Government of the Russian Federation, bodies of state power of the constituent entities of the Russian Federation or local self-government bodies that have decided to use special law ("golden share"). A special right ("golden share") is valid until a decision is made to terminate it. 3. The holding of shares in public or municipal ownership of shares of an open joint-stock company and the use of its special right ("golden share") is not permitted. 4. The special right ("golden share") is not to be replaced by the shares of an open joint-stock company against whom a decision has been made to use the said right. 5. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation. C t I am 6. Representing the interests of the Russian Federation, the constituent entities of the Russian Federation or municipal entities in open joint-stock companies whose shares are fixed in the state or municipal property 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, local authorities, when transforming State and municipal unitary enterprises into open joint stock companies or making decisions on the sale of publicly owned or publicly owned shares joint-stock companies may decide on the consolidation of shares Open joint-stock companies in state or municipal ownership. When holding public or municipal ownership 100 percent of the shares of an open joint-stock company, the authority of the supreme organ of the society-the general meeting of the shareholders is exercised on behalf of the shareholders. The corresponding owner of the shares is the authority for the management of state (municipal) property. Formation of the position of the Russian Federation as a shareholder is carried out by the federal executive authorities, determined by the Government of the Russian Federation, or otherwise established by them. The decisions taken by the supreme body of the public joint-stock company shall be issued by a protocol to be stored in accordance with article 89 of the Federal Law on Joint Stock Companies. The procedures prescribed by the Federal Act for the preparation and holding of a general meeting of shareholders are not applicable. (Paragraph is amended by the Federal Act of 23 June 1999 N 116-FZ) Members of the board of directors (supervisory board) of an open joint stock company are appointed for one year by the appropriate public (municipal) property management body, which the right to terminate the powers of any member (all members) of the board of directors (supervisory board) ahead of schedule. The formation of the executive organs of an open joint stock company and the early termination of their powers shall be carried out by decision of the authority for the management of state (municipal) property, which implements the competence of the supreme organ of government. society, if the society's charter does not fall within the competence of the board of directors (supervisory board) of an open joint stock company. N 116-FZ) General Shareholders ' Meeting is convened, held and takes decisions on the rules of the Federal Law "On joint-stock companies", from the moment of the alienation of two or more percent of the company's shares of the total number of shares (100%) previously fixed in state or municipal property. (The paragraph is supplemented by the Federal Law of 23 June 1999). N 116-FZ) 2. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Shareholders ' meetings, nominate candidates for the board of directors (the supervisory board), the audit commission, and the executive bodies of an open joint-stock company, if its charter is a matter for the general assembly, and appoint representatives to vote at general meetings of the shareholders by the Russian Federation, the constituent entities of the Russian Federation and the municipalities respectively. If the credentials of representatives do not specify the number of votes for the nominated candidate, the election of the board of directors (the supervisory board) and the audit commission of the open shareholder OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, municipal education in the board of directors (a supervisory board) and an audit commission of an open joint stock company. (...) (...) N 116-FZ) 3. Persons elected to the board of directors (supervisory board) of an open joint stock company from among the candidates nominated by the competent authorities of the Russian Federation, the constituent entities of the Russian Federation and the municipal authorities The Russian Federation, the constituent entities of the Russian Federation and municipal entities represent the interests of the Russian Federation, the constituent entities of the Russian Federation and the constituent entities of the Russian Federation. Representatives of the interests of the Russian Federation, the constituent entity of the Russian Federation, and municipal education in the board of directors (supervisory board) of an open joint-stock company shall agree in writing in the form of OF THE PRESIDENT OF THE RUSSIAN FEDERATION of society, including personnel The executive bodies of the society (if the matter is subsumed by the statute to be the competence of the board of directors (supervisory board)). Representatives of the interests of the Russian Federation, the constituent entities of the Russian Federation and municipal entities on the board of directors (supervisory board) of an open joint stock company that are State or municipal employees, may not be paid in monetary or other form, and the costs of exercising their functions shall be borne by those societies and others. The Government of the Russian Federation, its authorized federal executive authorities, the State authorities of the constituent entities of the Russian Federation, and local authorities are entitled to replace the member at any time. A board of directors (a supervisory board) elected from among the candidates nominated and representing the relevant State or municipal interests. Unanimate executive body of an open joint stock company, more than 25% of which is fixed in state or municipal property, is not entitled to make transactions on alienation of shares made in the charter capital Societies, as well as transactions involving the possibility of alienation or transfer of them to trust, without the written consent of the State Property Management Authority, which was in the process of forming the charter capital of that society. The deal, done without such written consent, is null and void. The legal provisions of open joint-stock companies established in the privatization of State or municipal enterprises, which are provided for in this paragraph, shall apply to the public until the end of the privatization period or until the end of the privatization period. when the number of shares owned by the State or municipal education is no more than 25 per cent of the total. (Paragraph 3 of the federal law of 24.06.99 N 116-FZ C t I am 7. Federal Agency for Management State Property 1. The Federal State Property Management Body shall be determined by the President of the Russian Federation on the submission of the President of the Government of the Russian Federation. The Head of the Federal State Property Management Authority is a member of the Government of the Russian Federation and the Minister of the Russian Federation. The Head of the Federal State Property Management Authority may be the Deputy Chairman of the Government of the Russian Federation in the expansion of its functions. In the constituent entities of the Russian Federation, the Federal State Property Management Authority shall establish its own territorial bodies and establish their powers. 2. In order to implement a unified state policy for the privatization of state property, the Federal State Property Management Authority: coordinates the activities of the relevant federal agencies in the field of public property. The administration and administration of federal property; shall develop and issue, within its competence, the provisions of this Federal Law, the Privatization Programme, and other federal laws and regulations, Regulates the privatization of State property, Monitoring the implementation of these normative legal acts, introducing amendments and additions to them, as well as providing explanations on the application of the Russian Federation's privatization legislation; together with the relevant regulations. The federal authorities submit a draft privatization programme to the Government of the Russian Federation; organizes and controls the implementation of the privatization programme; Supervision of the privatization of federal property; , in accordance with its competence, decides on the privatization of federal property and transfers the objects of privatization to a specialized agency, to which the Government of the Russian Federation has been given the authority to organize and the sale of federal property (hereafter referred to as a specialized agency), for sale in the manner prescribed by this Federal Law; shall be exercised in accordance with the procedure established by this Federal Act. federal laws, the transformation of State unitary Open joint-stock companies; , on behalf of the Russian Federation, is the founder of open joint-stock companies created during the privatization process; , on behalf of the Russian Federation, exercises shareholder rights (participant) of economic societies, shares (shares in the authorized capital) of which are in federal ownership; creates commissions for the privatization of federal property; will organize in accordance with the procedure established by the Government OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The Federal State Property Management Authority is not entitled to delegate its powers as defined by this Federal Act to other federal authorities, as well as to natural and legal persons. 4. The Federal State Property Management Body, together with the State authorities of the constituent entities of the Russian Federation and the local authorities, is preparing proposals on the division of federal property, the State The property of the constituent entities of the Russian Federation and municipal ownership. Decisions on the delimitation of state property are taken in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts THE RUSSIAN FEDERATION C but I am 8. The State Property Management Bodies of the constituent entities of the Russian Federation 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The State Property Management Authorities of the constituent entities of the Russian Federation may be vested with the powers of the territorial bodies of the federal authority for the management of State property. In this case, the State administration bodies of the constituent entities of the Russian Federation carry out their activities in the administration and management of federal property in accordance with the provision on the administration of the State administration. The property of the constituent entity of the Russian Federation, which is vested with the powers of the territorial body of the federal authority for the management of State property. The said provision defines the rights and obligations of the State Property Management Body of the Russian Federation, which is vested with the powers of the territorial organ of the federal authority for the administration of the State. Property. This provision is approved by the Government of the Russian Federation. 2. The State Property Management Bodies of the constituent entities of the Russian Federation have the right, on behalf of the Federal State Property Management Authority, to exercise certain powers to privatize federal property. The State Property Management Authorities of the constituent entities of the Russian Federation are entitled to send representatives to the federal property management body of the commission for the privatization of federal entities. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In accordance with the statutes of municipalities, municipal property management bodies may be established by decision of representative bodies of local self-government. C t I am 9. Buyers of state and municipal property assets 1. In the privatization of state and municipal property, state and municipal unitary enterprises, executed enterprises, state and municipal institutions, as well as other legal entities in whose charter capital the share The Russian Federation, the constituent entities of the Russian Federation and municipalities exceed 25 per cent (purchasers), and cannot be purchasers of such property. 2. The obligation to prove its right to acquire State and municipal property is vested in 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 buy it, the privatization of state or municipal property is recognized OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The list of documents submitted by the buyers and the manner in which they are presented shall be determined by the Government of the Russian Federation. It is mandatory for legal persons to present their approved statutory documents and balance sheets for the last three years of operation, as well as to the tax inspection reports. The tax inspection reports are presented by the buyers-legal entities in the case of purchase and sale transactions in the amount of more than ten thousand statutory minimum wage levels and buyers-individuals in In the case of the commission of purchase and sale transactions for the sum of more than two thousand minimum wages established by the federal law. C t I am 10. Federal property sellers 1. The sale of federal property is carried out by a specialized agency and its designated representatives (hereinafter referred to as the sellers of federal property). 2. The specialized agency, in accordance with the legislation of the Russian Federation, is a legal entity and has separate property assigned to it under operational control. The specialized agency may establish branches in the constituent entities of the Russian Federation. The activities of a specialized agency and its offices for the sale of privatization objects are not taxed. 3. The specialized agency, within the limits of its competence, performs the following functions: , on behalf of the Russian Federation, owns the State Property Management or Management Authority delegated to it by the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION , on behalf of the Russian Federation, sells the transferred It is a federal body for the management of State property or its territorial bodies; is acting on behalf of the Government of the Russian Federation as the founder of economic societies; leads the statistical and accounting records of the cash flows resulting from the privatization of federal property; leads in accordance with the laws of the Russian Federation, the accounting of those The privatization of shares (shares in the authorized capital) of economic societies, of the Russian Federation, as well as the obligations of buyers defined by contracts for the sale of federal property; receives and transfers cash received as a result of the privatization of federal property; in accordance with the regulations established by the privatization programme; implements measures to ensure the transfer of dividends and other income on shares (shares in the authorized capital) of economic societies in which the specialized The Russian Federation, on behalf of the Russian Federation, is exercising its powers The shareholders (participant); , on behalf of the Russian Federation, issue public securities certifying the right to purchase publicly owned shares in open joint-stock companies established in the process Privatization. 4. The shares of the public joint-stock companies created in the process of privatization, owned by a specialized agency, are entitled to vote at the general shareholders ' meeting. (In the wording of Federal Law No. N 109-FZ 5. The procedure for the activities of the representatives designated by the specialized agency shall be established in accordance with the Civil Code of the Russian Federation, other federal laws and prisoners in accordance with the plans for privatization of treaties between the Republic of the Russian Federation and the Republic of Poland. by a specialized agency and such representatives. The mandatory condition of the said contracts is the obligation of representatives to sell privatizations on the terms and conditions approved by the said contracts and at a price that should not be lower than the established initial The price. The selection of representatives shall be on a competitive basis. The activities of the representatives are financed by the proceeds from the sale of federal property. C t I am 11. State Property Sellers Russian Federation and sellers municipal property 1. The sale of state property of the constituent entities of the Russian Federation may be carried out by legal entities, who have been given the authority to organize and implement, in accordance with the procedure laid down by the State authorities of the constituent entities of the Russian Federation. Sale of such property (hereinafter referred to as the seller of State property of the constituent entities of the Russian Federation). The procedure for the activities of state property sellers of the Russian Federation shall be established in accordance with the Civil Code of the Russian Federation, other federal laws, as well as by laws and other regulatory bodies. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Local governments independently appoint municipal property vendors. C t I am 12. Privatization payments State and municipal property 1. In the privatization of state and municipal property, the currency (currency) of the Russian Federation is recognized as the legal means of payment. 2. In the cases and in the manner prescribed by the federal law, the Russian Federation's special debt obligations may be recognized as a means of payment in the privatization of state and municipal property. C t I am 13. Distribution of money received as a result of privatization of state and municipal property 1. The money received as a result of privatization of state property is allocated in the order and in accordance with the standards set by the privatization programme and the privatization programmes of the Russian regions. The Federation is not subject to taxation. The funds received as a result of the privatization of state or municipal property shall be transferred to the federal budget, budgets of the constituent entities of the Russian Federation, local budgets and mandatory payments, respectively. 2. The funds received as a result of the privatization of municipal property are allocated in accordance with the decisions of the representative bodies of local self-government. 3. The funds received as a result of the privatization of state and municipal property from the first to the fifteenth of each month are to be transferred to the federal budget, the budgets of the constituent entities of the Russian Federation and the local authorities, respectively. The budget is not later than the twenty-fifth day of the month. The funds received as a result of the privatization of state and municipal property from the sixteenth to the thirty-first day of each month are to be transferred to the federal budget, the budgets of the constituent entities of the Russian Federation The Federation, local budgets are not later than the tenth of the month following the corresponding month. 4. In the event of the late transfer of funds from the privatization of State property, the federal executive, whose competence is to coordinate and regulate the collection of taxes, Its territorial bodies and relevant State authorities of the constituent entities of the Russian Federation have the right to write off in an undisputed manner the said funds from the accounts of the sellers of federal property and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. For the late transfer of funds received as a result of privatization of state and municipal property, respectively, the federal budget, the budgets of the constituent entities of the Russian Federation, and local budgets Property, state property sellers of the constituent entities of the Russian Federation and sellers of municipal property (sellers of property) pay penalties for each day of delay in the amount of one three hundredth per cent interest rate of the Russian Federation sellers of the property in front of their respective budgets. Chapter II: The procedure and manner of privatizing state and municipal property C, I am 14. The initiative to privatize State and municipal property 1. The initiative to privatize state and municipal property may come from the Government of the Russian Federation, the Federal State Property Management Body, the relevant federal agencies, and the federal authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Applications for the privatization of state property are submitted to the federal authority for the management of state property, its territorial bodies and the State property management bodies of the constituent entities of the Russian Federation (hereinafter referred to as "the State Property Management Committee"). (a) Assets management. The application form shall be established by a federal body for the management of State property. C t I am 15. The procedure for taking decisions on privatization of state property 1. Applications for the privatization of State property shall be recorded by the respective property management authorities on the day they are submitted. 2. If, in accordance with the privatization program, privatization programs of the constituent entities of the Russian Federation can be privatized by the decision of the Government of the Russian Federation, the government authorities, OF THE PRESIDENT OF THE RUSSIAN FEDERATION the appropriateness of its privatization, the proposed method and The period of privatization of such an object, the justification for the need to consolidate the shares of an open joint-stock company in federal property, state property of the constituent entities of the Russian Federation or the use of special law ("gold") (...) (...) 3. If, in accordance with the privatization program, the privatisation facility can be privatized by decision of the federal authority for the management of state property, agreed with the relevant federal authorities, the privatization decision The object is taken by the Federal State Property Management Authority within three months from the date of registration of the application for the privatization of state property. The procedure for consideration by the federal authority for the management of state property for the privatization of state property and the approval of a decision on its privatization with the relevant federal authorities The Government of the Russian Federation. 4. If, in accordance with the privatization program, privatization programs of the constituent entities of the Russian Federation can be privatized without the decision of the Government of the Russian Federation, the state authorities of the entities The Russian Federation or the Federal Authority for State Property Management, the decision to privatize such facility or the refusal to privatize it, shall be taken by the appropriate property management bodies within one month from the date of registration Applications for the privatization of State property. The decision to privatize such an object or not to privatize it shall be submitted to the applicant in writing within three days of the date of the decision. 5. The decision to privatize the state property referred to in paragraphs 2 and 3 of this article shall be taken by the Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation, or the federal authority for the administration of the State. "In view of the importance of the privatization facility for ensuring the country's defense and security of the state, taking into account the economic interests of the Russian Federation, the entities of the Russian Federation, the sectoral features of the privatization facility, and the decisions of the Russian Federation," the document states. open joint-stock State Unitary Enterprise, the Federal Antimonopoly Authority, the relevant federal authorities, and the opinions of the State authorities of the constituent entities of the Russian Federation and local authorities, if any Enterprises have a grandeo character or have a significant impact on the economic and social situation of the Territory. 6. The Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation, the relevant authorities in the processing of applications for the privatization of state property may decide to refuse Privatization of State property or its privatization. 7. A refusal to privatize State property is possible in the case of: for the privatization of State property, including if the property is withdrawn from civil circulation or restricted in civilian circulation, The ban; , the property specified in the application for the privatization of State property is not applicable to State property; the property specified in the application for the privatization of state property is subject to Exclusion under other federal laws. In the event of a decision not to privatize State property, the applicant shall be informed in writing of the reasons for such decision. 8. In case of the decision on privatization of state property, respectively, the Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation may decide to consolidate the shares of an open joint stock company, OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with the privatization program, the privatization programs of the constituent entities of the Russian Federation, the Government of the constituent entities of the Russian Federation may decide on Privatization of State property through the use of special law ("golden share"). 9. In the case of a decision on the privatization of state property, the relevant property management bodies establish a commission for privatization and set a timetable for the preparation of the privatization plan, which may not exceed six months from the day Adoption of a decision on the privatization of such property. The timeline for the preparation of the privatization plan may be extended by a decision of the respective property management bodies for a period of not more than one year. 10. The commission for privatization consists of representatives of the relevant bodies for the management of property, financial bodies, relevant federal bodies, State authorities of the constituent entities of the Russian Federation, if necessary. Representatives of the respective territorial bodies of the Federal Antimonopoly Authority and other persons under this Federal Act. The Privatization Commission is entitled to involve experts as well as audit, advisory, evaluation and other organizations. 11. The privatization plan defines the way of sale of the privatisation, the terms and conditions of its sale, as well as the initial price of the privatization facility. The privatization plan is approved by the appropriate property management authorities. The Government of the Russian Federation approves the model of the privatization plan. C t I am 16. Methods of privatization of state and municipal property 1. The privatization of state and municipal property uses the following privatization methods: sale of state or municipal property at an auction, including the sale of shares created in the privatization process Open joint-stock companies at a specialized auction; sale of state or municipal property at a commercial competition with investment and/or social conditions; sale of shares of created in the process Privatization of open joint-stock companies to their employees; State or municipal ownership of public and municipal property; and conversion of public and municipal unitary enterprises to public, 100 per cent of public or municipal equities municipal property; State or municipal property as a contribution to the charter capital of economic societies; alienation of publicly owned or municipal equities established in the process of privatization of open joint-stock companies Owners of public or municipal securities certifying the right to acquire such shares. 2. Sale of the enterprise as a property complex or shares of open joint-stock company created in the process of privatization, which account for more than 50 per cent of the authorized capital of the said society, is carried out exclusively at commercial level. A competition with the investment and/or social conditions in accordance with article 21 of this Federal Law. 3. Sale (transfer) to creditors of the ownership of state or municipal property by crediting the domestic and foreign debt liabilities of the Russian Federation, the constituent entities of the Russian Federation or municipal entities, and the exchange of property State or municipal property for other property (money, goods and services) shall not be permitted, except as provided for in article 24 of this Federal Act. 4. In determining the mode of privatization of state or municipal property, the commission for privatization takes into account: proposals contained in applications for privatization of state or municipal property submitted in Relevant property management bodies; sectoral features of privatization objects and their social and economic significance for the Territory; market value of privatization objects. 5. The decision to choose the method of privatization of state property shall be decided by the Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation and the corresponding property management bodies in the order, under article 15 of this Federal Act. C but I am 17. The ordering of the initial price privatisation objects 1. The procedure for determining the initial price of privatizations is established by the privatization programme. 2. Property sellers have the right, taking into account the current market conditions, to make decisions on changing the initial price of privatization objects. The initial price of privatizations may not be reduced by the vendors by more than 10 per cent without agreement with the appropriate property management authorities that approved plans for the privatization of these facilities. C but I am 18. Information on privatization State and municipal property 1. Information on the privatization of State and municipal property should be published by the vendors in official newsletters and other media at least 45 days before the date of sale of the equipment. In the case of the privatization of municipal property, the local authorities may set a shorter time limit for the publication of such information, which may not be less than one month. 2. The Government of the Russian Federation sets out the list of information to be published in the form of an information message when selling the objects of privatization. 3. When the shares of an open joint-stock company created during the privatization process are sold, the following information is required to be included in the information message: Land area where the immovable property is located such a society; characteristics of the immovable property of such a society and the existence of a burden; set limits on the resale of the shares of such a society; the obligations of such a society, including before of the Russian Federation Local budgets, public extrabudgetary funds; balance sheet of such a society; basic nomenclature of products (works, services) of such a society; number of employees of such a society; The conditions for the sale of shares in such a society; restrictions on the participation of non-residents of the Russian Federation, as well as of the residents of the Russian Federation, having as founders (participants) and affiliated persons of foreign physical and legal persons; details. According to the submission of the Federal Antimonopoly Authority and its territorial bodies, the information message includes information on the share of products (works, services) of the open joint-stock company, which dominates The situation on the respective commodity market. With the other information about an open joint-stock company, customers have the right to familiarize themselves with the location specified in the information message. The form of providing additional information about an open joint-stock company and its list establishes a federal body for the management of public property. 4. Information on the results of transactions of privatization of state or municipal property is to be published within one month from the date of the said transactions. The Government of the Russian Federation determines the procedure for publishing information on the results of privatization of state property transactions. C I am 19. The procedure for paying the state and municipal property when it is privatized 1. Payment by purchasers of State property may be made in a lump sum or in instalments. The procedure for granting installments in the payment of state property shall be established by the privatization programme and the privatization programmes of the constituent entities of the Russian Federation. 2. Local governments shall establish the procedure for payment of municipal property when it is privatized. C t I am 20. Transformation of state and municipal unitary enterprises into open joint-stock companies, 100% of the shares of which are in state or municipal property 1. State and municipal unitary enterprises can be transformed into open joint-stock companies, 100 per cent of which are in State or municipal ownership. 2. The preparation of State and municipal unitary enterprises to transform into open joint-stock companies, 100 per cent of which are in State or municipal ownership, is to inventory the property of the said enterprises and conduct of auditing of financial and economic activities of state unitary enterprises, the carrying value of the fixed assets of which on the day of making decisions on their conversion to open joint stock companies exceeds 5 million minimum statutory minimum The amount of remuneration is as well as in the case of reorganization of State and municipal unitary enterprises, including the allocation of their units as legal entities. 3. In the transformation of public and municipal unitary enterprises into open joint-stock companies, 100 per cent of which are in State or municipal ownership, the relevant property management bodies shall establish A privatization commission and a timetable for the preparation of the privatization plan. The deadline could not exceed six months from the date of application for the privatization of State property. The timeline for the preparation of the privatization plan may be extended by a decision of the respective property management bodies for a period of not more than one year. The Privatization Commission is obliged to consider the draft privatization plan prepared by representatives of employees of state or municipal unitary enterprise. 4. The commission for privatization includes representatives of the relevant bodies for the management of property, financial bodies, relevant federal bodies, State authorities of the constituent entities of the Russian Federation. In the transformation of a state unitary enterprise into an open joint stock company, 100% of which is owned by the state property, the local government body at the location of the said enterprise, its employees, and The territorial body of the Federal Antimonopoly Authority has the right to send representatives to the commission. The Privatization Commission is entitled to involve experts as well as audit, advisory, evaluation and other organizations. 5. In terms of privatization, the method and timing of transformation of the state or municipal unitary enterprise into an open joint stock company, 100% of which is in state or municipal ownership, is determined The authorized capital of an open joint-stock company, the benefits provided to its employees, categories (types) of shares in open joint-stock company, the nominal value of the listed shares, the means and the date of their sale. 6. The Privatization Commission shall consider the privatization plan and send it to the general assembly of employees of a state or municipal unitary enterprise for approval. If the general meeting of employees of a state or municipal unitary enterprise within one month from the date of receipt of the privatization plan has not considered it, the privatization plan is considered as agreed. The privatization plan is approved by the appropriate property management bodies upon submission to the Privatization Commission. 7. In the event that a general meeting of employees of a State or municipal unitary enterprise did not agree on a privatization plan, the privatization commission is obliged to propose another version of the privatization plan. In the event that a general meeting of employees of a state or municipal unitary enterprise does not repeat the privatization plan, the decision on its approval shall be made by the Government of the Russian Federation and the State bodies, respectively. The authorities of the constituent entities of the Russian Federation, representative bodies of local self-government. 8. In the privatization of state and municipal property, the types of which are established by the privatization programme, the privatization programmes of the constituent entities of the Russian Federation and the decisions of representative bodies of local self-government, and The relevant decision of the general meeting of employees of the State or municipal unitary enterprise, the privatization of such property shall be carried out by means of a lease with the right of the employee to buy it in the market. Cost. The Government of the Russian Federation determines the procedure and conditions for privatization through the purchase of the property of the State unitary enterprise by its employees at market value. 9. The transformation into open joint-stock companies of State and municipal unitary enterprises, which are included in the State Register of Associations and Enterprises which dominate the commodity markets, shall be implemented by agreement with the Federal Anti-Monopoly Authority. 10. Upon completion of the work of the commission on privatization, the relevant property management bodies shall reorganize or liquidate the state or municipal unitary enterprise, establish an open joint stock company, approve Its statutes shall, in accordance with the established procedure, exercise the State registration of an open joint-stock company and form its governing bodies. 11. In the charter of an open joint stock company created by the transformation of a state or municipal unitary enterprise into an open joint stock company, 100% of which is in the state or municipal The requirements of the Federal Law "On joint-stock companies" and certain by this Federal Act are to be taken into account. 12. In the transformation of a state or municipal unitary enterprise into an open joint stock company, 100% of which is in state or municipal property, state or municipal unitary enterprise The enterprise from the day of its decision to transform it into an open joint stock company and until the moment of its state registration is not entitled without agreement with the relevant authorities to manage the property, to make transactions with movable property, value of which exceeds 10 per cent of the book value of assets State or municipal unitary enterprise on the date of approval of its last balance sheet. Committed by a State or municipal unitary enterprise for real estate transactions, as well as the dismissal of more than 10 per cent of the number of employees in the said enterprise for the six months preceding the date of adoption the decision to transform a State or municipal unitary enterprise into an open joint stock company, 100 per cent of which is in State or municipal ownership and up to the date of the State registration of such property society is not allowed. C t I am 21. Sale of state or municipal property in a commercial competition with investment and/or social conditions 1. State or municipal property is sold at a commercial competition with investment and/or social conditions (hereinafter referred to as the commercial competition) in the event that the purchaser needs to comply with certain conditions Investment and/or social conditions. The right to purchase a privatisation object belongs to the buyer, who offered the highest price for the specified object in the course of the commercial competition, provided that such a buyer fulfilled the investment and/or social contract conditions. The Government of the Russian Federation determines the procedure for conducting commercial tenders. 2. The right of ownership of state or municipal property, which is privatized at the commercial competition, will be transferred to the winner of such a contest after the execution of the investment and/or social conditions in relation to the subject of the privatization. The winner of the commercial competition may not be entitled to dispose of it or dispose of it in any other way before it is transferred to it. 3. In the event that the privatization object is an open joint stock company, the winner of the commercial competition prior to the transfer of the property to the said action shall vote on it at his discretion, except in the case of the public joint-stock company. of voting on the following issues: making changes and additions to the constituent documents of an open joint stock company; collateral, leasing, alienation of the property of an open joint stock company, if the value of such a property exceeds 10 per cent of the authorized capital of an open shareholder societies; collateral and alienation of immovable property of an open joint stock company; receiving a loan of more than 10 per cent of the value of the net assets of an open joint stock company; economic societies (partnerships); issue of securities not convertible into the shares of an open joint stock company; approval of annual report, balance sheet, profit accounts and loss of open shareholder society as well as its distribution of profit and loss. The winner of the commercial competition shall vote after such a vote has been agreed with the respective property management bodies in writing. The winner of the commercial competition is not entitled to vote for the reorganization or liquidation of an open joint stock company. Open Joint Stock Company, which is established in the process of privatization and for which investment and/or social conditions have not been completed, is not entitled to make decisions about the change of the authorized capital The issue of additional shares and other securities convertible into the stock. The procedure for the winner of the commercial competition of ownership and right to use the privatisation object, except if the object of privatisation is the shares of an open joint stock company, defines the Government of the Russian Federation. 4. In the sale of state or municipal property in a commercial competition, social conditions may be established if the privatization entity is the property complex or if the privatization is the object of the privatization Open Joint Stock Company, which make up more than 50% of its authorized capital. These social conditions may include the subject of a privatisation: retention of a certain number of jobs or creation of additional jobs; retraining or advanced training Employees; retention of the existing system of occupational safety and health; restriction on the modification of the profile of activities of social, cultural, public or transport services, or termination of their use; implementation Activities for the protection of the environment and health of citizens. These social conditions are exhaustive and are not subject to change. These social conditions of the commercial competition must have an economic justification, value terms, the terms of their execution and the order of confirmation by the winner of the commercial competition. The social conditions of the commercial competition are to be agreed with the relevant federal authorities, state authorities of the constituent entities of the Russian Federation, local authorities, as well as employees of the public A joint-stock company whose shares are the subject of privatization. 5. In the sale of state or municipal property in a commercial competition, investment conditions may provide for the privatization of the facility for the reconstruction of the facility, the acquisition of certain types of equipment, Modernation and expansion of production. The specified investment conditions of the commercial competition should have an economic justification, value terms, the terms of their execution and the order of confirmation by the winner of the commercial competition. The investment conditions of the commercial competition are to be agreed with the relevant federal bodies, state authorities of the constituent entities of the Russian Federation and local authorities. The obligation of the winner of the commercial competition to carry out established measures of tariff and non-tariff protection in relation to the sale of privatizations on the sale of privatizations may serve as an investment condition Russian producers, including the use of Russian raw materials, materials and semi-finished products in cases where their quality characteristics correspond to foreign analogues or exceed the characteristics of these analogues, or if the prices are of these materials, materials and semi-finished products correspond to the prices of foreign countries analogues or below such prices. The obligation of the winner of the commercial competition to repay the debt before the federal budget, the budgets of the constituent entities of the Russian Federation can also serve as an investment condition of the competition. Local budgets and State extrabudgetary funds. 6. The investment and/or social conditions of the commercial competition, the volumes, the order of fulfillment, the measures to control their execution, and the procedure for confirmation by the winner of the commercial competition of such conditions are set at the time of approval The relevant authorities of the Russian Federation, the local authorities and the state authorities of the constituent entities of the Russian Federation. All investment and social conditions of the commercial competition are implemented at the expense of funds made by the winner of the commercial competition on a grant and irrevocable basis in accordance with the prisoner with the corresponding The seller of the property by the contract of execution by the winner of the commercial competition of investment and/or social conditions. In the event that the subject of privatization is an open joint-stock company, the society in question, at the same time as the winner of the commercial competition for investment and/or social conditions, concludes with a corresponding agreement The contract for the use of investment funds. The conclusion of these treaties is binding on the winner of the commercial competition, as well as for an open joint stock company, the shares of which are the subject of privatization. Changes and additions to the investment and/or social conditions of the commercial competition and the obligations of its winner after the conclusion of the said contracts are not permitted. The Government of the Russian Federation sets out the modalities of the said treaties. 7. In case of failure, the winner of the commercial competition of investment and/or social conditions, as well as the improper implementation thereof, including the violation of the intermediate or final deadlines for the fulfillment of such conditions and the volume of their execution, the object The privatization, acquired by the winner of the commercial competition, shall be free of charge to the State and municipal ownership, and the authorities and persons referred to in article 29 (1) of this Federal Act are obliged to Legal action (s) to initiate avoidance actions The privatization of State or municipal property, compensation for damages and other consequences in accordance with the legislation of the Russian Federation and contracts for the sale of State or municipal property. 8. Investments in cash or in other forms carried out by the winner of the commercial competition for the performance of his investment and/or social conditions are not taxable. C and I am 22. Sale of state or municipal property at auction 1. State or municipal property is sold at the auction if its buyers are not required to comply with any conditions in respect of the objects of privatization. Ownership of the privatization site is transferred to the buyer who offered the highest price for such an object during the tender process. 2. The procedure for holding the auction, the conditions for the participation of the buyers, the procedure for determining the winners of the auction and the procedure for calculation of the acquired state or municipal property are governed by the regulation approved by the Government. of the Russian Federation. 3. The sale of shares of open joint-stock company created during the privatization process may be carried out at a specialized auction. The specialized auction is held in the form of open tendering, where the winners receive shares of an open joint stock company at a single price. The order of the specialized auction, the terms of participation of the buyers, the form of their applications for participation in a specialized auction, the order of the winners, as well as the procedure for calculation of the acquired shares of the public The joint-stock company shall be established by a provision approved by the Government of the Russian Federation. C and I am 23. Committing state or municipal property property as a contribution to the authorized capital of economic societies Committing state or municipal property as a contribution to the authorized capital OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION C but I am 24. Dissociation of publicly owned or municipal shares of public shares of joint-stock holders of securities, the right to purchase such shares 1. Decisions to issue securities certifying the right to purchase state or municipal ownership of shares of open joint-stock companies established in the process of privatization, respectively, of the Russian Federation The Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation and the local authorities, respectively, are host to the Russian Federation. Such decisions determine the procedure for the realization of this right by the owners of securities of the Russian Federation, constituent entities of the Russian Federation, municipal entities, the number of shares of open joint-stock companies, category (type). such acts, as well as the names of the publicly held joint stock companies. 2. The Government of the Russian Federation shall determine the procedure for holding competitions for the placement of securities and restrictions specified in paragraph 1 of this article. C and I am 25. Sale of shares of open joint-stock companies, created in the process of privatization, their employees 1. Open joint-stock companies established in the privatization process may be sold to employees of such societies. The federal law defines the procedure for the sale of shares of open joint-stock companies established in the privatization process. 2. The number of shares of open joint-stock company created in the process of privatization, which may be sold to its employees, category (type) of such shares, the procedure for determining their price, as well as the procedure and terms of payment of such shares are established Privatization programme. C t I am 26. The purchase of the state or municipal property of the property leased 1. Privatization of the lease under a lease agreement with the right to purchase, which was concluded before the entry into force of the Russian Federation Law The privatization of State and municipal enterprises in the Russian Federation ", the property of a State or municipal unitary enterprise is carried out on the basis of a declaration by the lessee of such property in the following ways: under a redemption agreement if the size of the The purchase, timing and order of the payment, as well as other conditions, are established by the said contract; by transforming a state or municipal unitary enterprise into an open joint stock company with the provision to the tenant Such property is the right of priority acquisition of the shares of the said society belonging to the Russian Federation, the constituent entities of the Russian Federation and the municipal entities, respectively. The order of the lessee to give priority to the acquisition of shares in open joint-stock companies established by means of transformation of state or municipal unitary enterprises, order of determination The value of these shares is determined by the privatization program and the programs of privatization of the constituent entities of the Russian Federation. The amount of the purchase, the time and order of the lease of such property by the lessee, as well as the conditions for the first acquisition of the listed shares, shall be determined by the Government of the Russian Federation, approved by the provision on the procedure for the privatization of the leased property. State property. 2. In other cases, the lessee of the property of a State or municipal unitary enterprise, recognized by the buyer under article 9 of this Federal Act, may acquire such property in the manner prescribed by this Act. The Federal Law, as well as the privatization programme and the privatization programmes of the constituent entities of the Russian Federation. 3. The procedure for determining the value of public property bought by tenants is determined by the privatization programme and the privatization programmes of the constituent entities of the Russian Federation, respectively. C t I am 27. Social guarantees for employees of the public joint-stock companies created by transformation of state and municipal unitary enterprises 1. Open joint-stock companies established by means of transformation of state and municipal unitary enterprises meet the obligations contained in collective agreements in force prior to the transformation of state and Municipal unitary enterprises in open joint-stock companies. 2. After three months from the date of public registration of an open joint-stock company, its employees (representatives of employees) or the executive body of the society may propose a review of the current collective situation. a treaty or a new collective agreement. 3. The dismissal of employees of open joint-stock companies created by the transformation of state and municipal unitary enterprises and the employment of these workers is regulated by the legislation of the Russian Federation on labour, laws and regulations. Other normative legal acts of the constituent entities of the Russian Federation. Chapter III: Final provisions C, I am 28. Processing of privatization deals state or municipal property 1. In the privatization of state or municipal property between the seller of property and the buyer, the contract of sale is concluded in accordance with the Civil Code of the Russian Federation and this Federal Law. 2. The mandatory terms of the contract for the sale of State or municipal property are: details of the property seller and the buyer; the name of the privatisation object; the location of the property; the composition and value of the State or municipal property; terms and conditions of lease (use) of the land; the number of shares of an open joint-stock company; their category (type) and value; the procedure for the transfer of state or municipal property to the property of the buyer; Form and timing of payment for acquisitions; liabilities Buyer's use; investment and/or social conditions under which the specified property was acquired by the buyer; the buyer's confirmation of compliance with such conditions; Investment and/or social conditions, including guarantees for their implementation; , the procedure for the buyer's exercise of ownership and the right to use the property in question prior to the transfer of ownership of such property; other conditions established by the parties to such a treaty Agreement. All obligations of the buyer with respect to the subject matter of the privatization should have a time limit for their implementation, as well as the valuation determined in accordance with the laws of the Russian Federation. 3. The right of ownership of state or municipal property is transferred from the Russian Federation, the constituent entities of the Russian Federation and municipal entities to its purchasers in accordance with the procedure established by the legislation of the Russian Federation. The Federation, the present Federal Law and the contract for the sale of State or municipal property. C t I am 29. Invalidity of privatization deals state or municipal property 1. In the event that the privatization of State or municipal property was carried out in violation of the provisions of this Federal Act, other federal laws and other regulatory legal acts adopted by the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION, THE property management, sellers of property, buyers and procuratorial bodies of the Russian Federation are entitled to bring actions (to open cases) on the avoidance of transactions in the privatization of state or municipal property, application of measures Liability, recognition of the said transactions, the application of consequences of the nullity of the insignificant transaction, the elimination of violations of the Russian Federation's legislation on privatization and the prosecution of those responsible. 2. The grounds for the recognition of the transactions of privatization of state or municipal property are invalid: violation of the provisions of this Federal Law, other regulatory legal acts establishing the order of privatization State or municipal property; acquisition of State or municipal property by a person not authorized to do so; used in the privatization of State or municipal property of illicit means of payment; collusion between The seller of property and the buyer, including the underestimation of the price of such property; the buyer of benefits and advantages to other buyers; a other ground under the law of the Russian Federation. 3. Contracts for the purchase and sale of State or municipal property without valuation are null and void from the moment of their conclusion and do not entail legal consequences. 4. Disputes concerning the recognition of the privatization of State or municipal property shall be considered by the court and the arbitral tribunal in the same manner and within the time limits provided for in the procedural legislation of the Russian Federation. 5. The privatization of state or municipal property in ways other than those established by this Federal Act is not permitted, and related transactions of privatization of state or municipal property are considered null and void from the moment of their conclusion and do not entail legal consequences. C I am 30. Liability for violation of the legislation of the Russian Federation on privatization 1. For the violation of this Federal Law, other federal laws and other legal acts of the Russian Federation on privatization, natural and legal persons are liable in the cases and in the manner, OF THE PRESIDENT OF THE RUSSIAN FEDERATION " The losses caused by unlawful actions in connection with the violation of the Russian Federation's legislation on privatization are reimbursable in accordance with the procedure established by the civil legislation of the Russian Federation. 2. The relevant authorities for property management and property sellers are entitled, in matters falling under the jurisdiction of the Russian Federation, the legislation of the constituent entities of the Russian Federation and the decisions of representative bodies. Local governments: to appear in court, arbitral tribunal on behalf of the Russian Federation, constituent entities of the Russian Federation or municipalities; to send materials to prosecutors ' offices to resolve issues of The initiation of criminal proceedings. Relevant property management bodies, sellers of property shall be exempted from payment of State duty when recourse to the courts, arbitral tribunal on matters falling within their competence. C I am 31. The procedure for entering into force this Federal Law 1. All obligations arising from contracts for the sale of State or municipal property prior to the entry into force of this Federal Act are subject to restitution in accordance with the procedure established by law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Transactions of the privatization of State or municipal property concluded before the date of the entry into force of this Federal Act and which do not contain the valuation of such property shall be deemed null and void from the moment of their conclusion the legal consequences. 3. In connection with the adoption of this Federal Law, it is recognized that all "Golden shares" created in the process of privatization of open joint-stock companies are stipulated by Article 5 of this Federal Law as special law of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Legal acts of the President of the Russian Federation and normative legal acts of the Government of the Russian Federation on matters which, under this Federal Act are governed by other federal laws, are in force until The operation of the relevant federal laws in part not contrary to the legislation of the Russian Federation. 5. In connection with the adoption of this Federal Act, the law is repealed: Russian Federation Law on Privatization of State and of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 27, Art. 927); Russian Federation Law "On Amendments and Additions to the Law of the RSFSR" On privatization of state and municipal enterprises Russian Federation's Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 1614); Article 17 of the Russian Federation's Law " On Amendments and Additions to the Civil Code of the RSFSR, Civil Procedure Code RSFSR Rules of the Supreme Soviet of the RSFSR, the Law of the RSFSR "On the Jewish Autonomous Oblast", "On elections of people's deputies of the RSFSR", "On additional powers of local Councils of People's Deputies in transition to market relations" (farm) farm "," On land reform "," About banks and Banking activities in the RSFSR, "On Central Bank of the RSFSR (Bank of Russia)", "Property in the RSFSR", "On enterprises and enterprises", "On State tax service of the RSFSR", " On competition and limitation of monopolistic activities. "On the priority of providing agro-industrial complex with logistics resources", "On local self-government in the RSFSR", "On privatization of state and municipal enterprises in the RSFSR", " On the foundations of the budget of the RSFSR device and budget process "," State duty "; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, 1992, N 34, sect. 1966); Article 1, paragraph 1 of the Federal Law " On introducing amendments and additions to certain legislative acts of the Russian Federation in connection with Federal Law "On amendments and additions to the Law of the RSFSR" On Competition and Limitation of Monopolistic Activity in Commodity Markets " (Assembly of Laws of the Russian Federation, 1997, N 12, Art. 12, sect. 1381). 6. Invite the President of the Russian Federation and the Government of the Russian Federation to bring their legal acts into conformity with this Federal Law. 7. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 21 July 1997 N 123-FZ