On State And Municipal Unitary Enterprises

Original Language Title: О государственных и муниципальных унитарных предприятиях

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RUSSIAN FEDERATION FEDERAL LAW About State and Municipal Unitary Enterprise adopted by the State Duma on October 11, 2002 Russian Federation 30 October 2002 (In the wording of federal laws 08.12.2003) N 169-FZ; of 18.12.2006 N 231-FZ; of 24.07.2007 N 212-FZ; of 01.12.2007 N 318-FZ; dated 02.07.2010. N 152-FZ; dated 18.07.2011 N 220-FZ; dated 19.07.2011 N 246-FZ; of 06.11.2011 N 291-FZ; dated 30.11.2011. N 362-FZ; of 03.12.2012 N 240-FZ; dated 02.07.2013. N 188-FZ; of 28.12.2013 N 396-FZ; 05.05.2014 N 99-FZ; dated 04.11.2014. N 337-FZ; dated 13.07.2015. N 216-FZ; of 23.11.2015 n 312-FZ Chapter I. GENERAL PROVISIONS Article 1. Relationship governed by this Federal Law This Federal Law defines in accordance with Civil Law The Code of the Russian Federation: the legal position of the State unitary enterprise and the municipal unitary enterprise (hereinafter referred to as the unitary enterprise), the rights and obligations of owners of their property, the procedure for the establishment, reorganization and liquidation of the unitary enterprise. Article 2. Unitary Enterprise 1. A unitary enterprise recognizes a commercial entity that does not have ownership of the property. Only state and municipal enterprises can be established in the form of unitary enterprises. The property of the unitary enterprise belongs to the property rights of the Russian Federation, the constituent entity of the Russian Federation or municipal education. On behalf of the Russian Federation, the State Corporation for Atomic Energy "Rosatom" may exercise the rights of the owner of the property of a federal state enterprise in accordance with the procedure established by the Federal Law " On State Atomic Energy Corporation "Rosatom". N 318-FZ) On behalf of the Russian Federation or the subject of the Russian Federation, the rights of the owner of the property of the unitary enterprise are exercised by the State authorities of the Russian Federation or the State authorities of the Russian Federation, within the limits of their competence, established by acts determining the status of these bodies, and the State Academy of Sciences in accordance with the procedure established by the Federal Act of 23 August 1996 No. 127-FZ " On science and State science and technology policy. "On behalf of the Russian Federation, the right of the owner of the property of the federal unitary enterprise may be carried out by the federal state budget institution" National Research Center "N.E.Zhukovsky National Research Center" "On behalf of the Russian Federation, the rights of the owner of the property of a state unitary enterprise may be carried out by the Russian Federation." State Corporation for Space Activities "Roscosmos is in the order established by the Federal Law" On the State Corporation for Space Activities of Roscosmos ". On behalf of the Russian Federation, the right of the owner of the property of the federal unitary enterprise may be exercised by the federal state budget institution "National Research Center Kurchatov Institute" in accordance with the federal budget. The Law "On the National Research Centre" Kurchatov Institute ". (In the wording of the federal laws of 06.11.2011) N 291-FZ; dated 04.11.2014 N 337-FZ; dated 13.07.2015. N 216-FZ; of 23.11.2015 N 312-FZ On behalf of the municipal education, the ownership of the property of the unitary enterprise is exercised by the local authorities within the limits of their competence established by the acts determining the status of those bodies. The property of the unitary enterprise belongs to him on the right to economic management or to the right to operational management, is indivisible and cannot be distributed on deposits (shares, shares), including among the employees of the unitary enterprise enterprises. The Unitary Enterprise shall not be able to establish as a legal entity another unitary enterprise by handing over a part of its property (a subsidiary) to it. The Unitary Enterprise may, on its own behalf, acquire and exercise property and personal non-property rights, be liable to be the plaintiff and defendant in court. The Unitary Enterprise should have an independent balance. 2. In the Russian Federation, the following types of unitary enterprises are created and operate: Unitary enterprises based on the right of economic management-the federal state enterprise and the state enterprise of the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, Municipal Government Enterprise (hereinafter referred to as "executed") (...) (...) 3. A unitary enterprise should have a round seal containing its full brand name in the Russian language and indicating the location of the unitary enterprise. The stamp of the unitary enterprise may also contain its name in the languages of the peoples of the Russian Federation and (or) the foreign language. The Unitary Enterprise has the right to have stamps and forms with its brand name, its own emblem, as well as a registered trademark and other means of individualization. 4. The establishment of unitary enterprises on the basis of the association of property owned by the Russian Federation, the constituent entities of the Russian Federation or municipal entities is not permitted. Article 3. The legal capacity of the unitary enterprise 1. A unitary enterprise may have civil rights corresponding to the object and purpose of its activities as set out in the charter of the unitary enterprise and carry the related duties. 2. The unitary enterprise is considered to be a legal entity from the date of entry into a single public register of legal persons, with the characteristics laid down in article 10 of this Federal Law. The Unitary Enterprise shall be established without limitation of the term, unless otherwise stipulated by its statute. The Unitary Enterprise has the right to open bank accounts in the territory of the Russian Federation and beyond. State or municipal enterprise until the completion of the formation by the owner of its property of the statutory fund is not entitled to make transactions that are not related to the establishment of a state or municipal enterprise. 3. Certain activities, a list of which are determined by a federal law, may be operated by a unitary enterprise only on the basis of a licence. Article 4. The name of the unitary enterprise and its location 1. The unitary enterprise must have a full brand name and may have an abbreviation of the name in the Russian language. A unitary enterprise may also have a full and (or) reduced trade name in the languages of the peoples of the Russian Federation and (or) of the foreign language. The full trade name of the state or municipal enterprise in Russian shall contain the words "a federal state enterprise", "State enterprise" or "municipal enterprise" and a reference to The owner of his property is the Russian Federation, the constituent entity of the Russian Federation or a municipal entity. The full trade name of the executed enterprise in Russian shall contain the words "a federal executed enterprise", "executed enterprise" or "municipal executed enterprise" and an indication of the owner of its property- OF THE PRESIDENT OF THE RUSSIAN FEDERATION The name of the unitary enterprise in Russian and the languages of the peoples of the Russian Federation may contain foreign-language borrowing in Russian transcription or transcription of the languages of the peoples of the Russian Federation The Federation, with the exception of terms and acronyms, reflecting the organizational and legal form of the unitary enterprise. (In the wording of Federal Law No. N 231-FZ) Other requirements for the company name of the unitary enterprise are established by the Civil Code of the Russian Federation. (Paragraph is supplemented by Federal Law of 18.12.2006. N 231-FZ 2. The location of the unitary enterprise is determined by the place of State registration. 3. The unitary enterprise should have a postal address for which it is connected and must notify the change of its postal address by the entity which performs the State registration of legal persons. Article 5. Branches and representative offices of the unitary enterprise 1. A unitary enterprise, in agreement with the owner of its property, may establish branches and open offices. The establishment of the unitary enterprise of branches and the opening of offices in the territory of the Russian Federation shall be subject to the requirements of this Federal Act and other federal laws, and beyond the territory of the Russian Federation. The Federation shall also, in accordance with the law of a foreign State, establish branches or open representative offices of a unitary enterprise, unless otherwise stipulated by the international treaties to which the Russian Federation is a party. 2. The branch of the unitary enterprise is its separate unit located outside the seat of the unitary enterprise and carrying out all of its functions or part thereof, including the functions of representation. 3. The office of the unitary enterprise is its separate unit located outside the seat of the unitary enterprise representing the interests of the unitary enterprise and protecting them. 4. The branch and representative office of the unitary enterprise are not legal persons and operate on the basis of provisions approved by the unitary enterprise. Affiliate and representation are vested in the entity that created them. The head of the branch or representative office of the unitary enterprise is appointed by the unitary enterprise and acts on the basis of his power of attorney. If the employment contract is terminated with the head of the branch or representation, the power of attorney must be revoked by the unitary enterprise which issued it. The branch and representative office of the unitary enterprise carry out their activities on behalf of the unitary enterprise that created them. The responsibility for the operation of the branch and representative office of the unitary enterprise is borne by the unitary enterprise. 5. The Charter of the Unitary Enterprise shall contain information about its subsidiaries and representations. Changes in the statute of the unitary enterprise are reported to the entity conducting the State registration of legal entities. These amendments to the Statute of the unitary enterprise shall enter into force for third parties from the time of notification of such changes to the body exercising State registration of legal entities. Article 6. Participation of Unitary Enterprise in Commercial and Non-Profit Organisations 1. Unitary enterprises may be members of commercial organizations, as well as not-for-profit organizations, where legal entities are allowed to participate in accordance with federal law. Unitary enterprises may not be founders (participants) of credit organizations. 2. The decision on the participation of a unitary enterprise in a commercial or non-profit organization may be taken only with the consent of the owner of the property of the unitary enterprise. By order of contribution (shares) in the statutory (warehousing) capital of a business society or partnership, and also owned by a unitary enterprise, is carried out by a unitary enterprise only with the consent of the owner of its property. Article 7. Unitary Enterprise 1. A unitary enterprise is responsible for its obligations to all property belonging to it. The Unitary Enterprise shall not be liable for the obligations of the owner of its property (Russian Federation, subject of the Russian Federation, municipal education). 2. The Russian Federation, the constituent entity of the Russian Federation, is not responsible for the obligations of a State or municipal enterprise, unless the insolvency (bankruptcy) of the enterprise is insolvent. is the owner of his property. In these cases, the owner, in case of insufficient property of a State or municipal enterprise, may be given a subsidiary responsibility under its obligations. 3. The Russian Federation, the constituent entities of the Russian Federation or municipalities are subsidiary to the obligations of their executed enterprises in the case of insufficient assets. Chapter II: ESTABLISHMENT OF THE UNARTMENT Article 8. Establishment of a unitary enterprise 1. The founder of the unitary enterprise may be the Russian Federation, the constituent entity of the Russian Federation or a municipal entity. 2. The decision to establish a federal State enterprise shall be taken by the Government of the Russian Federation or by the federal executive authorities in accordance with the acts determining the competence of such bodies. Decision on the establishment of the State Academy of Sciences of the Federal State Enterprise is taken by the State Academy of Sciences, which powers on behalf of the Russian Federation The founder of such an enterprise and the owner of the federal property assigned to it. A decision on the establishment of a State enterprise of a constituent entity of the Russian Federation or a municipal enterprise is made by the authorized body of the State authorities of the constituent entity of the Russian Federation or a local government body in the compliance with acts defining the competence of such bodies. (Paragraph in the wording of the Federal Law 03.12.2012 N 240-FZ) 3. The Federal Government shall be established by a decision of the Government of the Russian Federation. The State enterprise of the constituent entity of the Russian Federation shall be established by a decision of the State authority of the constituent entity of the Russian Federation, which, in accordance with the acts determining the status of that body, has the right to adopt such a decision. solutions. The municipal government enterprise shall be established by a decision of the local authority which, in accordance with the acts determining the status of that body, shall be granted the authority to make such a decision. 4. A State or municipal enterprise may be created in the case of: the need for the use of property, which is prohibited, including property, which is necessary for the security of the Russian Federation; { \field { \field { \field { \field } { \field } { \field } { \field { \field } { \field { \field { \field } { \field } { \field { \field { \field } { \field } { \field { \field } { \field } { \field { \field } { \field } food security of the state; Implementation of activities under federal law exclusively for State unitary enterprises; OF THE PRESIDENT OF THE RUSSIAN FEDERATION production of selected products seized from turnover or restricted production legally capable. A executed enterprise may be created in the case of where the predominant or significant part of the output, the services provided is designed to meet federal needs, needs OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 396-FZ) the need for the use of property, which is prohibited, including the property necessary for the security of the Russian Federation, the operation of air, railway and water Russian transport, other strategic interests of the Russian Federation; social goals; need for Production of certain products that ensure the safety of the Russian Federation; the need to produce certain products seized from turnover or restricted to a limited capacity; Selected individual activities and waning activities; the need to carry out activities under federal laws exclusively for executed enterprises. 5. The decision to establish a unitary enterprise should define the objectives and activities of the unitary enterprise. Procedure for determining the composition of the property established for a unitary enterprise on the right to economic or operational management, as well as the procedure for the adoption of the charter of the unitary enterprise The contract with the Head of State is established by the Government of the Russian Federation, the authorized bodies of the State authorities of the constituent entities of the Russian Federation or the local authorities in respect of federal state enterprises; of property of which the property is exercised in accordance with The State Atomic Energy Corporation "Rosatom", the State Corporation for Atomic Energy "Rosatom", in the case of state unitary enterprises, the rights of the owner of the property. In accordance with the Federal Law "On the State Corporation for Space Activities of Roscosmos", the State Corporation for Space Activities Roscosmos is the State Corporation for Space Activities. (In the wording of the Federal Law No. N 216-FZ ) The value of the property being fixed for a unitary enterprise on the right to economic management or the right to operational management is determined in accordance with the law on the valuation of the property. activities. Article 9. Charter of the unitary enterprise 1. The founding document of the unitary enterprise is its charter. 2. The statutes of unitary enterprises are approved by the authorized State organs of the Russian Federation, the State bodies of the constituent entities of the Russian Federation or the local authorities in respect of the federal State unitary enterprise. The State Corporation for Atomic Energy "Rosatom", the State Atomic Energy Corporation Rosatom, is the State Corporation for Atomic Energy of Rosatom. Federal State Unitary Enterprise, Rights The owners of property of which are carried out in accordance with article 6 of the Federal Act of 23 August 1996 N 127-FZ "On science and state science and technology policy"-State academies of sciences. Under the federal law "On the National Research Center" N.E.Zhukovsky National Research Center ", the statutes of unitary enterprises are approved by the federal state budget. "National Research Center" N.E.Zhukovsky National Research Center ". The statutes of State unitary enterprises whose property rights are exercised in accordance with the Federal Law "On the State Corporation for Space Activities Roscosmos" are approved by the State Corporation for the "Space activities of Roscosmos". The statutes of unitary enterprises whose property rights are exercised in accordance with the Federal Act on the National Research Centre Kurchatov Institute are approved by the Federal State Budget Agency "National Research Center" Kurchatov Institute ". (In the wording of the federal laws of 06.11.2011) N 291-FZ; dated 04.11.2014 N 337-FZ; dated 13.07.2015. N 216-FZ; of 23.11.2015 N 312-FZ 3. The charter of the unitary enterprise should contain: full and abbreviated names of the unitary enterprise; pointing to the location of the unitary enterprise; purpose, object, activities of the unitary enterprise enterprises; details of the authority or authorities exercising authority of the owner of the property of a unitary enterprise; name of the organ of the unitary enterprise (head, director, CEO); appointment to head of Unitarianism Enterprises, as well as the procedure for concluding with it, changes and termination of the employment contract in accordance with labour laws and other rules of labour law; list of funds established The unitary enterprise, the size, formation and use of these funds; other information provided by this Federal Law. 4. The Charter of a State or municipal enterprise, other than the information referred to in paragraph 3 of this article, shall contain information on the size of its authorized fund, the manner and sources of its formation, and the direction of profit. 5. The statutes of the executed enterprise shall, in addition to the particulars referred to in paragraph 3 of this article, provide information on the distribution and use of the proceeds of the executed enterprise. 6. The Charter of a unitary enterprise may also contain other provisions that are not contrary to this Federal Act and other federal laws. 7. Amendments to the charter of the unitary enterprise, including the adoption of the charter in the new edition, are implemented by the decision of the State organ of the Russian Federation, the State Atomic Energy Corporation Rosatom, class="ed"> of the State Corporation for Space Activities of Roscosmos, the State Academy of Sciences, the federal state budget institution "National Research Center" (...) (...) The National Research Centre Kurchatov Institute, the State body of the constituent entity of the Russian Federation or the local self-government body authorized to approve the charter of the unitary enterprise. (In the wording of the federal laws of 01.12.2007) N 318-FZ; dated 06.11.2011 N 291-FZ; dated 04.11.2014 N 337-FZ; dated 13.07.2015. N 216-FZ; of 23.11.2015 N 312-FZ Changes made to the charter of the unitary enterprise or the charter of the unitary enterprise in the new edition shall be subject to State registration in the manner provided for in article 10 of this Federal Act for State registration of the unitary enterprise. Amendments to the Charter of the Unitary Enterprise or the Charter of the Unitary Enterprise shall become effective for third parties from the moment of their state registration, and in the cases established by this Federal Law, c The notification of the body carrying out the State registration of legal entities. Article 10. State Registration of Unitary Enterprise 1. The unitary enterprise is subject to state registration in the entity which is in the process of registration of legal persons, in accordance with the procedure established by the Federal Law on State Registration of Legal Persons. class="ed"> (In the wording of the Federal Act of 8 December 2003. N 169-FZ) 2. For the State registration of the unitary enterprise, the decision of the authorized State organ of the Russian Federation, the authorized State organ of the constituent entity of the Russian Federation or the local self-government body is provided. Establishment of a unitary enterprise, the charter of a unitary enterprise, information on the composition and value of the property that is retained in the right to economic management or the right to operational management. Chapter III: THE PROPERTY AND THE CHARTER OF THE UNIVERSITY OF THE UNIVERSITY Article 11. Unitary property 1. The property of the unitary enterprise is formed by: property, fixed by a unitary enterprise on the right to economic management or the right to the operational control of the owner of the property; enterprises from its activities; other sources that are not contrary to the law. 2. The right to property, which is established under the authority of a unitary enterprise or to the right of prompt management of the owner of the property, arises from the moment when such property is transferred to a unitary enterprise, unless otherwise provided by the State party. is provided by federal law or is not determined by the decision of the owner to transfer the property to a unitary enterprise. Characteristics of the exercise of the right to economic management and the right of operational control over real estate located outside the Russian Federation, which is a federal property, as well as securities, shares, The Government of the Russian Federation shall establish a legal entity located outside the Russian Federation. 3. When the right of ownership is transferred to a state or municipal enterprise as a property complex to the other owner of state or municipal property, the enterprise retains the right to economic maintenance or the right Management of property. Article 12. The StatuTrust Fund for Unitary Enterprise 1. The authorized fund of a State or municipal enterprise shall determine the minimum amount of its property to guarantee the interests of the creditors of such an undertaking. 2. The authorized fund of a state or municipal enterprise can be formed at the expense of money, as well as securities, other things, property rights and other rights with monetary evaluation. The size of the authorized fund of the state or municipal enterprise is determined in rubles. 3. The size of the statutory fund of the state enterprise should be at least five thousand minimum wage levels set by federal law on the date of state registration of the state enterprise. The size of the municipal enterprise's statutory fund must be at least one thousand minimum wage levels set by federal law at the date of the state registration of the municipal enterprise. 4. Federal laws or other normative legal acts may define the types of property for which a statutory fund of a State or municipal enterprise cannot be formed. 5. The statutory fund is not formed in the enterprise. Article 13. Formation of the charter fund 1. The authorized fund of the state or municipal enterprise must be fully constituted by the owner of the property within three months from the date of the state registration of the enterprise. 2. The authorized fund is considered to be formed from the date of deposit of the relevant monetary amounts to the bank account and (or) transfer of other property, which is established to the State or municipal enterprise, for that purpose. to the right to economic development, in full. Article 14. Increase in the authorized fund 1. An increase in the statutory fund of a state or municipal enterprise is permitted only after its formation in full, including after the transfer to the State or municipal enterprise of immovable and other property, The right of the child to the right to work. 2. An increase in the statutory fund of a State or municipal enterprise may be carried out by an additional owner of the property, as well as the proceeds derived from the activities of such an enterprise. 3. The decision to increase the statutory fund of a state or municipal enterprise may be made by the owner of its property only on the basis of the approved annual accounting records of such an enterprise for the past financial year. The size of the statutory fund of a State or municipal enterprise, taking into account the size of its contingency fund, may not exceed the value of the net assets of the enterprise. 4. Simultaneously with the decision to increase the statutory fund of the state or municipal enterprise, the owner of the property takes the decision to amend the charter of such enterprise. Documents for the state registration of amendments to the charter of state or municipal enterprises in connection with the increase of its authorized fund, as well as documents confirming the increase of the statutory fund of the state or a municipal enterprise, should be represented in the body conducting the State registration of legal entities. Failure to submit the documents referred to in this paragraph is a reason for refusing to register any changes in the statutes of the State or municipal enterprise. Article 15. Decrease of the charter fund 1. The owner of the property of a State or municipal enterprise is entitled, and in the cases provided for in this article, the statutory fund of such an undertaking must be reduced. The Statuting Fund of a State or municipal enterprise may not be reduced if, as a result of such a reduction, its size becomes less than the minimum amount of the statutory minimum authorized by this Federal Act. fund. 2. In the event that, after the end of the financial year, the value of the net assets of a state or municipal enterprise is less than the size of its authorized fund, the owner of the property of the enterprise is required to decide to reduce the amount The statutory fund of a state or municipal enterprise, up to a size not exceeding the value of its net assets, and to register these changes in accordance with the procedure established by this Federal Act. If, at the end of the fiscal year, the value of the net assets of a state or municipal enterprise is less than the current federal law on the date of the state registration of such an enterprise The minimum size of the authorized fund and within three months the value of the net assets will not be restored to the minimum size of the authorized fund, the owner of the property of the state or municipal enterprise must make a decision on liquidation or reorganization of such an enterprise. The value of the net assets of a state or municipal enterprise is determined according to the accounting data in accordance with the procedure established by the authorized Government of the Russian Federation The executive branch. (In the wording of Federal Law No. N 362 F) 3. If, in the cases provided for in this article, the owner of the property of a State or municipal enterprise for six calendar months after the end of the financial year does not decide to reduce the authorized fund, Restoration of net assets to the minimum size of the authorized capital, liquidation or reorganization of a state or municipal enterprise, creditors have the right to demand termination of the state or municipal enterprise, or Early fulfilment of obligations and damages. 4. Within thirty days from the date of the decision to reduce its statutory fund, the State or municipal enterprise must notify all known creditors in writing of the reduction of its authorized fund and its new constitution. and to publish in the press office, which publishes data on the state registration of legal entities, a communication about the decision taken. In so doing, the creditors of a State or municipal enterprise may, within thirty days from the date on which it is notified of the decision taken, or within thirty days of the date of publication of the said communication, request the termination or Early execution of obligations of state or municipal enterprise and compensation for damages. State registration of a decline in the statutory fund of a state or municipal enterprise is only carried out when the company provides proof of that creditor's notice in accordance with the procedure established by the State or municipal enterprise. of this paragraph. Article 16. Reserve Fund and Other Unitary Enterprise Funds 1. The Unitary Enterprise, through its remaining net profits, establishes a reserve fund in the order and size of the unitary enterprise charter. The funds of the Reserve Fund are used exclusively for the loss of a unitary enterprise. 2. The unitary enterprise, through net profits, also creates other funds in accordance with their list and in the manner provided for by the unitary enterprise charter. Funds credited to such funds may be used by a unitary enterprise only for purposes specified by federal laws, other regulatory legal acts and the charter of the unitary enterprise. Article 17. The manner in which the owner of the property of the unitarian right to obtain profits from the use of property, of a unitary enterprise , 1. The owner of the property of a State or municipal enterprise is entitled to a portion of the profits from the use of the property in the business of the enterprise. 2. The State or municipal enterprise transfers to the relevant budget a portion of the profits that remain at its disposal after payment of taxes and other obligatory payments, in order, in the amount and in time to be determined OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2-1. Federal State enterprises whose property rights are exercised in accordance with the Federal Act of 1 December 2007 No. 317-FZ "On the State Corporation for Atomic Energy" Rosatom "or the Federal Law" On The State Corporation for Space Activities Roscosmos, the part of the profits remaining at their disposal after payment of taxes and other obligatory payments, are transferred to the income of the State Atomic Energy Corporation Rosatom, respectively. or the State Corporation for Space Activities Roscosmos the order, in the size and the time frame set by these state corporations under the federal laws. (The paragraph is supplemented by the Federal Law of 01.12.2007). N 318-FZ) (In the wording of Federal Law No. N 216-F) 3. The procedure for the distribution of income of a executed enterprise is determined by the Government of the Russian Federation, the authorized bodies of the State authorities of the constituent entities of the Russian Federation or the local authorities. Article 18. Disposition property of the state or municipal enterprise 1. A State or municipal enterprise shall dispose of movable property belonging to it, independently, except in cases established by this Federal Act, other federal laws and other regulations. the normative legal acts. 2. A state or municipal enterprise is not entitled to sell its immovable property, rent it, deposit it as a deposit, or make a contribution to the statutory (warehousing) capital of a society or a partnership or other The right to dispose of such property without the consent of the owner of the property of the State or municipal enterprise. 3. Movable and immovable property a State or municipal enterprise shall only dispose of, within the limits of its ability to carry out activities, the object, the object of which is determined by the charter of the enterprise. Transactions committed by a State or municipal enterprise in violation of this requirement are null and void. 4. A State or municipal enterprise may not, without the consent of the owner, engage in transactions involving the granting of loans, guarantees, bank guarantees, other encumsment, assignment of claims, transfer of debt, and To conclude contracts of a simple partnership. The Charter of a State or municipal enterprise may contain types and (or) size of other transactions, the commission of which cannot be carried out without the consent of the owner of the property of the undertaking. 5. A State or municipal enterprise that is a lessee of a plot of land in state or municipal ownership is not entitled: 1) to lease such land to a sub-lease, the exception to the case provided for in paragraph 6 of this article, as well as land parcels (including artificial land created under the Federal Act " On artificial land created on water bodies, in federal property and the amendment of the Selected legislative acts of the Russian Federation ") within the boundaries of seaports; (as amended by the federal laws of 2 July 2010). N 152-FZ; dated 19.07.2011. N246-FZ) 2) transfer its rights and obligations under the lease to others (adopted), except as provided for in paragraph 6 of this article; (In the wording of the Federal Law dated 02.07.2010. N 152-FZ) 3) to issue lease rights; 4) to make rent rights as a contribution to the authorized capital of economic associations and societies or as a contribution to a production cooperative. (The paragraph is amended by the Federal Law of 24.07.2007). n 212-FZ) 6. A State or municipal enterprise which is a tenant of a land owned by the State or municipal property, with the consent of the owner of the property of such an undertaking, shall surrender the land plot or part thereof. Subrent or transfer its rights and obligations under the lease of the land or its part to the concessionaire in the event that the concession agreement provides for the use of the specified land or part thereof for the purpose of creating and (or) Renovation of the concession agreement object and/or inoco The Conference of the States parties to the Convention on the Rights of the (The paragraph is supplemented by the Federal Law of 02.07.2010). N 152-FZ) 7. In the case provided for in the legislation of the Russian Federation on concession agreements, a State or municipal enterprise shall participate on the side of the assignor in obligations under the concession agreement and shall exercise separate powers of the assignor that is provided for in the concession agreement. (The paragraph is supplemented by the Federal Law of 02.07.2010). N 152-FH) Article 19. Disposition of the property of the executed enterprise 1. The Federal Government is entitled to dispose of or otherwise dispose of its property with the consent of the Government of the Russian Federation or its authorized federal executive authority. " The enterprise of the subject of the Russian Federation may dispose of its property only with the consent of the authorized body of the State authority of the constituent entity of the Russian Federation. The municipal enterprise may dispose of or otherwise dispose of its property with the consent of the authorized body of local self-government. The Charter of the executed enterprise may provide for the types and (or) size of other transactions, the commission of which may not be carried out without the consent of the owner of the property of the enterprise. " The Kazennye enterprise independently implements its products (work, services), unless otherwise provided by federal laws or other regulatory legal acts of the Russian Federation. 2. The enterprise may dispose of its property, including the consent of the owner of such property, only within the limits of its ability to carry out the activities whose object and purpose are determined by the charter of such property. enterprises. The activities of the executed enterprise are carried out in accordance with the estimates of income and expenditure approved by the owner of the property of the executed enterprise. 3. A business, which is a tenant of a land held in state or municipal property, is not entitled: 1) to sublease such land; 2) their rights and obligations under the lease contract to others (adopted); 3) to give the lease rights; 4) to make rent rights as a contribution to the charter capital of economic associations and societies or as a mutual benefit contribution to the production cooperative. (The paragraph is amended by the Federal Law of 24.07.2007). n 212-FZ) Chapter IV. DETROUTING DETAILED Article 20. Ownership of the property of the unitary enterprise 1. The property of the unitary enterprise in respect of the said enterprise: 1) decides on the establishment of a unitary enterprise; 2) defines the purpose, object, type of activity of the unitary enterprise and also gives consent to the participation of the unitary enterprise in associations and other associations of commercial organizations; 3) establishes the procedure for the formulation, approval and establishment of indicators of plans (programme) of financial and economic activities Unitary Enterprise; 4) approves the Statute of Unitarianism enterprises, amending it, including approving the charter of the unitary enterprise in the new version; 5) decides on the reorganization or liquidation of the unitary enterprise in accordance with the procedure established by law the liquidation committee and approves the liquidation budgets of the unitary enterprise; 6) forms the statutory fund of the State or municipal enterprise; 7) appoints the head of the unitary enterprise, concludes, modifies and terminates the employment contract in accordance with Labour law and other labour law rules; (8) shall agree upon the employment of the chief accountant of the unitary enterprise, the conclusion with it, the modification and termination of the employment contract; 9) approves the accounting records and reports of the unitary enterprise; 10) gives consent to the disposal of immovable property, and in cases determined by federal laws, other regulatory legal acts or statutes a unitary enterprise, other transactions; 11) Monitors the use and preservation of the property belonging to the unitary enterprise; 12) approves and monitors the performance of the unitary enterprise; 13) gives consent for the establishment of branches and the opening of a representative office of a unitary enterprise; 14) gives consent for the participation of the unitary enterprise in other legal entities; 15) gives consent in the cases envisaged of a true federal law to make a big deal, Transactions in which there is interest and other transactions; 16) shall decide on the conduct of the audits, approve the auditor and determine the level of payment for its services; 16-1) in the case OF THE PRESIDENT OF THE RUSSIAN FEDERATION class="doclink " href=" ?docbody= &prevDoc= 102078835&backlink=1 & &nd=102139632 "target="contents" title= " "> dated 02.07.2010. N 152-FZ) 17) has other rights and other duties defined by the legislation of the Russian Federation. 2. Property of a executed enterprise other than the authority specified in paragraph 1 of this article is entitled: to withdraw an unnecessary, unused or misused property from a executed enterprise; bring orders for the delivery of goods, works, services for state or municipal needs to be executed; (In the wording of Federal Law 28.12.2013 N 396-FZ) approve an estimate of the income and expenses of the executed enterprise. 3. The property of the unitary enterprise is entitled to apply to the court for recognition of the disputed transaction with the property of the unitary enterprise, as well as the requirement to apply the consequences of the nullity of the transaction in cases of nullity, established by the Civil Code of the Russian Federation and by this Federal Law. 4. The property of the unitary enterprise is entitled to claim the property of a unitary enterprise from other people's unlawful possession. 5. The power of the owner of the property of the federal government enterprise for the creation, reorganization and liquidation of the federal government enterprise, approval of the charter and amendments to the charter of such enterprise shall be carried out by the Government of the Russian Federation. THE RUSSIAN FEDERATION Other powers of the owner of the property of a federal executed enterprise are carried out by the Government of the Russian Federation, authorized by the federal executive authorities or by the State Corporation In the wording of the Federal Law of 13 July 2015, Russian space agency Roscosmos is also in space. N 216-FZ) The owner of the property of a unitary enterprise whose property is owned by the Russian Federation cannot be transferred to the constituent entity of the Russian Federation or to the municipal authority of the Russian Federation. Education. The property of the property of the unitary enterprise, the property of which is owned by the constituent entity of the Russian Federation, cannot be transferred to the constituent entity of the Russian Federation, to another subject of the Russian Federation. Federation or municipal education. The property of the owner of the property of a unitary enterprise whose property is owned by the municipality cannot be transferred to the municipal education of the Russian Federation, the constituent entity of the Russian Federation, or Other municipal education. Article 20-1. Ownership rights property of the Federal State Unitary Enterprise of the Atomic Industry and State Academies Federal State Unitary Enterprise 1. The rights of the owner of the property of the federal State unitary enterprises and the exercise of these rights are regulated by the provisions of this Federal Act, taking into account the features established by the Federal Act of 1 December. In 2007, the State Corporation for Atomic Energy of the Rosatom Nuclear Power Corporation "Rosatom". The rights of the owner of the property of the State Academies of the Federal State Unitary Enterprise shall be exercised in accordance with the provisions of this Federal Act, taking into account the particularities established by the Federal Act. Law of 23 August 1996 N 127-FZ "On science and state science and technology policy". N 318-FZ; as amended by Federal Law of 06.11.2011 N 291-FZ) Article 21. Head of Unitary Enterprise 1. The head of the unitary enterprise (Director General) is the sole executive body of the unitary enterprise. The head of the unitary enterprise is appointed by the owner of the property of the unitary enterprise. The head of the unitary enterprise is accountable to the owner of the unitary enterprise. The Unitary Enterprise shall act on behalf of the Unitary Enterprise, including his/her interests, and performs transactions on behalf of the Unitary Enterprise, approves the structure and state of the unitary enterprise The unitary enterprise, shall carry out the employment of employees of such enterprise, conclude with them, modify and terminate contracts of employment, issue orders, issue powers of attorney in accordance with the procedure established by law. The Unitary Enterprise shall organize the execution of the decisions of the owner of the property of the unitary enterprise. 2. The head of the Unitary Enterprise shall not be a founder (participant) of a legal person, hold office and engage in other paid activity in state bodies, local self-government bodies, commercial and non-profit organizations. in addition to teaching, scientific and other creative activities, to engage in entrepreneurial activities, to be a sole executive body or a member of a collegiate executive body of a commercial organization, except in the case of in cases where participation in the bodies of a commercial organization is included to the official duties of this leader and to take part in strikes. The manager of the unitary enterprise is subject to certification in the manner established by the owner of the property of the unitary enterprise. 3. The head of the unitary enterprise shall report on the activities of the enterprise in the order and in time, which are determined by the owner of the property of the unitary enterprise. 4. In cases provided for in federal laws and in accordance with legal acts, a unitary enterprise may be composed of deliberative bodies (scientists, teaching, scientific, scientific and technical councils and others). The Charter of the unitary enterprise should define the structure, composition and competence of such bodies. Article 22. The interest in a unitary enterprise transaction 1. The transaction, in which the manager of the unitary enterprise is interested, may not be carried out by a unitary enterprise without the consent of the owner of the property of the unitary enterprise. The head of the unitary enterprise shall be deemed to be engaged in a transaction by a unitary enterprise in cases where he, his spouse, parents, children, brothers, sisters and (or) their affiliated persons, recognized as such in accordance with of the Russian Federation: is a party to the transaction or acts in the interests of third parties in their relations with the unitary enterprise; own (each individually or collectively) twenty or more shares (shares, shares) of a legal entity which is a party to the transaction or in their relations with a unitary enterprise; held positions in the administration of a legal entity that is a party to a transaction or a third party in their relations with a unitary enterprise enterprise; in other articles defined by the charter of the unitary enterprise. 2. The head of the unitary enterprise should communicate to the owner of the property of the unitary enterprise information: on legal persons in which he, his spouse, parents, children, brothers, sisters and (or) their affiliated persons, In accordance with the laws of the Russian Federation, they hold twenty or more per cent of shares (shares, shares); on legal persons in which he, his spouse, parents, children, brothers, sisters and (or) them Affiliated persons recognized as such under the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. A transaction in which the manager of a unitary enterprise is interested and which is committed in violation of the requirements of this article may be declared null and void in the claim of a unitary enterprise, or Owner of the property of the unitary enterprise. Article 23. A big deal 1. A major transaction is a transaction or several related transactions involving the acquisition, alienation or the possibility of alienating a unitary enterprise, directly or indirectly, with a value of more than 10 per cent of the charter A fund of a unitary enterprise or more than 50 thousand times the minimum wage established by the federal law, unless otherwise determined by federal laws or adopted in accordance with the law. Acts. (In the wording of the Federal Law of 2 July 2013) N 188-FZ 2. For the purposes of this article, the value of the property to be taken by a unitary enterprise as a result of a major transaction of property is determined on the basis of its accounting records, and the value of the property acquired by the unitary enterprise, on the basis of the price Offering of such property. 3. The decision to commit a major transaction is taken with the consent of the owner of the property of the unitary enterprise. Article 24. Loan the unitary enterprise 1. Loan by a unitary enterprise may take the form of: credit contracts with credit institutions; budget loans provided under conditions and within the limits provided by the budget OF THE PRESIDENT OF THE RUSSIAN FEDERATION A State or municipal enterprise also has the right to borrow by placing bonds or issuing notes. 2. The unitary enterprise has the right to borrow only in agreement with the owner of the property of the unitary enterprise of the volume and direction of the use of the funds involved. The procedure for borrowing by unitary enterprises is determined by the Government of the Russian Federation, the State authorities of the constituent entities of the Russian Federation or the local authorities. Article 25. The responsibility of the head of the unitary enterprise 1. The head of the unitary enterprise in the exercise of his or her rights and duties must act in the interests of the unitary enterprise in good faith and reasonably. 2. The head of the unitary enterprise shall be liable, in accordance with the law, for damages caused to the unitary enterprise by its guilty acts (omissions), including in the event of loss of the property of the unitary enterprise. 3. The owner of the property of the unitary enterprise is entitled to file a claim for damages caused to the unitary enterprise to the head of the unitary enterprise. Article 26. Monitoring of the unitary enterprise 1. The accounting records of the unitary enterprise in cases determined by the owner of the property of the unitary enterprise shall be subject to the mandatory annual audit by an independent auditor. 2. The activities of the unitary enterprise are monitored by the authority exercising the powers of the owner and other authorized bodies. 3. The unitary enterprise, at the end of the reporting period, represents the authorized bodies of the State power of the Russian Federation, the State authorities of the constituent entity of the Russian Federation or the local self-government bodies. Reports and other documents, the list of which is determined by the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation or the local authorities. Article 27. The public reporting of the unitary enterprise , the Unitary Enterprise, is obliged to publish its activities in cases provided for by federal laws or other regulatory legal acts of the Russian Federation. Article 28. Storage of unitary enterprise documents 1. The unitary enterprise is obliged to keep the following documents: constituent documents of the unitary enterprise, as well as changes and additions made to the constituent documents of the unitary enterprise and registered in the established order; decision of the owner of the property of the unitary enterprise to establish a unitary enterprise and to approve the inventory of property transferred to a unitary enterprise or to operational management, on monetary valuation a statutory fund of a State or municipal enterprise, a Other decisions related to the establishment of a unitary enterprise; document confirming the State registration of the unitary enterprise; documents confirming the rights of the unitary enterprise to the property located on the premises of the unitary enterprise its balance; internal documents of the unitary enterprise; regulations on the branch and representative offices of the unitary enterprise; decisions of the owner of the property of the unitary enterprise regarding the activities of the unitary enterprise enterprises; lists of affiliated persons Unitary enterprise; audit opinions, conclusions of public or municipal financial controls; other documents provided for by federal laws and other regulatory legal acts; The unitary enterprise, the internal documents of the unitary enterprise, the decisions of the owner of the property of the unitary enterprise and the head of the unitary enterprise. 2. The unitary enterprise shall keep the documents referred to in paragraph 1 of this article at the location of its leader or in a different charter of the unitary enterprise. 3. When the unitary enterprise is liquidated, the documents referred to in paragraph 1 of this article shall be deposited in the State archives in accordance with the procedure established by the legislation of the Russian Federation. Chapter V. RESTRUCTURING AND ERADICATION OF UNARY ENTERPRISES Article 29. Reorganization of the unitary enterprise 1. The unitary enterprise may be reorganized according to the decision of the owner of his property in accordance with the Civil Code of the Russian Federation of the Federation, by the present Federal Law and other federal laws. In cases established by federal law, the reorganization of the unitary enterprise in the form of separation or separation of one or more unitary enterprises shall be carried out pursuant to the decision of the Commissioner of a public authority or a court decision. 2. The reorganization of a unitary enterprise can take the form of: merge two or more unitary enterprises; attaching to the unitary enterprise of one or more unitary enterprises; separation of a unitary enterprise into two or more unitary enterprises; single or multiple unitary enterprise allocation from a unitary enterprise; forms of organizational and legal form in the by law or by other federal laws. 3. Unitary enterprises may be reorganized in the form of a merger or accession if their property is owned by the same owner. 4. It is not a reorganization of the change in the type of a unitary enterprise, as well as a change in the legal position of a unitary enterprise as a consequence of the transfer of ownership of his property to the other owner of State or municipal property OF THE PRESIDENT OF THE RUSSIAN FEDERATION In case of change of the type of unitary enterprise, as well as transfer of property of the unitary enterprise to another owner of state or municipal property (Russian Federation, the constituent entity of the Russian Federation or municipal) (c) The Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the The transfer of property is deemed to have been effective since the State registration of the amendments to the charter of the unitary enterprise. 5. In the case, if not otherwise provided by federal law, the property of the unitary enterprises arising from the reorganization in the form of separation or separation shall be owned by the same owner as the property of the restructured unitary enterprise. In the transformation of a executed enterprise into a state or municipal enterprise, the owner of the property of the executed enterprise for six months incurs subsidiary liability on obligations that have been transferred to the State. or a municipal enterprise. 6. The unitary enterprise is considered to be reorganized, except in cases of reorganization in the form of accession, from the date of the State registration of new legal entities. In reorganization of the unitary enterprise in the form of joining another unitary enterprise, the first one is considered to be reorganized as from the date of entry into the single State register of legal entities of the termination record Unitary Enterprise. 7. The Unitary Enterprise shall, not later than thirty days from the date of the decision on reorganization, notify in writing of this to all the creditors of the unitary enterprise and also place it in the press, in which the data on the subject is published State registration of legal entities, communication of such decision. At the same time, the creditors of the unitary enterprise shall, within thirty days from the date of the notification, or within thirty days of the publication of such decision, have the right in writing to demand termination or early execution the obligations of the unitary enterprise and its compensation. 8. State registration of newly created unitary enterprises, the introduction of a record of the termination of unitary enterprises, as well as the State registration of the amendments and additions to the statute, shall be made in the order, An established federal law on the State registration of legal persons, only in the case of proof of notification of creditors in the manner prescribed by paragraph 7 of this article. (In the wording of Federal Law 08.12.2003) N 169-FZ) If the separation balance is unable to determine the successor to a restructured unitary enterprise, the newly established unitary enterprises shall be jointly and severally liable A restructured unitary enterprise in front of its creditors is proportional to the portion of the converted unitary enterprise (s) determined in value terms. Article 30. Merger of unitary enterprises 1. The merger of unitary enterprises recognizes the creation of a new unitary enterprise, with the transfer of rights and responsibilities of two or more unitary enterprises and the termination of the latter. 2. The property of the unitary enterprise shall decide on the approval of the transfer act, the statute of the newly created unitary enterprise and the appointment of its head. 3. When a unitary enterprise is merged, the rights and obligations of each of them shall be transferred to the newly created unitary enterprise in accordance with the transfer act. Article 31. Accession to Unitary Enterprise 1. Accession to a unitary enterprise recognizes the termination of one or more unitary enterprises, with the transfer of their rights and obligations to the unitary enterprise to which accession is effected. 2. The property of the unitary enterprise shall decide on the approval of the transfer act, amend and supplement the charter of the unitary enterprise to which accession is effected and, if necessary, the appointment of a head of this unitary enterprise. 3. With the accession of one or more unitary enterprises to another unitary enterprise, the latter shall shift the rights and obligations of the attached unitary enterprises according to the transfer act. Article 32. Unitary division 1. The separation of the unitary enterprise recognizes the termination of the unitary enterprise, with the transfer of its rights and obligations to newly established unitary enterprises. 2. The property of the unitary enterprise shall decide on the approval of the balance, the statutes of the newly established unitary enterprises and the appointment of their leaders. 3. In the division of the unitary enterprise, its rights and obligations are transferred to newly established unitary enterprises in accordance with the dividing balance. Article 33. Allocation from Unitary Enterprise 1. The unitary enterprise shall recognize the establishment of one or more unitary enterprises, with the transition to each of them of the rights and obligations of the restructured unitary enterprise without terminating the latter. 2. The property of the unitary enterprise decides on the approval of the balance, the statutes of the newly established unitary enterprises and the appointment of their leaders, as well as amendments and additions to the statute of the restructured The unitary enterprise and, if necessary, the appointment of its head. 3. When one or more unitary enterprises are allocated from a unitary enterprise to each of them, they transfer part of the rights and obligations of the restructured unitary enterprise according to the dividing balance. Article 34. Converting Unitary Enterprise 1. A unitary enterprise may be transformed by a decision of the owner of its property to a state or municipal institution. The Federal State Unitary Enterprise may also be transformed into an autonomous non-profit organization. The transformation of unitary enterprises into other organizational and legal forms is carried out in accordance with the legislation of the Russian Federation on privatization. 2. The decision to transform the unitary enterprise into a state or municipal institution, the decision to transform the federal state unitary enterprise into an autonomous non-profit organization, must define the main objectives The activities of the established organization, the name of the executive authority exercising the authority of the founder of such organization, as well as the necessary measures for the transformation of the unitary enterprise. These decisions shall be taken by the Government of the Russian Federation, the authorized organ of the State authorities of the constituent entity of the Russian Federation or an authorized body of local self-government in accordance with the acts determining the competence of these bodies. The State unitary enterprise, the State unitary enterprise of the constituent entity of the Russian Federation or a municipal unitary enterprise. The Government of the Russian Federation may define additional conditions for the transformation of federal state unitary enterprises into autonomous non-commercial organizations. 3. The transformation of the unitary enterprise cannot be the basis for the termination of employment contracts with employees of the restructured unitary enterprise. (Article in the wording of Federal Law dated 18.07.2011 N 220-FZ) Article 35. Elimination of Unitary Enterprise 1. The unitary enterprise may be liquidated by decision of the owner of its property. 2. The Unitary Enterprise can also be liquidated by court decision on the grounds and in accordance with the procedure set by the Civil Code of the Russian Federation. The Federation and other federal laws. 3. The elimination of a unitary enterprise entails its termination without the transfer of rights and responsibilities in succession to other persons. 4. In the event of a decision to eliminate the unitary enterprise, the owner of the property shall be appointed by the liquidation commission. From the moment of appointment of the liquidation commission, the authority to administer the affairs of the unitary enterprise has been transferred to it. The Liquidation Commission, on behalf of the dissolved unitary enterprise, acts in court. 5. In the event that the liquidation of a State or municipal enterprise is determined to be unable to satisfy the creditors ' claims in full, the head of the enterprise or the liquidation commission shall apply to Arbitration Court with a declaration that a state or municipal enterprise is declared bankrupt. 6. The procedure for dismantling the unitary enterprise is determined by the Civil Code of the Russian Federation, by this Federal Law and other regulatory bodies. legal acts. Chapter VI: CONCLUDING AND TRANSITIONAL PROVISIONS Article 36. The entry into force of this Federal Law The present Federal Law shall enter into force on the date of its official publication. Article 37. Transitional provisions 1. Until the laws and other legal acts in force in the territory of the Russian Federation are brought into conformity with this Federal Act, the laws and other legal acts shall be applied in so far as they do not contradict the present law. The federal law. The statutes of unitary enterprises from the date of entry into force of this Federal Act shall be applied in part not contrary to this Federal Act. 2. The statutes of unitary enterprises shall be brought into conformity with the provisions of this Federal Act by 1 July 2003. 3. Established unitary enterprises prior to the entry into force of this Federal Act, subsidiaries are subject to reorganization in the form of accession to the established unitary enterprises within six months of the entry into force of this law Federal law. Article 38. To bring regulatory legal acts into compliance with this Federal Law 1. To amend Part 1 of the Civil Code of the Russian Federation (Russian Federation Assembly, 1994, N 32, art. 3301; 2002, N 12, est. (1093) The following amendments and additions: Article 48, paragraph 3, of the word "including subsidiaries", delete; second sentence of article 54, paragraph 1, amend to read: " Non-commercial names organizations and, in the cases provided by law, the names of commercial organizations shall contain an indication of the nature of the activity of the legal person. "; second paragraph 1 of article 113, paragraph 1, should be supplemented with the words", with the exception of executed persons ". enterprises "; , article 114: , paragraph 4, , to read: " 4. The procedure for the establishment of a statutory fund of an enterprise based on the right of economic responsibility is defined by the Law on State and Municipal Unitary Enterprises. "; , paragraph 7, shall be deleted; paragraph 8 shall be considered as paragraph 7; (Spconsumed by Federal Law of 05.05.2014) N 99-FZ) N 99-FZ) N 99-FZ) N 99-FZ) N 99-FZ) N 99-FZ) N 99-FZ) N 99-FZ ) Article 300, paragraph 1, after the words "right of economic management" to add "or the right of operational control". 2. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 14 November 2002 N 161-FZ