On State And Municipal Unitary Enterprises

Original Language Title: О государственных и муниципальных унитарных предприятиях

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102078835

RUSSIAN FEDERATION federal law on State and municipal unitary enterprises adopted by the State Duma October 11, 2002 year approved by the Federation Council October 30, 2002 onwards (as amended by the federal laws from 08.12.2003. N 169-FZ;
from 18.12.2006 y. N 231-FZ; from 24.07.2007 N-FZ 212;
from 01.12.2007 N 318-FZ; from 02.07.2010 N 152-FZ;
from 18/N 220-FZ; from 19/07/2011 N 246-FZ;
from 06/11/2011 N 291-FZ; from 30/11/2011 N 362-FZ;
from 03.12.2012 N 240-FZ; from 02.07.2013 N 188-FZ;
from 28.12.2013 N 396-FZ; from 05.05.2014 N 99-FL;
from 04.11.2014 N 337-FZ; from 13.07.2015 N 216-FZ;
from 23.11.2015 N 312-FZ) Chapter i. General provisions article 1. Relations regulated by the present Federal Act this federal law determines in accordance with the Civil Code of the Russian Federation on the legal status of the State unitary enterprise and municipal unitary enterprise (hereinafter also-unitary enterprise), the rights and obligations of owners of their property, the procedure for the establishment, reorganization and liquidation of the company.
Article 2. Unitary enterprise 1. Unitary enterprise recognizes the commercial organization, not with ownership of the property, set for her owner. In the form of unitary enterprises can only be instantiated by State and municipal enterprises. Property company owns the right of ownership of the Russian Federation, constituent of the Russian Federation or the municipality. On behalf of the owner of the property rights of the Russian Federation Federal State enterprise could exercise the State Atomic Energy Corporation "Rosatom", in the manner prescribed by the Federal law "on the State Atomic Energy Corporation" Rosatom ". (As amended by the Federal law of 01.12.2007 N 318-FZ) on behalf of the Russian Federation and constituent entities of the Russian Federation unitary enterprise of the owner of the property right is exercised by State authorities of the Russian Federation or the State authorities of the constituent entities of the Russian Federation in the framework of their competence, established acts, defining the status of those bodies, as well as the State Academy of Sciences in the manner laid down by federal law from August 23, 1996 N 127-FZ "on the science and State scientific and technical policy. On behalf of the owner of the property rights of the Russian Federation Federal unitary enterprise can exercise Federal State budgetary institution "National Research Center" Institute of a name of Zhukovskiy "in accordance with the Federal law" on the National Institute Research Center, n.e. Zhukovsky ". On behalf of the owner of the property rights of the Russian Federation State unitary enterprise can implement the State Corporation for space activities "Roskosmos" in the manner prescribed by the Federal law "on the State Corporation for space activities" Roskosmos ". On behalf of the owner of the property rights of the Russian Federation Federal unitary enterprise can exercise Federal State budgetary institution "National Research Centre" Kurchatov Institute ", in accordance with the Federal law" on the National Research Centre "Kurchatov Institute". (As amended by the federal laws from 06/11/2011 N 291-FZ; from 04.11.2014 N 337-FZ; from 13.07.2015 N 216-FZ; from 23.11.2015 N 312-FZ) on behalf of the owner of the property rights of the municipal unitary enterprise carry out local government bodies within their competence, established acts, defining the status of those bodies.
Property company owns the right of economic conducting or the right of operative management, is indivisible and cannot be distributed on deposits (shares, shares), including employees of the company.
Unitary enterprise does not have the right to establish as a legal person by another unitary enterprise by handing over a part of its assets (a subsidiary).
Unitary enterprise can, on its own behalf acquire and exercise property and personal non-property rights, bear responsibilities, act as a plaintiff and defendant in court.
Unitary enterprise must have its own balance sheet.
2. In the Russian Federation are established and operate the following types of unitary enterprises: unitary enterprises, based on the right of economic management, Federal State enterprise and the State enterprise of a constituent entity of the Russian Federation (hereinafter also referred to as State Enterprise), municipal Enterprise;
unitary company based on operational management, Federal State enterprise, State-owned enterprise in constituent entities of the Russian Federation, municipal State Enterprise (hereinafter also-owned enterprise).
3. Unitary Enterprise must have a round seal with its full name in Russian and an indication of the location of a unitary enterprise. Printing company can hold its brand name in the languages of the peoples of the Russian Federation and (or) foreign language.

Unitary enterprise is entitled to have stamps and letterheads with its brand name, emblem, as well as duly registered trademark and other means of individualization.
4. the establishment of unitary enterprises based on property owned by the Russian Federation, constituent entities of the Russian Federation or municipalities are not allowed.
Article 3. The legal capacity of a unitary enterprise 1. Unitary enterprise can have civil rights corresponding to the object and purpose of its activities provided for in the Charter of the company, and bear the related responsibilities.
2. Unitary Enterprise is considered to be established as a legal entity from the date of making the appropriate entry in the unified State Register of legal entities with the characteristics established in article 10 hereof.
Unitary enterprise is created without term limits, unless otherwise stipulated by its Charter.
Unitary enterprise may in the prescribed manner open bank accounts within the territory of the Russian Federation and abroad.
State or municipal Enterprise until the completion of the formation of the authorized Fund of property owner does not have the right to make transactions that are not associated with the establishment of State or municipal enterprise.
3. individual activities, a list of which is determined by the Federal law, the unitary enterprise may be carried out only on the basis of the license.
Article 4. Brand name company and location 1. Unitary enterprise must have a full name and is entitled to have the abbreviated name in the Russian language. Unitary enterprise is entitled to have full and (or) abbreviated name in the languages of the peoples of the Russian Federation and (or) foreign language.
Full name of the State or municipal enterprises in the Russian language must contain the words "Federal State Enterprise", "State Enterprise" or "municipal enterprise" and the owner of his property, the Russian Federation, constituent entity of the Russian Federation or the municipality.
Full name in Russian Treasury Enterprise shall contain the words "Federal State Enterprise", "State Enterprise" or "municipal-owned enterprise" and the owner of his property, the Russian Federation, constituent entity of the Russian Federation or the municipality.
The brand name of a unitary enterprise in the Russian language and in the languages of the peoples of the Russian Federation may contain foreign loanwords in Russian transcription or in transcriptions of languages of peoples of the Russian Federation, except for terms and acronyms, reflecting the organizational-legal form of the unitary enterprise. (As amended by federal law from 18.12.2006 y. N 231-FZ) other requirements to name a unitary enterprise establishes the Civil Code of the Russian Federation. (The paragraph is supplemented by federal law from 18.12.2006 y. N 231-FZ)
2. Location of a unitary enterprise is determined by the place of its State registration.
3. Unitary Enterprise must have a postal address to which the contact with him, and is obliged to notify change of mailing address of the authority responsible for the State registration of legal entities.
Article 5. Branches and representations of unitary enterprise 1. Unitary enterprise by agreement with the owner of his property may establish branches and representations.
The creation of a unitary enterprise branches and opening of representative offices on the territory of the Russian Federation carried out in compliance with the requirements of this federal law and other federal laws, and outside the territory of the Russian Federation in accordance with the legislation of the foreign State in the territory of which the branches or representative offices are opened a unitary enterprise, unless otherwise stipulated by international treaties of the Russian Federation.
2. Affiliated unitary enterprise is its separate subdivision, located outside the company and carrying out all or part of its functions, including the function of representation.
3. Mission of the company is its separate subdivision, located outside the company, representing a unitary enterprise and carrying out their defense.
4. branch and Representative Office of company are not legal entities and operate on the basis of the approved unitary enterprise provisions. Branch and representation of vested property created their unitary enterprise.
The head of the branch or representative office of a unitary enterprise is assigned a unitary enterprise and acts on the basis of his power of attorney. Upon termination of the employment contract with the head of the branch or representative office the power of Attorney must be abolished, by the unitary enterprise.

Branch and representation of a unitary enterprise operate on behalf of the company that created them. Responsible for the activities of the branch and representative offices of a unitary enterprise bears created their unitary enterprise.
5. the Charter company shall contain information about its branches and representative offices. Messages about changes in the Charter of a unitary enterprise information about its branches and representative offices shall be submitted to the authority responsible for the State registration of legal persons. The changes in the Charter of the company shall enter into force for third parties from the date of notification of such changes to the authority responsible for the State registration of legal persons.
Article 6. Part of unitary enterprises in commercial and non-commercial organizations 1. Unitary enterprises can be participants (members) of commercial organizations, as well as non-profit organizations in accordance with the Federal law allowed the participation of legal entities.
Unitary enterprises may not serve the founders of (or participants in) the credit institutions.
2. The decision on the participation of unitary enterprise into a commercial or non-profit organization may be accepted only with the consent of the owner of the property company.
The disposal of the investment (shares) in the company's Charter capital (aggregate) of a company or the partnership, as well as belonging to the unitary enterprise shares unitary enterprise is carried out only with the consent of the owner thereof.
Article 7. Liability company 1. Unitary enterprise is liable for its obligations with all property belonging to him.
Unitary enterprise does not bear liability for the obligations of the owner of the property (the Russian Federation, constituent entities of the Russian Federation, the municipality).
2. the Russian Federation, constituent entity of the Russian Federation, the municipality shall not bear liability for the obligations of the State or municipal enterprises, except if the insolvency (bankruptcy) of the company caused the owner of its property. In these cases, on the owner in case of insufficiency of the property of the State or municipal enterprise may be assigned subsidiary liability for its obligations.
3. the Russian Federation, constituent entities of the Russian Federation or municipalities bear subsidiary liability for the obligations of its State enterprises, with the failure of their property.
Chapter II. The ESTABLISHMENT of a UNITARY ENTERPRISE Article 8. The establishment of a unitary enterprise 1. The founder of the unitary enterprise can speak Russian Federation, constituent entity of the Russian Federation or the municipality.
2. The decision to establish a federal State enterprises was adopted by the Government of the Russian Federation or federal authorities in accordance with the acts governing the competence of such bodies.
Decision on the establishment of a subsidiary of the State Academy of Sciences of the Federal State enterprise was adopted by National Academy of science, which is carrying out on behalf of the Russian Federation the powers of the founder of this company and owner accorded to him by the federal property.
Decision on the establishment of a State enterprise in constituent entities of the Russian Federation or of the municipal enterprise was adopted authorized organ of State power of constituent entities of the Russian Federation or a body of local self-government in accordance with the acts governing the competence of such bodies.
(Paragraph as amended by federal law from 03.12.2012 N 240-FZ)
3. Federal State enterprise is established by the decision of the Government of the Russian Federation.
State-owned enterprise in constituent entities of the Russian Federation shall be established by a decision of a public authority of the Russian Federation, in accordance with the acts that define the status of this body have the right to take such a decision.
Municipal-owned enterprise is established by the decision of the local authority, in accordance with the acts that define the status of this body have the right to take such a decision.
4. State or municipal enterprise may be created in case of need the use of property, privatization of which is prohibited, including property, which is essential to ensuring the security of the Russian Federation;
the need to implement activities to address social issues (including implementation of certain goods and services at the lowest cost), as well as the Organization and conduct of the procurement and cash interventions to ensure the food security of the State;
the need to implement activities under federal laws exclusively for State unitary enterprises;
the need to carry out scientific and technical activities in the sectors related to the security of the Russian Federation;

the need for the development and manufacture of individual products, which is in the interests of the Russian Federation and ensuring the security of the Russian Federation;
the need for certain types of products withdrawn from circulation or of limited oborotosposobnoj.
State-owned enterprise can be created in the following cases: If the dominant or most of the manufactured products, performed works, rendered services is designed to provide federal needs, needs of a constituent entity of the Russian Federation or municipal needs; (As amended by the Federal law of 28.12.2013 N 396-FZ) need to use property, privatization of which is prohibited, including equipment needed to ensure the security of the Russian Federation, the functioning of air, rail and water transport, realization of the strategic interests of the Russian Federation;
the need to implement activities for the production of goods, works and services implemented by established State prices in order to solve social problems;
the need for the development and production of individual types of products, ensuring safety of the Russian Federation;
the need for certain types of products withdrawn from circulation or of limited oborotosposobnoj;
the need to implement certain subsidized activities and maintain unprofitable industries;
the need to implement activities under federal laws exclusively for State enterprises.
5. The decision on the establishment of a unitary enterprise must determine the purpose and subject of activity unitary enterprise.
Procedure for determining the composition of the assets, fixed for a unitary enterprise on the right of economic conducting or the right of operative administration, as well as the procedure for the approval of the Charter company and contract with its head shall be established by the Government of the Russian Federation, authorized bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government against federal State enterprises, the rights of the owner of the property which are carried out in accordance with the Federal law of December 1, 2007 year N 317-ФЗ "about the State Atomic Energy Corporation" Rosatom " -State Atomic Energy Corporation "Rosatom", in respect of State unitary enterprises, the rights of the owner of the property which are carried out in accordance with the Federal law "on the State Corporation for space activities" Roskosmos "State Corporation for space activities" Roskosmos ". (As amended by the Federal law of 13.07.2015 N 216-FZ) value of the property, fixed for a unitary enterprise on the right of economic conducting or the right of operative administration, at its establishment shall be determined in accordance with the law on evaluation activities.
Article 9. The Charter company 1. The founding document of a unitary enterprise is its Charter.
2. the statutes of unitary enterprises shall be approved by the authorized State bodies of the Russian Federation, governmental bodies of the constituent entities of the Russian Federation and bodies of local self-government against federal state unitary enterprises, the rights of the owner of the property which are carried out in accordance with the Federal law of December 1, 2007 year N 317-ФЗ "about the State Atomic Energy Corporation" Rosatom ", the State Atomic Energy Corporation" Rosatom ", in relation to federal state unitary enterprises owners of property rights, which are carried out in accordance with article 6 of the Federal law dated August 23, 1996 N 127-FZ "about the science and State scientific and technical policy, State academies of science. Statutes of unitary enterprises, the rights of the owner of the property which are carried out in accordance with the Federal law on national research center "Institute of a name of Zhukovskiy", approved by the Federal State budgetary institution "National Research Center" Institute of a name of Zhukovskiy ". The statutes of State unitary enterprises, the rights of the owner of the property which are carried out in accordance with the Federal law "on the State Corporation for space activities" Roskosmos ", approved by the State Corporation for space activities" Roskosmos ". Statutes of unitary enterprises, the rights of the owner of the property which are carried out in accordance with the Federal law "on the National Research Centre" Kurchatov Institute ", approved by the Federal State budgetary institution" National Research Centre "Kurchatov Institute". (As amended by the federal laws from 06/11/2011 N 291-FZ; from 04.11.2014 N 337-FZ; from 13.07.2015 N 216-FZ; from 23.11.2015 N 312-FZ) 3. The Charter company should contain: full and abbreviated names of a unitary enterprise;
specifying the location of a unitary enterprise;
purpose, subject of a unitary enterprise activities;

information about body or bodies exercising powers of the unitary enterprise of the owner of the property;
the name of the company (Manager, Director, Director General);
the procedure for the appointment of the head of the company and also the procedure of signing with them, change and termination of an employment contract in accordance with the labour legislation and other standards containing labour law normative legal acts;
list of funds generated by a unitary enterprise sizes, order of formation and use of these funds;
other rights stipulated by this federal law information.
4. the Constitution of the State or municipal enterprises in addition to the information referred to in paragraph 3 of this article should contain information about the size of its statutory fund, on the order and on the sources of its formation, as well as on the use of profits.
5. the Statute of the State enterprises in addition to the information referred to in paragraph 3 of this article should contain information about the distribution and use of income accounts of the State enterprises.
6. the Charter of a unitary enterprise can also contain other do not contradict this federal law and other provisions of federal law.
7. amendments to the statutes of the company, including the approval of the Charter in New Edition, is subject to a decision of a public authority of the Russian Federation, the State Atomic Energy Corporation "Rosatom", public corporation for space activities "Roskosmos" State Academy of Sciences, Federal State budgetary institution "National Research Center" Institute of a name of Zhukovskiy "Federal State budgetary institution" National Research Centre "Kurchatov Institute", a public authority of the Russian Federation or of the local self-administration bodies authorized to approve Charter company. (As amended by the Federal law of 01.12.2007 N 318-FZ; from 06/11/2011 N 291-FZ; from 04.11.2014 N 337-FZ; from 13.07.2015 N 216-FZ; from 23.11.2015 N 312-FZ) changes made to the statute or Charter of the unitary enterprise unitary enterprise in the new edition are subject to state registration in accordance with article 10 of the Federal law for State registration of unitary enterprise.
Changes made to the statute or Charter of the unitary enterprise unitary enterprise in the new edition become effective for third parties upon their State registration, and in cases stipulated by this federal law, the notification authority responsible for the State registration of legal persons.
Article 10. State registration of unitary enterprise 1. Unitary enterprise is subject to state registration at the body exercising the State registration of legal persons, in the manner prescribed by the Federal law on State registration of legal entities. (As amended by the Federal law dated 08.12.2003. N 169-FZ)
2. For State registration of unitary enterprise provided the decision of authorized State body of the Russian Federation, authorized State body of a constituent entity of the Russian Federation or local authority on the establishment of a unitary enterprise, the Charter company, information about the composition and value of the property, fixed it on the right of economic conducting or the right of operative management.
Chapter III. Property and AUTHORIZED FUND of a UNITARY ENTERPRISE Article 11. Property of the unitary enterprise 1. Property of a unitary enterprise is formed by: property assigned for unitary enterprise on the right of economic conducting or the right of operative management of the owner of the property;
revenue from its enterprise activities;
other not contradicting sources.
2. The right to property, due to the unitary enterprise Dockable on the right of economic conducting or the right of operative administration of the property owner, arises from the moment of transfer of such property owned, unless otherwise provided by federal law or is not established by the decision of the owner on the transfer of property owned.
Features of the exercise of the right of economic management and operational management of rights in respect of immovable property situated outside the Russian Federation and which is federal property, and securities, shares, shares in outside the Russian Federation entities shall be established by the Government of the Russian Federation.
3. in case of transfer of ownership of the State or municipal enterprise as a property complex to another owner of State or municipal property, such an enterprise retains the right of economic conducting or the right of operative management to the property belonging to it.
Article 12. Statutory fund of the company 1. The statutory fund of the State or municipal enterprise is determined by the minimum size of his property, guaranteeing the interests of the creditors of such enterprise.

2. The statutory fund of the State or municipal enterprise may be formed at the expense of money and securities, other things, property rights and other rights having monetary value.
The size of the authorized Fund of the State or municipal enterprise is defined in rubles.
3. the amount of the statutory fund of a State Enterprise shall not be less than five thousand times the minimum wage, established by the Federal law on the date of State registration of a public enterprise.
Authorized share capital municipal enterprises shall be not less than one thousand times the minimum wage, established by the Federal law on the date of State registration of municipal enterprises.
4. Federal laws or other normative legal acts can be defined types of property which may identify the authorized Fund of the State or municipal enterprise.
5. the municipal Enterprise authorized Fund is not generated.
Article 13. The formation of the statutory fund 1. Statutory fund of the State or municipal enterprise should be completely formed the owner of its assets within three months from the moment of State registration of such enterprise.
2. The statutory fund is considered to be formed from the moment of crediting the respective sums of money to the newly opened bank account for this purpose and (or) transmission in the prescribed manner to a State or municipal enterprise to another property, fixed it on the right of economic management, in full.
Article 14. The increase in the authorized Fund of 1. The increase in the authorized Fund of the State or municipal enterprises shall be permitted only after its formation in full, including after the transfer to a State or municipal enterprise of real estate and other property intended for placing him on the right of economic management.
2. Increase the authorized Fund of the State or municipal enterprise may be at the expense of advanced passed the property owner, as well as the proceeds derived from the activities of such enterprises.
3. A decision to increase statutory fund of the State or municipal enterprise may be taken by the owner of his property only on the basis of the data of the approved annual financial statements of this company for the past financial year.
The size of the authorized Fund of the State or municipal enterprises, taking into account the size of its reserve fund, may not exceed the value of the net assets of such an undertaking.
4. Simultaneously with the adoption of a decision to increase statutory fund of the State or municipal enterprises, the owner of his property shall decide on making the appropriate changes in the Charter of such enterprise.
Documents for State registration made to the Statute of the State or municipal enterprise changes in connection with the increase of its statutory fund, as well as documents confirming the increase in the authorized Fund of the State or municipal enterprises, should be submitted to the authority responsible for the State registration of legal persons.
Failure to submit the documents referred to in this paragraph shall be a ground for refusal in State registration has been made in a State or municipal Enterprise Charter changes.
Article 15. Reduction of the authorized Fund of 1. The owner of the property of the State or municipal enterprise may, in cases prescribed by this article, shall be obliged to reduce the authorized capital of such enterprises.
Statutory fund of the State or municipal enterprise may not be reduced, if as a result of this reduction in its size becomes less defined in accordance with this federal law, the minimum amount of the authorized Fund.
2. If at the end of the financial year the net asset value of State or municipal enterprise is less than the size of its statutory fund, the owner of the property of such enterprise is obliged to take a decision on the decrease of the amount of the authorized Fund of the State or municipal enterprise to be no greater than the value of its net assets, and register these changes in the manner prescribed by this Federal law.
If at the end of the financial year the net asset value of State or municipal enterprise is less than prescribed by this federal law as at the date of State registration of the minimum amount of the authorized Fund and within three months the net asset value will not be restored until the minimum amount of the authorized Fund, the owner of the property whether public or municipal enterprises must take a decision on the liquidation or reorganization of such enterprise.

The net asset value of State or municipal Enterprise shall be determined according to accounting in order, established by the Government of the Russian Federation authorized federal body of executive power. (As amended by the Federal law dated 30/11/2011 N 362-FZ)
3. If, in the cases provided for in this article, the owner of the property of a public or municipal enterprises within six calendar months after the end of the fiscal year does not take a decision on the decrease of the authorized Fund, about restoring the size of net assets up to the minimum amount of the authorized Fund of the liquidation or reorganization of State or municipal enterprises, the lenders have the right to demand from State or municipal Enterprise termination or early performance of obligations and compensation for the damages inflicted.
4. within thirty days from the date of adoption of the decision on the reduction of its authorized Fund of the State or municipal Enterprise shall in writing notify all known creditors on reduction of its authorized Fund and its new size, and publish in the Gazette, which publishes data on State registration of legal entities, the communication of the decision. While lenders State or municipal enterprise may within thirty days from the date of notification of the decision or within thirty days from the date of publication of the communication require termination or early performance of obligations of State or municipal enterprises, and compensation for damages.
State registration of the reduction of the authorized Fund of the State or municipal enterprise is carried out only when presenting such evidence company notifying creditors in the manner prescribed by this paragraph.
Article 16. Reserve Fund and other funds of the company 1. Unitary enterprise at the expense of the remaining net profit before it creates the reserve fund in accordance with the procedure and in the amounts provided for by the Charter company.
The contingency fund is used exclusively to cover the losses of the unitary enterprise.
2. Unitary Enterprise expense net profit also creates other funds in accordance with their listing and in the manner provided for by the Charter company.
Funds credited in such funds, may be used only on unitary enterprise objectives, certain federal laws, other normative legal acts and the Charter company.
Article 17. The manner in which the owner of the property company rights to profit from the use of property owned by the unitary enterprise 1. The owner of the property of the State or municipal enterprise has the right to receive part of the profits from the use of property that is in economic management of such enterprise.
2. State or municipal Enterprise annually lists the relevant budget for the remaining part of the profit at its disposal after payment of taxes and other obligatory payments, in the manner and within the time limits, which are determined by the Government of the Russian Federation, authorized bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government.
2-1. The Federal State enterprise, the right of the owner of the property which are carried out in accordance with the Federal law of December 1, 2007 year N 317-ФЗ "about the State Atomic Energy Corporation" Rosatom "or the Federal law" on the State Corporation for space activities "Roskosmos", part of the profit remaining at their disposal after payment of taxes and other obligatory payments, transfer income, respectively, of the State Atomic Energy Corporation "Rosatom" or State Corporation for space activities "Roskosmos" in order , in the amount and within the time frame established by these public corporations in accordance with the federal laws. (Para supplemented by federal law of 01.12.2007 N 318-FZ) (As amended by the Federal law of 13.07.2015 N 216-FZ)
3. the order of income distribution Treasury Enterprise shall be determined by the Government of the Russian Federation, authorized bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government.
Article 18. Disposition of the property of a public or municipal enterprises 1. State or municipal Enterprise disposes of movable property belonging to him by right of economic management, independently, except for the cases stipulated by this federal law, other federal laws and other regulatory legal acts.

2. State or municipal enterprise may not sell his immovable property, rent it out, give in pledge to contribute as a contribution into authorized (total) capital of a company or partnership, or otherwise dispose of such property without the consent of the owner of the property of the State or municipal enterprise.
3. Movable and immovable property of the State or municipal Enterprise manages only within, not to deprive him of the possibility to carry out activities, objectives, the subject of which is defined by the Charter of such enterprise. Transactions committed by the State or municipal enterprise in violation of this requirement are void.
4. State or municipal enterprise may not without the consent of the owner to make transactions associated with the provision of loans, guarantees, obtaining bank guarantees with other property encumbrance, assignment requirements, transfer of debt as well as a simple partnership contracts.
The Charter of State or municipal enterprise may be provided for species and (or) size of other transactions, which cannot be carried out without the consent of the owner of the property of such enterprise.
5. State or municipal enterprise, which is the leaseholder of the land plot located in State or municipal property, is not entitled to: 1) to lease such land in sublease, except in the case provided for in paragraph 6 of this article, as well as plots (including artificial plots, established in accordance with the Federal law "About artificial plots established on water bodies that are federal property, and on amendments to some legislative acts of the Russian Federation") within the boundaries of the seaports; (As amended by the federal laws on 02.07.2010 N 152-FZ; from 19/07/2011 N 246-FZ) 2) to transfer its rights and obligations under a lease contract to others (perenaem), except in the case provided for in paragraph 6 of this article; (As amended by federal law from 02.07.2010 N 152-FZ) 3) to give the lease rights in the collateral;
4) make lease rights as a contribution to the share capital of business partnerships and companies or as a shareholding in the production cooperative. (Para supplemented by federal law from 24.07.2007 N 212-FZ)

6. State or municipal enterprise, which is the leaseholder of the land plot located in State or municipal ownership, with the consent of the owner of the property of such enterprise shall deliver the specified land or part thereof in the sublease or transfers its rights and obligations under a contract of lease of lot land, or any portion thereof to the concessionaire if the concession agreement provided for the use of specified land or part thereof in order to create and (or) reconstruction of the object of the concession agreement and (or) other koncedentom passed to the concessionaire under the concession agreement, the property or the implementation of the concessionaire activities under the concession agreement. (Para supplemented by federal law from 02.07.2010 N 152-FZ)
7. In the case provided for in the legislation of the Russian Federation on concession agreements, State or municipal enterprise involved on the side of the concession grantors in the obligations under the concession agreement and implements individual powers concession grantors, stipulated by the concession agreement. (Para supplemented by federal law from 02.07.2010 N 152-FZ) Article 19. Disposition of Treasury Enterprise 1. Federal State Enterprise shall have the right to alienate or otherwise dispose of property, belonging to him only with the consent of the Government of the Russian Federation or federal body of executive power.
State-owned enterprise in constituent entities of the Russian Federation shall have the right to alienate or otherwise dispose of property, belonging to him only with the consent of the authorized body of State power of constituent entities of the Russian Federation.
Municipal-owned enterprise shall have the right to alienate or otherwise dispose of property, belonging to him only with the consent of the authorized body of local self-government.
The Charter of State enterprises may be provided for species and (or) size of other transactions, which cannot be carried out without the consent of the owner of the property of such enterprise.
State-owned enterprise sells manufactured products (works, services), unless otherwise stipulated by federal laws or other normative legal acts of the Russian Federation.
2. A Treasury Enterprise shall have the right to dispose of property, belonging to him, including the consent of the owner of such property only from within, do not deprive him of the possibility to carry out the activity object and purpose which determined the Charter of such enterprise. The activities of State enterprises is carried out in accordance with the estimated income and expenditure approved by the owner of the property of the State enterprises.

3. A Treasury enterprise, which is the leaseholder of the land plot located in State or municipal property, is not entitled to: 1) lease such land sublet;
2) to transfer its rights and obligations under the lease agreement to other persons (perenaem);
3) to give the lease rights in the collateral;
4) make lease rights as a contribution to the share capital of business partnerships and companies or as a shareholding in the production cooperative. (Para supplemented by federal law from 24.07.2007 N 212-FZ), chap. IV. UNITARY ENTERPRISE MANAGEMENT Article 20. The right of the owner of the property company 1. Property owner of a unitary enterprise in respect of the enterprise: 1) shall decide on the establishment of a unitary enterprise;
2) defines the purpose, subject of a unitary enterprise activities, as well as giving consent to a unitary enterprise in associations and other unions of commercial organizations;
3) defines procedures for the preparation, adoption and establish indicators plans (programme) financial and economic activity of the enterprise;
4) approves the Charter of a unitary enterprise, it makes changes, including approves the Charter of a unitary enterprise in the new edition;
5) makes a decision on reorganization or liquidation of a unitary enterprise in the manner prescribed by law, appoint a liquidation Commission and approve liquidation balance sheets of a unitary enterprise;
6) forms the statutory fund of the State or municipal Enterprise;
7) appoints the head of the company, finds him, changes and terminates the employment contract in accordance with the labour legislation and other standards containing labour law normative legal acts;
8) coordinates the hiring of Chief Accountant of a unitary enterprise, the conclusion with them, change and termination of an employment contract;
9) approves financial statements, and reports of a unitary enterprise;
10) gives its consent to the disposal of real property, and in cases stipulated by federal laws, other normative legal acts or by the unitary enterprise, other transactions;
11) shall oversee the use and preservation of unitary enterprise-owned property;
12) approves the economic effectiveness of unitary enterprises and supervises their implementation;
13) gives its consent to the establishment of branches and opening of representative offices of the company;
14) agrees to participate in other company entities;
15) gives its consent in cases stipulated by this federal law, to commit major transactions, transactions in which there is interest, and other transactions;
16) makes decisions on audits, approves the auditor and determines the size of payment for his services;
16-1) in the case provided for in the legislation of the Russian Federation on concession agreements, decides to implement State or municipal unitary enterprise individual authority concession grantors; (Supplemented by federal law from 02.07.2010 N 152-FZ) 17) has other rights and has other duties determined by the legislation of the Russian Federation.
2. the owner of property Treasury enterprise in addition to the powers referred to in paragraph 1 of this article, shall be entitled to withdraw from the Treasury Enterprise: unwanted, unused or used for purposes other than as intended;
bring to a Treasury Enterprise binding orders for the supply of goods, works and services for public or municipal needs; (As amended by the Federal law of 28.12.2013 N 396-FZ) approve the estimate of revenues and expenditures of public enterprises.
3. The owner of the property company has the right to go to court with claims for avoidable transactions with the property company to be invalid, as well as the requirement for application of the consequences of the invalidity of a void transaction in cases stipulated by the Civil Code of the Russian Federation and the present Federal law.
4. Property owner of a unitary enterprise has the right to recover property of the unitary enterprise from another's unlawful possession.
5. the power of the owner of the property the federal Treasury enterprise creation, reorganization and liquidation of a federal State enterprises, the adoption of the Charter and amend the Charter of such enterprise carried out by the Government of the Russian Federation.
Other powers of the owner of the property the federal government enterprises are carried out by the Government of the Russian Federation, authorized federal executive bodies or public corporation for space activities "Roskosmos". (As amended by the Federal law of 13.07.2015 N 216-FZ) Entitlement of the owner of the property company whose property is owned by the Russian Federation, may not be transferred to the Russian Federation constituent of the Russian Federation or the municipality.

The powers of the owner of the property company whose property is owned by the subject of the Russian Federation, may not be transferred to the subject of the Russian Federation the Russian Federation, a constituent of the Russian Federation or the municipality.
The powers of the owner of the property company whose property is owned by the municipality, may not be transferred to a municipal entity of the Russian Federation, constituent of the Russian Federation or other municipality.
Article 20-1. Especially the realization of the rights of the owner of the property of the Federal State unitary enterprises of the nuclear industry and subordinated public academies of Sciences federal state unitary enterprises 1. The owner of the property rights of federal state unitary enterprises of the nuclear industry and how these rights are governed by the provisions of this federal law, taking into account the peculiarities stipulated by the Federal law of December 1, 2007 year N 317-ФЗ "about the State Atomic Energy Corporation" Rosatom ".
2. the rights of the owner of the property of subordinate State academies of Sciences federal state unitary enterprises are carried out in accordance with the provisions of this federal law, taking into account the peculiarities stipulated by the Federal law of August 23, 1996 N 127-FZ "on the science and State scientific and technical policy."

(Article supplemented by federal law of 01.12.2007 N 318-FZ; as amended by the Federal law dated 06/11/2011 N 291-FZ), Article 21. The head of the unitary enterprise 1. The head of the unitary enterprise (Director, ceo) is the sole executive body of the company. The head of the company is appointed by the owner of the property company. The head of a unitary enterprise is accountable to the owner of the assets of unitary enterprises.
The head of the company acts on behalf of the company without a power of Attorney, including represents its interests, commits the transaction in accordance with established procedure on behalf of the company, approve the structure and staffing of the unitary enterprise, implements hiring employees of such enterprises, concludes with them, changes and terminates contracts, issues orders, issues powers of Attorney in the manner prescribed by the legislation.
The head of the unitary enterprise organizes execution of decisions of the owner of the property company.
2. the head of the unitary enterprise may not be the founder (participant) of a legal person, occupy positions and engage in other paid activities in State and local self-government bodies, commercial and non-commercial organizations, except teaching, scientific and other creative activities, engage in entrepreneurial activity, be the sole executive body or a member of a collegial executive body of a commercial organization, unless participation in bodies of a commercial organization is included in the duties of the head and take part in strikes.
The head of a unitary enterprise is subject to appraisal in the manner prescribed by the owner of the property company.
3. the head of the unitary enterprise reports on the activities of the enterprise in the manner and within the period defined by the owner of the property company.
4. In the cases provided for by federal laws and issued in accordance with the legal acts in unitary enterprise can be formed consultative bodies (scientific, pedagogical, scientific, technical tips, and others). The Charter of a company must be defined the structure of such bodies, their composition and competence.
Article 22. Interest in execution of unitary enterprise transactions 1. The deal, in which there is interest head unitary enterprise cannot be committed unitary enterprise without the consent of the owner of the property company.
The head of a unitary enterprise is recognized by interested in committing a unitary enterprise transaction in cases, if he, his spouse, parents, children, brothers, sisters and (or) their affiliates, recognized as such in accordance with the legislation of the Russian Federation is a party to the transaction or act in the interests of third parties in their relations with the unitary enterprise;
own (individually or jointly) twenty percent or more of shares (shares) of a legal entity which is a party to the transaction or acting in the interests of third parties in their relations with the unitary enterprise;
occupy posts in the administration of the legal entity which is a party to the transaction or acting in the interests of third parties in their relations with the unitary enterprise;
other Charter company cases.
2. the head of the unitary enterprise should bring to the attention of the owner of the property company information:

of legal persons, in which he, his spouse, parents, children, brothers, sisters and (or) their affiliates, recognized as such in accordance with the legislation of the Russian Federation, own twenty percent or more of shares (shares) in the aggregate;
of legal persons, in which he, his spouse, parents, children, brothers, sisters and (or) their affiliates, recognized as such in accordance with the legislation of the Russian Federation, held positions in Government;
known him committed or anticipated transactions of which it can be recognized as interested.
3. a transaction in which there is interest and unitary Enterprise Manager which is made in compliance with the requirements provided for in this article may be invalidated on the suit of a unitary enterprise or the owner of the property company.
Article 23. Big deal 1. Major transaction is a transaction or several interrelated transactions involving the acquisition, alienation or estrangement unitary enterprise directly or indirectly property the value of which is more than ten percent of the statutory fund of a unitary enterprise or more than 50 thousand times above the Federal minimum wage law unless otherwise stipulated by federal laws or adopted in accordance with the legal acts. (As amended by the Federal law of 02.07.2013 N 188-FZ)
2. For the purposes of this article, the cost of alienable unitary enterprise as a result of a major transaction property is determined on the basis of the data of its accounting and the cost of the acquired property unitary enterprise on the basis of the bid price of such property.
3. the decision of the Commission of a major transaction was adopted with the consent of the owner of the property company.
Article 24. Borrowing unitary enterprise 1. Borrowing a unitary enterprise may take the form of: loans under contracts with credit institutions;
budget loans granted under the conditions and within the limits envisaged by the budgetary legislation of the Russian Federation.
State or municipal enterprise also has the right to borrow through bonds or the issuance of promissory notes.
2. Unitary Enterprise has the right to borrow only upon agreement with the owner of the property of the unitary enterprise volume and use of funds. Procedure for the exercise of borrowing unitary enterprises shall be determined by the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government.
Article 25. Responsibility of the head of a unitary enterprise 1. The head of the company in the exercise of their rights and duties shall act in the best interest of the company in good faith and reasonably.
2. the head of the company in accordance with the law shall bear responsibility for the damages caused by the unitary enterprise it guilty of actions (inaction), including the loss of a unitary enterprise.
3. the owner of property has the right to sue the company for damages caused by the unitary enterprise, the head of the company.
Article 26. Supervision of a unitary enterprise 1. Accounting company in cases defined by the owner of the property shall be subject to mandatory unitary enterprise annual audit by an independent auditor.
2. Monitoring of the activities of the company is carried out by the body responsible for the owner's authority, and other authorized bodies.
3. Unitary Enterprise at the end of the reporting period is the authorized State bodies of the Russian Federation, bodies of State power of constituent entities of the Russian Federation or local government accounting records and other documents, a list of which is determined by the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government.
Article 27. Public reporting of a unitary enterprise unitary enterprise is obliged to publish reports on its activities in the cases provided for by federal laws or other normative legal acts of the Russian Federation.
Article 28. Document storage company 1. Unitary enterprise is obliged to keep the following documents: the founding documents of the company, as well as changes and additions to the constituent documents of the company and registered in the established order;
the decision of the owner of the property of a unitary enterprise on the establishment of a unitary enterprise and on approval of the list of the property passed to the unitary enterprise in economic management or operative management, about monetary evaluation of the authorized Fund of the State or municipal enterprises, as well as other decisions related to the creation of a unitary enterprise;

document confirming the State registration of the enterprise;
documents proving the right of a unitary enterprise on the assets on its balance sheet;
internal documents of the company;
provisions on branches and representative offices of the company;
the decision of the owner of the property company, relating to the activities of the company;
lists of affiliated persons of the company;
audit opinions, conclusions state or municipal bodies of financial control;
other documents stipulated by federal laws and other regulatory legal acts, the Charter company, internal documents of the company, the decisions of the property owner and Manager of a unitary enterprise unitary enterprise.
2. Unitary Enterprise keeps the documents referred to in paragraph 1 of this article, on the location of its head or in other particular Charter company site.
3. upon liquidation of enterprise documents referred to in paragraph 1 of this article shall be deposited in the State archive in the order established by the legislation of the Russian Federation.
Chapter v. reorganization and liquidation of UNITARY ENTERPRISES Article 29. Reorganization of the company 1. Unitary enterprise can be reorganized to address the owner of his property in the manner provided for in the Civil Code of the Russian Federation, this federal law and other federal laws.
In cases stipulated by the Federal law, reorganization of a unitary enterprise in the form of separation or discharge from its members one or more unitary enterprises is carried out on the basis of the decision of the authorized State body or a court decision.
2. reorganization of a unitary enterprise can be implemented in the form: merge two or more unitary enterprises;
adherence to the unitary enterprise of one or more unitary enterprises;
separation of unitary enterprise on two or more unitary enterprises;
selection of unitary enterprise of one or more unitary enterprises;
convert the unitary enterprise into a legal person of a different legal form in stipulated by this federal law or other federal laws cases.
3. Unitary enterprises can be reorganized in the form of a merger or of accession if their property is owned by the same owner.
4. Is not a reorganization to change the appearance of a unitary enterprise, as well as changing the legal position of the company as a result of transfer of property rights on his property to another owner of State or municipal property (Russian Federation, constituent of the Russian Federation or a municipality).
In the event of a change in the type of unitary enterprises, as well as the transfer of the assets of unitary enterprise to another owner of State or municipal property (Russian Federation, constituent of the Russian Federation or municipality) to the Charter company made the appropriate changes.
The transfer of property is considered from the moment of State registration made to the Charter of the company changes.
5. Except as otherwise provided by federal law, the assets of unitary enterprises, arising as a result of reorganization in the form of separation or discharge, belongs to the same owner as the property of reorganized company.
When converting Treasury enterprise in State or municipal Enterprise Treasury Enterprise property owner within six months shall bear subsidiary liability for the obligations transferred to State or municipal enterprise.
6. Unitary Enterprise is considered reorganized, except in cases of reorganization in the form of accession, from the moment of State registration of the newly arising legal persons.
In the reorganization of the company in the form of accession by another unitary enterprise the first of these is considered reorganized from the moment of entering into the unified State registry of legal persons of record about the termination of the affiliate company.
7. Unitary Enterprise not later than thirty days from the date of adoption of the decision on reorganization is required to notify in writing to all known creditors of the company, as well as put in the press, which publishes data on State registration of legal entities, the message about the decision. While lenders unitary enterprise within thirty days from the date of notification or within thirty days from the date of issuance of the reports of such decision may in writing require termination or early performance of respective obligations of the unitary enterprise and compensation for damages.

8. the State registration of the newly arising as a result of the reorganization of unitary enterprises, entry on cessation of unitary enterprises as well as State registration made in the Charter changes and additions shall be effected in the manner laid down by federal law on the State registration of legal persons only if evidence of notification of creditors in the manner prescribed by paragraph 7 of this article. (As amended by the Federal law dated 08.12.2003. N 169-FZ) If the Division balance sheet makes it impossible to determine the successor of the reorganized company, the newly arisen unitary enterprises are jointly and severally liable for the obligations of a reorganized company before its creditors in proportion to jumping to them property (rights) of the restructured company, defined in terms of value.
Article 30. The merger of unitary enterprises 1. Unitary enterprises merge to create a new unitary enterprise has been recognized with the transition to it the rights and responsibilities of two or more unitary enterprises and cessation of the past.
2. The owner of the property company decides on the approval of corresponding deed, of the Charter of the newly arisen unitary enterprise and to appoint its head.
3. Merging of unitary enterprises the rights and obligations of each of them shall pass to the newly created unitary enterprise in accordance with the transfer document.
Article 31. Adherence to the unitary enterprise 1. Joining the unitary enterprise recognizes the termination of one or more unitary enterprises transition to their rights and obligations to the unitary enterprise to which you are attaching.
2. The owner of the property company decides on the approval of the transmission of the Act on amendments and additions to the Charter of the company to which you are joining and, if necessary, on the appointment of the head of the company.
3. When you attach one or more unitary enterprises to another unitary enterprise to the last pass the rights and obligations attached unitary enterprises in accordance with the transfer document.
Article 32. Separation of unitary enterprise 1. Separation of unitary enterprise recognized termination of a unitary enterprise with the transition of his rights and duties to newly created unitary enterprises.
2. The owner of the property company decides on the approval of the separation, balance of the charters of the newly created unitary enterprises and their managers.
3. If a unitary enterprise of his rights and duties transferred to a newly created unitary enterprises in accordance with the separation balance sheet.
Article 33. Selection of unitary enterprise 1. Selection of unitary enterprise recognizes the establishment of one or more unitary enterprises transition to each part of the rights and obligations of the reorganized company without the latter.
2. The owner of the property company decides on the approval of the separation, balance of the charters of the newly created unitary enterprises and their managers, as well as on the introduction of amendments and additions to the Charter of the restructured company and, if necessary, on the appointment of its head.
3. When selecting from a unitary enterprise of one or more unitary enterprises goes to each part of the rights and obligations of the reorganized company in accordance with the separation balance sheet.
Article 34. The conversion of a unitary enterprise 1. Unitary enterprise can be converted by the decision of the owner of his property in a public or municipal institution. Federal State unitary enterprise can also be transformed into an autonomous non-profit organization. Conversion of unitary enterprises in organizing other organizational-legal forms in accordance with the legislation of the Russian Federation on privatization.
2. Decision to convert the company into a State or municipal institution, decision on transformation of the Federal State unitary enterprise in an autonomous non-profit organization must be defined the main objectives of the created organization, the name of the body of the Executive power, the acting of the founder of that organization, as well as necessary measures to transform the company. These decisions are being taken by the Government of the Russian Federation authorized organ of State power of constituent entities of the Russian Federation or by the authorized body of the local self-government in accordance with acts determining the competence of these bodies in respect of the Federal State unitary enterprise, state unitary enterprise of the Russian Federation or municipal unitary enterprise.

The Government of the Russian Federation may be Accepter convert federal state unitary enterprises in autonomous non-profit organization.
3. The conversion of a unitary enterprise cannot be grounds for termination of the employment contracts with the employees of the reorganized company.
(Article in the Editorial Office of the Federal law dated 18/N 220-FZ) Article 35. Elimination of unitary enterprise 1. Unitary enterprise may be liquidated by the decision of the owner thereof.
2. Unitary Enterprise can also be liquidated by court order on the grounds and in the manner established the Civil Code of the Russian Federation and other federal laws.
3. Liquidation of the company entails its termination without transfer of rights and duties in succession to others.
4. In the event of a decision on the liquidation of the company, the owner of his property shall appoint a liquidation Commission.
Since the appointment of a liquidation Commission pass authority to manage the Affairs of the company. The liquidation Commission on behalf of the liquidated company acts in court.
5. In the case when an elimination of State or municipal Enterprise installed its inability to meet the demands of creditors in full, the head of such enterprise or the liquidation Commission shall apply to the arbitral tribunal a statement of recognition of a State or municipal enterprises bankrupt.
6. The procedure for liquidation of a unitary enterprise is determined by the Civil Code of the Russian Federation, this federal law and other normative legal acts.
Chapter VI. Final and transitional provisions article 36. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 37. Transitional provisions 1. Continue to bring laws and other normative-legal acts acting on the territory of the Russian Federation, in accordance with this federal law, the laws and other legal acts shall apply insofar as they do not contradict this federal law.
Statutes of unitary enterprises from the date of entry into force of this federal law shall be applied if they do not contradict this federal law.
2. the statutes of unitary enterprises shall be harmonized with the provisions of this federal law prior to July 1, 2003 year.
3. unitary enterprises Established before the entry into force of this federal law subsidiaries subject to reorganization in the form of joining created their unitary enterprises within six months from the date of entry into force of this federal law.
Article 38. Enforcement of regulatory legal acts in compliance with this federal law 1. Amend the first part of the Civil Code of the Russian Federation (collection of laws of the Russian Federation, 1994, no. 32, St. 3301; 2002, N 12, art. 1093) the following additions and changes: in paragraph 2 of article 48 of the third paragraph the words "including subsidiaries," should be deleted;
the second sentence of paragraph 1 of article 54 shall be amended as follows: "names of non-profit organizations, and in cases prescribed by the law the names of commercial organisations must contain an indication of the nature of the activity of the legal person.";
second paragraph of article 113, paragraph 1 shall be supplemented with the words "with the exception of State enterprises";
Article 114, paragraph 4 shall be amended as follows: "4. The formation of the statutory fund of the enterprise based on the right of economic management is determined by the law on State and municipal unitary enterprises.";
paragraph 7 deleted;
paragraph 8 as subclause 7; (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) (Repealed-federal law 05.05.2014 N 99-FZ) of article 300, paragraph 1, after the words "the right of economic management" add the words "or the right of operative management.
2. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow, N November 14, 2002 161-FZ