On The Characteristics Of Management And Disposal Of Railway Transport

Original Language Title: Об особенностях управления и распоряжения имуществом железнодорожного транспорта

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RUSSIAN FEDERATION FEDERAL LAW On the specifics of the management and disposal of railway assets adopted by the State Duma on February 7, 2003 Approved by the Federation Council on February 12, 2003 22.08.2004 N 122-FZ; dated 26.06.2008 N 100-FZ; 04.05.2011 N 99-FZ; of 21.11.2011 N323-FZ) Article 1. The scope of this Federal Law This Federal Law sets out the organizational and legal features of the privatization of federal railway assets and the management and administration of property rail transport. Article 2. Basic concepts For the purposes of this Federal Act, the following basic concepts are used: Federal railway transport-State unitary enterprises; and State institutions under the responsibility of the Federal Executive in the field of railway transport; enterprises and property of public institutions under the responsibility of of the federal executive branch in the field of railway transport (including the property of social purpose); single joint-stock company "Russian Railways", created in The process of privatization of federal railway assets. Article 3. Privatization of federal railway transport 1. The privatization of federal railway assets is carried out in accordance with the legislation of the Russian Federation on privatization, taking into account the peculiarities set by this Federal Law. 2. In the process of privatization of the property of the federal railway transport, a single economic entity is created by seizing the property of the organizations of the federal railway transport and introducing it into the charter capital of a single economic entity. the subject. In the process of privatization of the property of the federal railway transport, which, on the grounds provided for in this Federal Law, is not entered into the authorized capital of a single economic entity, other assets may be created. Open joint-stock companies in accordance with the legislation of the Russian Federation. Article 4. One business entity 1. The founder of a single economic entity is the Russian Federation. The Government of the Russian Federation shall decide on the establishment of a single economic entity. The Charter of a single economic entity is approved by the Government of the Russian Federation. 2. The authorized capital of a single economic entity is formed by introducing the property of the federal railway transport. The list of federal railway transport organizations whose property is to be included in the charter capital of a single economic entity, as well as the forecast plan (programme) of the privatization of federal property is approved The Government of the Russian Federation. The authorized capital of a single economic entity may not be subject to the property of the organizations of the federal railway transport which is not directly related to the organization of the train movement and the rail-to-railway operations. transport and provision of emergency and rehabilitation works in rail transport (industrial, repair, construction, trade organizations), if the following conditions are met: The organization is not the only supplier of goods, works and services for rail transport; the organization has other customers and a different market for their products, along with other federal railway organizations; the allocation of the organization's assets from the charter capital The property of the Federal railway transport will not increase the costs of railway transport, the increase in tariffs for railway services and the deterioration of the social protection of railway workers. 3. The size of the authorized capital of a single economic entity at the time of its establishment is determined by the Government of the Russian Federation based on the value of the assets of the federal railway organizations to be privatized, but it cannot be above the carrying amount of the said assets determined in accordance with the legislation of the Russian Federation and specified in the consolidated transmission. Land areas, with the exception of the land provided for the allocation of federal railway transport facilities limited in accordance with article 8, paragraph 1, of this Federal Law, and The land plots, on which railway stations and railway stations are located, are placed in the authorized capital of a single economic entity in the order and under the conditions set by the legislation of the Russian Federation. Land allocated for the allocation of federal railway transport facilities limited in accordance with article 8, paragraph 1 of this Federal Law, as well as land on which Railway stations and railway stations are located in the railway stations and are federal property. The establishment of these land plots in the authorized capital of a single economic entity is not permitted. " The Government of the Russian Federation shall determine the procedure and conditions for the use of the land which is a federal property, in accordance with the legislation of the Russian Federation. The Rent for the use of the land parcels, which are federal property and made available for the accommodation and operation of railway transport facilities, shall not exceed the established legislation of the Russian Federation. The Federation has a land tax rate on land in the railway track. The introduction of the immovable property of the organizations of the federal railway transport to the authorized capital of a single economic entity is carried out without the prior state registration of the ownership rights of the Russian Federation, The right to economic management or the right of the operational management of the organizations of the federal railway transport to the said property. The basis for the State registration of such property is the consolidated transmission. 4. Formation of the authorized capital of a single economic entity is carried out on the basis of the consolidated transfer act. The composite transfer act and its form are approved jointly by the federal executive body for the management of state property, the federal executive authority for regulation of natural monopolies in transport and the federal executive branch in the field of railway transport. The composite transfer act is prepared on the basis of generalized data of the attached transmission gear (s) drawn up for each organization of federal railway transport whose property is entered into the charter capital A single economic entity. 5. For the purpose of drawing up transmission acts on the basis of a joint decision of the federal executive branch on the management of State property and the federal executive branch in the field of railway transport, Property Survey Boards. 6. The obligations and rights of the obligations of the organizations of the Federal railway transport, the property of which are entered into the authorized capital of a single economic entity, to their creditors and debtors are transferred to a single economic entity. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The publication of the list of federal railway transport organizations approved by the Government of the Russian Federation, whose property is moved to the authorized capital of a single economic entity, is for creditors and debtors A notification of the incorporation of the property of the relevant organizations into the authorized capital of a single economic entity. Within one month of the publication by the Government of the Russian Federation of a list of federal railway transport organizations whose property is moved to the authorized capital of a single economic entity, the creditors have the right to present their claims against these organizations. Claims asserted by creditors are reviewed in accordance with the procedure established by the law of the Russian Federation in determining the composition of the property made to the authorized capital of a single economic entity. This does not require the consent of creditors to transfer their claims to a single economic entity. The organizations of the federal railway transport, whose property is moved to the authorized capital of a single economic entity, continue to carry out activities that require accreditation and the necessary special permits (licences), pending receipt of such accreditation by a single entity (its subsidiaries) and the reissuance of documents confirming the existence of special permits (licences), after which the Organizations are terminated and excluded from the single legal register persons in accordance with the established procedure. Documents confirming the existence of special permits (licenses) issued to the organizations of the federal railway transport are to be redrawn to documents confirming the existence of the relevant special permits. In accordance with the legislation of the Russian Federation, a single economic entity (its subsidiaries) is a single entity. Other organizations of the federal railway transport are terminated and excluded from the unified state register of legal entities in accordance with the established procedure after the introduction of their property to the authorized capital of a single economic entity. 7. From the day of integration of the federal railway organizations into the forecast plan (programme) of the privatization of federal property until the transfer of ownership of property, including land plots, to a single economic entity. The subject is not one of the organizations of the federal railway transport, without coordination with the federal authority for the management of state property, the federal executive authority for regulation of natural monopolies in transport, and by the federal executive authority in the field of railway transport transport is not to the right: to make transactions or several related transactions that entail the possibility of alienating property, the value of which is more than five per cent of the book value of the assets of the organizations; the price which exceeds five per cent of the book value of the assets of the organizations at the date of approval of its last balance sheet; the value of which exceeds the statutory minimum wage of more than fifty thousand times; reduce the number of employees; get Loans, securities, loans and loans; to lease, pledge or grant; to purchase shares (shares) in the statutory (warehousing) capital of business societies or partnerships. Article 5. { \field { \field { \cs6\f1\cf6\lang1024 } { \field { \field { \field The Government of the Russian Federation, on behalf of the Russian Federation, exercises the power of the shareholder of a single economic entity in accordance with the legislation of the Russian Federation on privatization and joint-stock companies. 2. The appointment and dismissal of a single executive body (President) of a single economic entity is carried out by the Government of the Russian Federation. Article 6. The basis for the activities of a single entity 1. A single economic entity carries out the following activities: operation, maintenance and repair of public railway infrastructure; transport of goods, passengers, luggage and Loading, including in suburban traffic; service to provide locomotive traction; construction of railway infrastructure facilities; of rolling stock; research and development work in the field of railway transport; content of social facilities owned by a single economic entity; other mandated charters in the form of a business entity. 2. The single economic entity operates according to the following basic principles: preservation of unity and central management of the public infrastructure of rail transport the property of a single economic entity; to ensure the sustainable operation of a single economic entity and the safety of railway operations, including transportation under martial law; and emergency provisions; quality service delivery the use of public rail infrastructure and the implementation of transport conditions; Guaranting non-discriminatory access of carriers to rail transport infrastructure use; to ensure transparency of financial transactions of a single economic entity, conduct an annual audit of the accounting and financial (accounting) accounts of a single business entity; separate revenue and expense accounting for each the activities of a single economic entity; increase the social security of workers in a single economic entity; rail transport. 3. A single economic entity shall ensure that mobilization training is carried out, including technical cover for railway facilities, civil defence, in accordance with the established task and is carried out by the State party. The responsibility for their implementation, as well as for the internal affairs authorities in transport and special services, the military transport authorities, in accordance with the legislation of the Russian Federation. The expenses of a single economic entity associated with the implementation of the activities referred to in this paragraph shall be compensated for by the federal budget. The single economic entity shall ensure the protection of State secrets and the protection of information against leakage in due course. Article 7. The limitation of the circulation of shares of a single economic entity subject All shares of a single economic entity are owned by the Russian Federation. The sale and other means of alienating the shares in the ownership of the Russian Federation, transferring them to a deposit, and other disposal of such shares are carried out on the basis of federal law. Article 8. Limitation of the turnover of the property of a single business entity 1. A single economic entity shall not be entitled to lease, grant, trust or pledge the following property, made to its authorized capital: main railway lines with all located on Facilities, signalling devices, centralization and locking, energy supply, and technological communication for the operation and control of technological processes in railway transport; low-intensity railway lines, stations and stations, of defence importance; information complexes of traffic management in rail transport and the system of movement control; facilities of locomotive and wagon-holding facilities with a defence value; mobilization targets, civil defense facilities, lawsated and unused in the production of mobilization capacity, mobilization reserves, material values of the mobilization reserve; rolling stock for special railway operations; facilities and equipment intended for immediate recovery. The property may only be owned by a single entity or federal property. 2. The single economic entity, without the consent of the Government of the Russian Federation, shall not be entitled to deposit as a collateral and also to sell or otherwise dispose of the right of ownership of the following property: shares of subsidiary companies of a single economic entity; low-intensity railway lines, stations and stations with all the structures located on them, as well as the land on which the specified objects are located (for except for low-intensity railway lines, stations and stations, (a) The purpose of the organization; The Government of the Russian Federation determines the order of the disposal of the property referred to in this paragraph. The property set out in this paragraph shall be administered by a single entity on its own. 3. A single economic entity may independently dispose of the property not referred to in paragraphs 1 and 2 of this article. 4. The Government of the Russian Federation shall determine the list of objects of property limited in trade by paragraphs 1 and 2 of this article. 5. The complex of electric networks and other objects of electric grid in railway transport does not belong to the single national (all-Russian) electric grid. The single economic entity shall dispose of these objects independently, taking into account the restrictions established by this Federal Law. (Paragraph is amended by the Federal Law of 26 June 2008). N 100-FZ) Article 9. The regulation of legal acts in conformity with this Federal Law 1. (Spconsumed by Federal Law of 21.11.2011). N323-FZ) 2. (Overtaken by January 1, 2005) Federal Law of 22.08.2004 N 122-F) 3. The first sentence of paragraph 3 of article 34, paragraph 3, of the Federal Law of 26 December 1995, No. 208-FZ "On joint-stock companies" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2001, N 33, article 3423) supplement the words "unless otherwise specified by federal law". 4. Part 2 of Article 8 of the Federal Law of July 29, 1998 No. 135-FZ "On the assessment activities in the Russian Federation" (Legislative Assembly Russian Federation, 1998, No. 31, sect. 3813; 2002, No. 4, sect. 251) be supplemented by the words "and in the cases established by the Federal Act on the peculiarities of the administration and disposal of railway assets". 5. (Spconsumed by Federal Law 04.05.2011) N 99-FZ 6. To amend the Federal Law of 21 December 2001 No. 178-FZ "On the privatization of state and municipal property" (Legislative Assembly Russian Federation, 2002, 251) the following additions: Article 25, paragraph 4, shall be supplemented with the words "unless otherwise specified by the Federal Act on the peculiarities of the management and administration of railway property"; Article 43: add the following new paragraph 15: " 15. In the privatization of federal railway assets, the provisions of article 30, paragraph 1, of this Federal Law are not applied. "; Paragraphs 15 to 17 are considered as paragraphs 16 to 18 respectively. 7. Article 63, paragraph 2, of the Federal Law of 25 June 2002 N 73-FZ " On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (2519), add the following paragraph: "The provisions of this paragraph do not apply to the property of federal railway transport belonging to objects of cultural heritage." Article 10. Entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 27 February 2003 N 29-FZ