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On The Characteristics Of Management And Disposition Of Property And Shares Of Organizations Active In The Field Of Atomic Energy And On Amendments To Some Legislative Acts Of The Russian Federation

Original Language Title: Об особенностях управления и распоряжения имуществом и акциями организаций, осуществляющих деятельность в области использования атомной энергии, и о внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On the specifics of managing and disposing of the assets and stocks of organizations that activities in the field of atomic energy Energy, and on amending certain pieces of legislation Russian Federation adopted by the State Duma on 19 January 2007 Approved by the Federation Council on 24 January 2007 class="ed">(In federal editions) { { see also } } N 318-FZ; of 08.11.2010 N 293-FZ; 04.05.2011 N 99-FZ; dated 30.11.2011) N 346-FZ; of 29.12.2012 N 273-FZ; of 02.07.2013 N 185-FZ; dated 02.07.2013. N 188-FZ; dated 23.06.2014 N 171-FZ; dated 21.07.2014. N 237-FZ Article 1. The subject of legal regulation of this Federal Law and its basic concept 1. The Federal Law provides for the legal regulation of the peculiarities of relations arising in the process of administration and management (including privatization) of property and shares of the nuclear power industrial complex of the Russian Federation. The Federation (hereinafter referred to as the atomic energy complex). 2. This Federal Act does not apply to the organization of the nuclear weapons complex of the Russian Federation, the list of which is approved by the President of the Russian Federation. 3. This Federal Law uses the following basic concepts: 1) the organization of the nuclear power industry complex-federal state unitary enterprises and federal state institutions class="ed"> organizationsunder the authority of the State administration of nuclear energy; other legal entities, regardless of their legal and institutional form, which engage in activities in the field of nuclear energy under article 4 of the Federal Law N 170-FZ" On the use of atomic energy " (hereinafter referred to as the Federal Act on the Use of Atomic Energy); by a decision of the President of the Russian Federation in accordance with article 3, paragraph 1, of this Federal Act. Organizations of the nuclear weapons complex of the Russian Federation are not organizations of the nuclear power industry complex; (in the wording of Federal Law dated 02.07.2013 N 185-FZ ) 2) Atomic Energy Authority-State Atomic Energy Corporation Rosatom, with powers to implement public administration the use of atomic energy in accordance with Chapter IV of the Federal Law "On the Use of Atomic Energy" and on the regulatory and legal regulation of the use of nuclear energy; (in the wording of the Federal Law dated 01.12.2007 N 318-FZ (3) the federal executive branch of the federal property administration, the federal executive branch, which is responsible for the privatization of federal property and the powers of the owner, including the rights of the shareholder in the management of the property. Article 2: Basic principles of state policy in the management and disposal of property and the shares of Atomic Energy Industrial Complex State policy in the management and administration of the property and shares of the Atomic Energy Industrial Complex are: 1) Ensuring the priority of sustainable and safe activities of the organizations the energy industry, including compliance with nuclear requirements, Radiation, technical and fire safety, environmental safety and environmental requirements, physical protection of nuclear facilities, radiation sources, nuclear materials, radioactive substances, storage sites Nuclear materials and radioactive wastes, radioactive waste storage facilities and the proper use of these facilities; 2. and products (service delivery) for the federal State needs, including for the State stock of special raw materials and fissile material; (3) State control over organizations working in the field of atomic energy; (4) Ensuring the energy security of the Russian Federation; (5) ensuring the maintenance of the single industrial and technological complex of the organization operating in the field of nuclear energy, compliance with its target; 6) saving State regulation of the pricing of defence products (works, services) produced by the nuclear energy industry organizations; 7) creating conditions for improvement the competitiveness of products (works, services) of Russian organizations engaged in production and other activities in the field of nuclear energy use, in the world market; 8) compliance with international obligations and guarantees in on the use of atomic energy; 9) protection The creation of conditions to ensure break-even conditions, as well as the profitability of the organizations operating in the field of atomic energy. Article 3. The order of implementation of structural changes in Atomic Energy Industrial Complex 1. The President of the Russian Federation states: 1) a list of federal unitary enterprises of the nuclear power industrial complex to be transformed into open joint-stock companies, whose shares will be made in The authorized capital of an open joint stock company established by the decision of the President of the Russian Federation (hereinafter referred to as the main joint-stock company); (2) the list of joint-stock companies of the nuclear power industrial complex located in The federal property of the shares to be included in the authorized capital The main joint-stock company; (3) list of federal unitary enterprises of the nuclear power industrial complex, whose property complexes are to be incorporated into the charter capital of the main joint-stock company; 4) list of federal state educational organizations of additional professional education (professional development) related to the nuclear power industry organizations (hereinafter referred to as "the nuclear power industry"). federal state nuclear power industry complex), which is to be transferred to the main joint stock company. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 2. Privatization of the property of the Federal State Unitary Enterprise of the Atomic Energy Industrial Sector and of the stock companies of the nuclear power industry complex not included in the lists provided for in Part 1 of this Article, is carried out without taking into account the characteristics set out in this Federal Act. 3. The Federal State Unitary Enterprise of the Atomic Energy Industry, included in the list provided for in paragraph 1 of Part 1 of this Article, shall be transformed into open joint-stock companies in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Shares of open joint-stock companies, established in federal property, which are provided for in part 3 of this article, as well as other joint-stock companies of the nuclear power industry complex included in the list provided for in the paragraph 2 Part 1 of this Article shall be subject to the charter capital of the main joint-stock company. 5. Open joint-stock companies, the creation of which is provided for in Part 3 of this Article, are placed in the charter capital of the main joint stock company without being included in the forecast plan (program) of the privatization of federal property. 6. Federal State unitary enterprises of the nuclear power industrial complex, whose property complexes have been incorporated in the charter capital of the main joint-stock company, are terminated and excluded from the single state register Legal persons, in accordance with established procedure. 7. When the main joint-stock company is established, it is transferred to the federal state organizations of the nuclear power industrial complex included in the list approved by the President of the Russian Federation. (B The wording of the Federal Law No. N 185-FZ 8. The preparation of the federal state organizations of the nuclear energy industry complex for transfer to the main joint stock company is carried out in accordance with the procedure stipulated in the legislation of the Russian Federation on privatization. For the transformation of unitary enterprises into open joint-stock companies, unless this Federal Law provides otherwise. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 9. Ownership of the property of the Federal State organizations of the nuclear power industry is transferred to the main joint stock company on the basis of the transfer acts with the preservation of the said organizations of the right to operational control of their property. The inclusion of these organizations in the forecast plan (programme) of the privatization of federal property is not required. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) 10. Ownership of the property of the Federal State organizations of the nuclear power industry complex and subsidiary liability on their obligations is transferred to the main joint stock company from the day of signing of transmission. The main joint-stock company ensures changes to the constituent documents of the said organizations within two months from the date of the signing of the transfer acts. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) 11. In addition to the property provided for in this article, the statutory capital of the main joint-stock company may be made in accordance with the established procedure for other property in federal ownership (hereinafter referred to as federal property). 12. The incorporation of federal property into the statutory capital of the main joint-stock company shall be carried out in accordance with the laws of the Russian Federation on privatization and taking into account the peculiarities of this Federal Law. 13. The founder of the main joint stock company is the Russian Federation. The Government of the Russian Federation shall approve the charter of the main joint stock company and ensure the implementation of other necessary measures for the establishment of the main joint-stock company. 14. The Charter of the main joint-stock company shall comply with the basic principles of state policy in the management and administration of property and shares of nuclear energy organizations established by this Federal Law. complex. 15. The Government of the Russian Federation shall inform the State Duma of the Federal Assembly of the Russian Federation and the Federation Council of the Federal Assembly of the Russian Federation every six months after the entry into force of this Federal Act. The implementation of the structural changes envisaged by this Federal Act in the nuclear power industry complex. Article 4. The specifics of implementing the structural transformations in atomic energy composite 1. Decisions on the conditions for the privatization of federal property under this federal law are taken by the Federal Executive for the Management of Federal Property, in consultation with the State Administration. use of atomic energy. 2. Decisions on the conditions for the transfer of federal state organizations of the nuclear power industry complex to the main joint stock company are taken by the federal executive authority for the management of federal property in agreement with the State authority on the use of atomic energy in accordance with the procedure for taking decisions on the conditions for the privatization of federal property when privatizing property complexes of unitary enterprises, and with of the Federal Convention on the by law. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) 3. When the main joint-stock company is established, its authorized capital is defined as the sum equal to the book value of the assets to be privatized in the federal state unitary enterprises of the nuclear power industry complex and The nominal value of shares of joint-stock companies of the nuclear power industry complex, which are included in the charter capital of the main joint-stock company, as well as the book value of the assets of the federal state organizations . of the Atomic Energy Industry Joint Stock Company. In case of incorporation into the charter capital of a major stock company of federal property, the book value of which is not defined, the value of the property is taken into account in the calculation of the size of the authorized capital of the main joint-stock company, defined in accordance with the federal standards for evaluation approved by the federal executive authority exercising regulatory functions in the area of evaluation, as value an evaluation object if an existing use is present. In the wording of the federal laws of 30.11.2011 N 346-FZ; dated 02.07.2013. N 185-FZ 4. In the case of the incorporation of shares in joint-stock companies and other federal property in accordance with this Federal Law, the carrying value of which is determined by the state in the manner of payment by the State Additional shares placed by the main shareholders ' share price of additional shares of the main joint-stock company and their nominal value are defined as the sum equal to the nominal value of the shares made in its share capital stock of joint-stock companies and the book value of the said federal property. Charges placed by the main joint-stock company on the basis of the value of the property determined in accordance with the class="ed"> Federal evaluation standards approved by the federal executive authority exercising regulatory functions in the area of evaluation, as the cost of an existing assessment facility use. (In the wording of Federal Law of 30.11.2011) N 346-FZ 5. The carrying value of the assets to be privatized for the organization of the nuclear power industry in the cases provided for in parts 3 and 4 of this article shall be defined as the sum of the value of the net assets of the said organization, calculated on the the balance of the balance sheet (net of the book value of objects not subject to privatization as part of the property complex of the said organization) and the value of the organizations provided and transferred to property to the main joint stock company defined in the Article 11, paragraph 3, of the Federal Act of 21 December 2001 entitled "On the privatization of state and municipal property" (hereinafter referred to as the Federal Law "On the privatization of state and municipal property"). 6. Property privatized in accordance with this Federal Law, including the property of the federal state organizations of the nuclear power industry complex transferred to the main joint stock company, shall be included in the transfer certificates irrespective of the property in the register of federal property. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 7. Nuclear materials belonging to the Russian Federation and those in the use of the Federal State Unitary Enterprise of the Atomic Energy Industrial Complex (excluding nuclear materials included in the approved President) In the Russian Federation, the list of nuclear materials that may be exclusively in federal property may be included in the property complexes of the designated unitary enterprises subject to privatization in accordance with A true federal law. 8. In the transformation of federal state unitary enterprises of nuclear energy complex into open joint-stock companies in accordance with this Federal Law transfer of nuclear materials, nuclear facilities belonging to These unitary enterprises are entitled to the property of these open joint-stock companies before being included in the Federal Law of the use of atomic energy " Legal persons who may be in possession of nuclear materials, nuclear facilities. These open joint-stock companies are to be included in the listed lists no later than three months from the date of their State registration. 9. Property belonging to the Federal State Unitary Enterprise of the Atomic Energy Industrial Sector, which is located outside the territory of the Russian Federation (including immovable property, shares, shares in foreign legal entities, " Money in foreign credit organizations, securities that are such in accordance with the laws of the Russian Federation or the law of a foreign state, other property), shall be included in the composition of the privatization under the present Federal Law of Property the unitary enterprise complexes. 10. Land allocated to the right of permanent (indefinite) use, to the right of lease to the federal State unitary enterprises of the nuclear power industry complex subject to privatization in accordance with this Federal by the law, the federal state organizations of the nuclear power industry complex, transferred to the main joint stock company, as well as land occupied by real estate objects made in the charter The capital of the main joint-stock company and necessary for the The use of these objects shall be transferred to the property of open joint-stock companies established in accordance with this Federal Act, unless otherwise provided by the legislation of the Russian Federation. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) 11. Land, privatization of which is not permitted under Russian legislation and is granted on the right of permanent (indefinite) use, on the right of lease to federal State unitary enterprises of the Atomic Energy Industrial Complex to be privatized in accordance with this Federal Law, the federal state organizations of the nuclear power industry complex transmitted to the main joint stock company public joint-stock companies shall be transferred to public joint-stock companies The associations established under this Federal Act (including the main joint stock company) and the specified organizations under the lease agreements. (In the wording of the Federal Law of 2 July 2013) N 185-FZ) 12. The rent for the use of the land referred to in part 11 of this article shall be determined by the Government of the Russian Federation. However, the amount of rent per year for the use of these land parcels cannot be higher than 50 per cent of the amount calculated according to Tax Code of the Russian Federation land tax rates, and for land on which the tax is not paid based on the rate of land tax a tax that would have been applied in the event that the tax was payable in respect of such land. 13. The procedure for determining the amount of rent set out in part 12 of this article shall also apply in the event of the transfer of the rights and duties of the lessee of the land referred to in part 11 of this article to another person on the grounds of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 14. The transfer acts provided for in this Federal Act are established in accordance with the procedure established by the Federal Law on Privatization of the State and municipal property "and are approved by the federal executive authority for the management of federal property in agreement with the state authority for the use of atomic energy. The form of transmission shall be established by the federal executive body responsible for the formulation of public policy and regulatory legal regulation in the sphere of property relations, in agreement with the authority State administration of the use of atomic energy and the federal executive authority exercising functions in the field of public registration of real property rights and transactions with it. 15. The official publication of the forecast plan (program) of the privatization of federal property is a notification to the creditors of the federal state unitary enterprises of the nuclear power industrial complex Reorganization. 16. The requirements of the creditors of the Federal State Unitary Enterprise of the Atomic Energy Industry, which are transformed into open joint-stock companies in accordance with this Federal Law, are to be met in accordance with the conditions and content of the obligations on which they are based. The rules of article 60, paragraphs 1 and 2, of the Civil Code of the Russian Federation are not applicable. The consent of creditors to transfer their claims to the nuclear power industry complex is not required. 17. Duties and rights of the obligations of the Federal State Unitary Enterprise of the Atomic Energy Industry Complex, whose property complexes are paid in the charter capital of the main joint-stock company, with respect to their creditors and The debtors are transferred to the main joint stock company on the basis of the transfer acts. The procedure for notifying creditors of such unitary enterprises and the conditions for satisfying their claims is regulated in accordance with the provisions of Parts 15 and 16 of this Article. 18. All the shares of the main joint-stock company are located in the federal property or in the property of the State Atomic Energy Corporation "Rosatom". Sale and other means of alienating the shares of the State Atomic Energy Corporation "Rosatom" of the shares of the main joint-stock company, transferring them to pledge, and other disposition of such shares In accordance with the federal law, except for the decision of the President of the Russian Federation as a property contribution of the Russian Federation to the shares of the main joint-stock company in the property of the State Corporation, Atomic Energy Agency "Rosatom". (In the wording of the Federal Law of 1 December 2007, N 318-FZ) 19. Unless otherwise provided for in this article, transactions involving the alienation, alienation or transfer of shares (shares in authorized capital) of economic entities included in the approved by the President of the Russian Federation In accordance with the Federal Law "On the Use of Atomic Energy", the lists of Russian legal entities in possession of nuclear materials, nuclear facilities, are carried out only with the consent of the President of the Russian Federation. THE RUSSIAN FEDERATION The deal, done without such consent, is null and void. (In the wording of the Federal Law No. N 237-FZ) 19-1. The provisions set out in part 19 of this article shall not apply to transactions covered by Part 19 of this article and committed between the following legal entities included in the approved President of the Russian Federation the Federal Law "On the Use of Atomic Energy", the lists of Russian entities whose property may be nuclear materials, nuclear installations: 1) the State Atomic Energy Corporation. "Rosatom"; 2) the main joint-stock company; 3) economic societies in which more than fifty percent of the shares (shares in the authorized capital) belong to the State Atomic Energy Corporation Rosatom; 4) the main joint-stock company; 5) by the subsidiaries of economic associations referred to in paragraphs 3 and 4 of this part of economic societies; 6) by the subsidiaries of economic entities referred to in paragraph 5 of this part of the economic Societies. (Part of the addition is the Federal Act of 1 December 2007. In the wording of the Federal Law No. N 237-FZ 19-2. The commission of the transactions provided for in part 19 of this article shall be carried out with the consent of the Rosatom State Atomic Energy Corporation between the entities referred to in paragraphs 2 to 6 of part 19-1 of this article. (Part of the addition is the federal law of 21.07.2014. N 237-FZ) 19-3. The provisions set out in Part 19 of this Article shall not apply to transactions that are carried out with shares (shares in the authorized capital) of economic societies included in the approved by the President of the Russian Federation in accordance with the federal law of the Russian Federation. The Law "On the Use of Atomic Energy" lists the lists of Russian legal entities that may own nuclear materials, nuclear facilities, and related to: 1) the alienation of additional shares in the result of the priority of the holder of the right to The purchase of additional shares of these economic communities at their accommodation; (2) alienation in favor of the Russian Federation of the additional shares of these companies in exchange for the provision of budgetary funds. Investments and (or) funds of the National Welfare Fund in the manner prescribed by Russian legislation; 3) by the acquisition by Rosatom's Atomic Energy Corporation (shares in authorized capital) of these economic societies; 4) alienation of shares of these economic societies in the purchase of securities under the Federal Act No. 208-FZ of 26 December 1995 "On joint-stock companies" of compulsory supply; 5) acquisition "Public joint-stock companies" (shares in their authorized capital) in cases stipulated by the Federal Act No. 208-FZ "On joint-stock companies" and by the Federal Act of 8 February 1998 No. 14-FZ " of societies with limited liability "; 6) alienation, The possibility of transferring or transferring to a fiducial management of shares (shares in the authorized capital) of these economic entities owned by individuals or not referred to in paragraphs 1-6 of part 19-1 of this article to legal entities. The provisions of this paragraph shall not apply to transactions performed by natural persons or not specified in paragraphs 1 to 6 of part 19-1 of this article by entities with shares (shares in authorized capital) of the said economic entities acquired These persons, on the basis of the agreement of the President of the Russian Federation, received after 14 July 2013, providing for the identification of the purchaser (a share of the shares in the authorized capital) and the number of shares to be purchased (size, (...) (...) (Part of the addition is the federal law of 21.07.2014. N 237-FZ 20. On behalf of the Russian Federation, the State Atomic Energy Agency participates in the implementation on behalf of the Russian Federation of the shareholders ' rights in respect of joint-stock companies of the nuclear power industry, whose shares are located in the Federal Republic of China. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 21. In case of threat to the sovereignty, political independence, territorial integrity of the Russian Federation, declaration of mobilization, during the period of martial law and in the event of another state necessity, OF THE PRESIDENT OF THE RUSSIAN FEDERATION the defence of the country and the security of the State. 22. The subsidiary stock companies of the main joint-stock company, as well as their subsidiary companies are not subject to the rule established by article 98 Civil Code of the Russian Federation and article 10 of the Federal Law of 26 December 1995 N 208-FZ " On Joint Stock Companies society " and according to which the stock company cannot have The quality of the only participant in another economic society, consisting of one person. Article 5. The peculiarities of the state registration of rights to properties of real estate in the privatisation of the property of the Atomic Energy Organization of the Energy Industrial Complex 1. Change of ownership to immovable property (including land and construction works) that arose prior to the date of entry into force of the Federal Law N 122-FZ" On State Registration of Real Property Rights and Transactions " (hereinafter referred to as the Federal Act on State Registration of Rights and transactions with it "), to open joint-stock companies established under the present The federal law is implemented without state registration of the ownership rights of the Russian Federation and the rights of federal state unitary enterprises and federal state organizations atmany the power industry in which the property was owned. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 2. In the case of the transfer of real estate objects referred to in part 1 of this article and the legal documents for which they were issued after the date of entry into force of the Federal Law "About the state registration of real estate rights and transactions", in the property of open joint-stock companies established under this Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION If the registration has not previously been carried out, it shall be carried out simultaneously with the state registration of the rights of open joint-stock companies established under this Federal Law. 3. The grounds for the State registration of the property rights of open joint-stock companies established under this Federal Act, in the cases referred to in Parts 1 and 2 of this Article, are decisions on the terms of privatization Federal property (decisions on the terms and conditions of the transfer of the Federal State Organization of the Atomic Energy Industrial Complex) and the transmission. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 4. The federal executive body exercising functions in the field of State registration of real property rights and transactions is approved with methodological recommendations on the practice of state registration of rights in the case of immovable property of the Atomic Energy Industrial Complex Organizations in the privatization of the said property in accordance with this Federal Law. Article 6. Features of the public joint-stock companies created in compliance with this Federal Law activities requiring special permissions (licenses) 1. Open joint-stock companies established under this Federal Law carry out their activities on the basis of special permits (licences) and accreditation documents issued by the respective federal State Unitary enterprises of the nuclear power industry complex within the period of validity of these permits (licenses) and documents, but within a period of not more than six months from the date of the state registration of open joint-stock companies or from the day of signing act on the application of the federal property State unitary enterprise of the nuclear power industry complex in the charter capital of the main joint stock company. 2. Within the period specified in part 1 of this article, documents confirming the existence of special permits (licences) and accreditation shall be subject to the redesign of public joint-stock companies established in accordance with this Federal Act. by law. 3. The provisions of Parts 1 and 2 of this Article apply to the Federal State Organization of the Atomic Energy Industrial Sector, which is transferred to the main joint stock company, which carries out its activities on the The basis of the special permits (licences) and accreditation documents issued to them. (In the wording of the Federal Law of 2 July 2013) N 185-FZ 4. In case of occurrence within the period specified in part 1 of this article, other grounds for the suspension or termination of special permits (licences) and accreditation documents other than those relating to the transformation of the federal State unitary enterprises of the nuclear power industry or the alienation of their property complexes by introducing into the charter capital of the main joint-stock company, the transfer of federal state funds class="ed"> Organizations of the Atomic Energy Industrial Complex Basic joint-stock company, the operation of such permits (licenses) and documents may be suspended or terminated in accordance with the procedure established by the legislation of the Russian Federation. (In the wording of Federal Law dated 02.07.2013 N 185-FZ 5. Open joint-stock companies, established in accordance with this Federal Law, retain the status of the operating organization provided by the legislation of the Russian Federation in the field of atomic energy. The relevant federal State unitary enterprises of the nuclear power industry complex. These joint-stock companies are obliged to confirm the status of the operating organization within six months from the date of their state registration or from the day of signing of the transfer act on the payment of the property complex of the federal state The unitary enterprise of the nuclear power industry complex in the charter capital of the main joint-stock company. Article 7. Ensuring security in the implementation of activities of the nuclear power plant of the Energy Industrial Complex 1. The organization of the nuclear power industry complex, created in accordance with this Federal Law, is subject to all the requirements of Russian legislation, including safety regulations and rules. Operation of nuclear energy facilities, supervision, control and accounting of nuclear materials, compliance with the nuclear non-proliferation regime and technology, protection of State secrets and information security, protection Environment, preparedness and response to accidents. 2. The safety of the activities of the nuclear power industry organizations referred to in Part 1 of this Article shall be carried out in accordance with the Federal Law "On the Use of Atomic Energy". (In the wording of the Federal Law of 1 December 2007, N 318-FZ) 3. Protection of nuclear hazardous installations (except for federal executive bodies responsible for the formulation and implementation of public policy, regulatory and legal regulations in the field of defence), irrespective of the form of ownership may be carried out by the internal troops, units of the non-departmental security of the federal executive body, which exercises the functions of formulating and implementing state policy and regulatory and legal regulation in the sphere of internal affairs, and (or) departmental security services OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The Organization of the Atomic Energy Industrial Complex for which the internal troops referred to in part 3 of this article are responsible for the protection of nuclear installations shall be provided by the internal troops of the interior troops in order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 8. The peculiarities of the recovery of property and shares of Atomic Energy Industrial Organizations of the complex 1. The seizure of the assets of the Atomic Energy Industrial Complex, including if they are declared insolvent (bankrupt), takes into account the following characteristics: 1) alienation nuclear materials, radioactive substances, nuclear facilities, radiation sources, storage sites of nuclear materials and radioactive substances, radioactive waste storage facilities belonging to those organizations, separately from property, ensuring safe use of the specified objects is not permitted; (2) Nuclear materials belonging to the organizations of the nuclear power industry complex may be alienated only to the Russian Federation or to Russian legal entities included in the Federal Law "On the use of atomic energy" list of Russian legal entities in possession of nuclear materials; 3) alienation of nuclear facilities, radiation sources, storage sites of nuclear materials and radioactive substances, the storage of radioactive waste is part of a single production and technological complex of the organization that carries out activities in the field of atomic energy, which includes Real estate and other property (excluding nuclear materials and radioactive substances) directly used by the organization of the atomic energy complex for production and (or) sale of goods (works, services) and providing a continuous production process. 2. When seeking to recover the shares (shares in authorized capital) of legal entities included under the Federal Law "On the Use of Atomic Energy" " Lists of Russian legal entities whose property may be nuclear materials, nuclear facilities, including in the case of insolvent (bankrupt) shareholders (owners of shares in the charter) of such legal entities, the Russian Federation The acquisition of these shares, in accordance with the laws of the Russian Federation, shall prevail over the acquisition of such shares (shares in the authorized capital) at the initial price. The procedure for the Russian Federation to give priority to the acquisition of these shares is determined by the Government of the Russian Federation. 3. The organization of the nuclear power industry complex by the decision of the Government of the Russian Federation can be included in the list of strategic enterprises and organizations stipulated by the federal law dated October 26, 2002 N 127-FZ " On insolvency (bankruptcy) ". Article 9. (Spconsumed by Federal Law of December 29, 2012) N 273-FZ) Article 10. Article 8 of the Russian Federation's law Article 8 of the Law of the Russian Federation Article 8 of the Law of the Russian Federation dated July 14, 1992, N 3297-I " On closed administrative-territorial education " of the Russian Federation, 1992, 1915; Legislative Assembly of the Russian Federation, 1996, No. 49, art. 5503; 2006, N 3 (282) Supplement paragraph 5 with the following: " 5. The provisions of paragraphs 1 and 2 of this article do not apply to the alienation of property in federal ownership to the property of the public joint-stock companies of the nuclear power industrial complex of the Russian Federation in accordance with The Federal Law "On the peculiarities of the management and administration of property and shares of the organizations carrying out activities in the field of nuclear energy use and on amending certain legislative acts of the Russian Federation", as well as on the The conclusion of other property transactions between the organizations OF THE PRESIDENT OF THE RUSSIAN FEDERATION On amending Article 98 of Part One of the First Civil Code of the Russian Federation Paragraph 2 of Article 98 of Part One Article 12. To amend the Federal Law "On the use of atomic energy" Enroll Federal Law of 21 November 1995 N 170-FZ "On the use of atomic energy" (Assembly of Russian Laws, 1995, No. 48, art. 4552; 1997, N 7, sect. 808; 2003, N 46, sect. 4436; 2004, N 35, sect. 3607; 2006, N 52, sect. 5498) The following changes: 1) Article 5, amend to read: " Article 5. Ownership of nuclear materials, nuclear installations, storage sites, radiation sources and radioactive substances Nuclear materials may be located in federal property or property Legal entities. The President of the Russian Federation states that the list of nuclear materials that may be exclusively in federal property is approved by the President of the Russian Federation. A list of Russian legal entities (i.e. legal persons established under Russian legislation), which may be owned by nuclear materials, is approved by the President of the Russian Federation. In the Russian Federation, the right to property of foreign States, foreign legal entities for imported nuclear materials or products for processing in the Russian Federation is recognized. Nuclear facilities may be located in federal property or in the property of Russian legal entities, the list of which is approved by the President of the Russian Federation. Storage items may be located in federal property or in the property of Russian legal entities, unless the federal law provides otherwise. Radiation sources, radioactive substances may be in federal property, property of the constituent entities of the Russian Federation, municipal property or property of legal entities. The right of ownership to the objects referred to in this article shall be acquired and terminated on the basis of civil law, taking into account the particularities established by this Federal Law. Transactions of Russian legal entities for the transfer of the ownership of nuclear materials to a foreign State or foreign legal entity are carried out in agreement with the Russian Federation Government Commissioner for the Russian Federation. The executive branch shall be in the order and under the conditions set by the Government of the Russian Federation. Transactions for the transfer of nuclear materials, nuclear facilities to the property of Russian legal entities not included in the lists provided for in parts three and five of this article, as well as transactions on the transfer of title to Nuclear materials to a foreign State or to a foreign legal entity that are committed by Russian legal persons in violation of the requirements of Part 9 of this article are null and void. Treatment of nuclear materials in federal property, foreign legal entities, foreign legal entities, and the operation of nuclear installations and storage facilities The Russian Federation carries out the federal property, the property of Russian legal entities, and carries out Russian organizations with the relevant permits (licenses) for the right to work in the sphere of the use of nuclear energy. The management of radioactive substances and the exploitation of radioactive sources, which are in federal property, property of the constituent entities of the Russian Federation, municipal property, property of legal entities, shall be carried out by organizations having the appropriate permits (licences) for the right to work in the field of nuclear energy. Owners of nuclear facilities, radiation sources, storage sites, nuclear materials, radioactive substances shall monitor their safety and appropriate use in accordance with this Federal Law, Other federal laws and other normative legal acts of the Russian Federation. The objects referred to in this article are subject to the provisions of article 22 of this Federal Act. The provisions of this article dealing with nuclear materials apply to radioactive wastes containing nuclear materials. The provisions of this Article relating to radioactive substances shall extend to radioactive wastes not containing nuclear materials. "; 2) Article 7 to be supplemented with the following paragraphs: " approves lists of Russian legal entities in possession of nuclear materials, nuclear facilities; approves a list of nuclear materials that may be exclusively in federal property; The powers conferred on him by federal laws. "; (3) In article 9: (a) in the seventh paragraph, replace the word "defence" with "those in federal property"; b) paragraph 12 should read as follows: " provides in the limits of their competence for the physical protection of nuclear materials, nuclear facilities, storage facilities and federal radioactive sources and radioactive substances; "; 4) in article 10: (a) paragraph the second redraft: " make decisions about the place The placement of federal-owned or inter-regional nuclear facilities, radiation sources and storage sites in accordance with the procedure established by the legislation of the Russian Federation; "; b) Paragraph 9, amend to read: " shall decide on the construction of nuclear facilities, radiation sources and storage facilities located in federal property, either of a federal or supra-federal significance; output of specified objects from service, as well as on subsequent storage radioactive waste; "; 5) part one of article 22, as follows: " Nuclear materials, radioactive substances, radioactive waste, regardless of the form of ownership, shall be subject to State accounting and control in The System of State Accounting and Control of Nuclear Materials and the System of State Accounting and Control of Radioactive Substances and Radioactive Waste to determine the quantities of these materials, substances and wastes in their locations, prevent losses, unauthorized use and theft, Providing information on the presence and movement of nuclear materials, radioactive substances and radioactive wastes to the public authorities, the use of nuclear energy and State regulation of security; and also on their export and import. "; 6) part one of article 28, as follows: " Decisions on the construction of nuclear facilities, radiation sources and storage facilities located in federal property, or which have federal or interregional significance or are hosted and "The Government of the Russian Federation shall adopt the words" within the limits of the funds provided for in the budgets of the relevant levels ", which are adopted by the Government of the Russian Federation."; shall be deleted. Article 13. On amending article 10 of the Federal Law "On joint-stock companies" Paragraph 2 of article 10 (2) of Federal Law dated December 26, 1995 N 208-FZ "On joint-stock companies" (Legislative Assembly of the Russian Federation, 1996, N 1, st. (1) to be supplemented by the words "unless otherwise specified by federal law". Article 14. Article 8 of the Federal Law "On Evaluation Activities in the Russian Federation" Part Two of Article 8 of the Federal Law dated July 29, 1998 N 135-FZ " On assessment activities in the Russian Federation " (Russian Federation Law Assembly, 1998, N 31, p. 3813; 2002, No. 4, sect. 251; 2003, N 9, sect. 805) to be supplemented by the words "and by the Federal Law" On the peculiarities of the management and administration of the property and shares of the organizations carrying out activities in the field of the use of nuclear energy, and on the introduction of amendments to individual pieces of legislation of the Russian Federation. ". Article 15. (Spconsumed by Federal Law 04.05.2011) N 99-FZ) Article 16. To amend the Federal Law "On State Registration of Legal Persons and Individual Entrepreneurs" Amend Federal Law N 129-FZ " On State Registration of Legal Persons and Individual Entrepreneurs " (Russian Federation Law Assembly, 2001, N 33, sect. 3431; 2003, N 26, est. 2565; N 52, sect. 5037; 2004, N 45, sect. 4377; 2005, N 27, sect. (2722) The following changes: 1) the subparagraph "and" of paragraph 1 of Article 5 to read as follows: "and) the way in which the legal person shall be terminated (by reorganization, liquidation, or by an exception from a single public registry") According to the decision of the registering body, in connection with the sale or the introduction of the property complex of the unitary enterprise or the property of the institution in the authorized capital of the joint-stock company in the cases provided by the Russian legislation of the Federation); "; 2) the title of Chapter VII to be supplemented with the words" AND In connection with the implementation of the Institute for the Prevention and Control of Human Rights and the International Convention on the Rights of the child (art. The order of State registration under the termination of a unitary enterprise in connection with the sale or reintroduction of its property complex in the authorized capital of a company of the society, as well as the termination of the establishment in the relationship with the incorporation of its property in the statutory capital of the joint-stock company The basis for the entry into a single state register of legal entities of the entry on the termination of the unitary enterprise in Relationship with the sale or incorporation of its property complex into the charter capital A joint-stock company and a record of termination of the institution in connection with the introduction of its property in the statutory capital of the joint-stock company in the cases provided for by the legislation of the Russian Federation is the decision on state registration adopted by the company. the registering body of the designated entity when submitting the following documents: (a) application for a single State register of legal entities to record the termination of a unitary enterprise in connection with the sale or incorporation of its property complex in the authorized capital A joint-stock company or application for the inclusion in the specified public register of the closure of the institution in connection with the introduction of its property to the equity capital of the stock company; b) of the decision on the terms of privatization The property complex of the unitary enterprise or the decision of the state authority, on the basis of which the introduction of the property complex of the unitary enterprise or property of the institution in the authorized capital of the joint-stock company; in) a copy of the document confirming state registration transfer of ownership to the property complex of the unitary enterprise or to the property of the institution. ". Article 17. (Spconsumed by Federal Law 23.06.2014) N 171-FZ) Article 18. On amending the Federal Law On privatization of state and municipal property " Amend Federal Law dated 21 December 2001 N 178-FZ "On the privatization of state and municipal property" (Assembly of Russian Federation Law, 2002, N 4, art. 251; 2003, N 9, sect. 805; 2006, N 17, sect. 1782) the following changes: 1) Article 6, paragraph 1, should be added to the following paragraph: " Features of the exercise by federal executive authorities in the privatization of federal property "Unitary enterprises of the nuclear energy industry complex of the Russian Federation and shares of joint-stock companies of the nuclear power industrial complex of the Russian Federation are established by the Federal Law" On the specifics of management and for the disposition of the assets and stocks of Activities in the field of the use of nuclear energy and amendments to selected legislative acts of the Russian Federation "."; of Article 3, paragraph 1, of the Federal Law " On the peculiarities of the management and administration of the property and shares of the organizations carrying out activities in the field of the use of nuclear energy and on making changes OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 11 is supplemented by paragraph 5, reading: " 5. The characteristics of the composition of the assets to be privatized and the calculation of their value are determined by the Federal Act on the peculiarities of the administration and disposal of property and of the activities of the organizations carrying out activities in the field of nuclear energy and of amending certain legislative acts of the Russian Federation. "; 4) in article 25: (a), add the words" and Federal Act on the Management and Administration of Property The actions of the organizations that carry out activities in the field of nuclear energy and the introduction of amendments to certain legislative acts of the Russian Federation "; b) to supplement paragraph 5 with the following: " 5. Features of the legal regulation of relations arising from the introduction of federal property into the authorized capital of an open joint-stock company referred to in article 3, paragraph 1, of the Federal Law on the peculiarities of governance and regulation "The property and actions of the organizations that carry out activities in the field of the use of nuclear energy and amending certain legislative acts of the Russian Federation shall be established by the Federal Law."; 5) article 43: (a) paragraph 15, after the words " property of the Federal "to supplement the words", as well as in the privatization of the property of the organizations of the nuclear power industry complex of the Russian Federation in accordance with the Federal Law " On the peculiarities of management and disposition of property, and of the Russian Federation: b) to supplement paragraph 19 with the following: " 19. The provisions of article 39, paragraph 3, of this Federal Act do not apply to the commission of the transactions stipulated in it by the Federal Law " On the peculiarities of the administration and disposition of the property and shares of organizations carrying out Activities in the field of the use of nuclear energy and amending certain legislative acts of the Russian Federation "provides for the approval of the President of the Russian Federation.". Article 19. Article 48, paragraph 3, of the Federal Law on Environmental Protection In 2002, the Russian Federation Council adopted the Law on Environmental Protection and the Law of the Russian Federation on the Protection of the Environment (2002, 2002, No. (133) The words "and nuclear materials from foreign States for the purpose of storage or" be replaced by the words "from foreign States on the basis of treaties of storage, including for purposes of". Article 20. On amending Article 190 of the Federal Law "On insolvency (bankruptcy)" Paragraph 2 of Article 190 of the Federal Law N 127-FZ "On insolvency (bankruptcy)" 4190) to be supplemented by the words "as well as other organizations in cases provided for by federal law". Article 21. Recognition of redundant part of the first Article 9 of the Federal Law "On peculiarities of the functioning of electric power in transition and on making changes to some legislative acts" of the Russian Federation and Russian Federation's legislative acts in connection with the adoption of the Federal Act 9 Federal Act dated March 26, 2003 N 36-FZ" On the peculiarities of the functioning of electric power during the transition period and on the introduction of amendments to some legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION (1178) Recognize redundant power. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 February 2007 N 13-FZ