RUSSIAN FEDERATION FEDERAL LAW About the peculiarities of the alienation of immovable property located in the state property of the constituent entities of the Russian Federation or in of municipal property and leased by small and medium businesses, and amendments to selected legislative acts of the Russian Federation , adopted by the State Duma on 4 July 2008 On July 11, 2008, the Federation Council approved the draft resolution. class="ed">(In the version of federal laws of 17.07.2009) N 149-FZ; of 02.07.2010 N 150-FZ; dated 02.07.2013. N 144-FZ; dated 29.06.2015 N 158-FZ Article 1. The relationships governed by this Federal Law 1. This Federal Act regulates relations arising out of the alienation of immovable property leased by the entities of the Russian Federation or from the municipal property of the constituent entities of the Russian Federation. (a) The need for the participation of small and medium-sized enterprises in the privatization of leased property. (In the wording of the Federal Law of 2 July 2013) N 144-FZ) 2. This Federal Act does not apply to: 1) relations arising from the disposition of leased property transferred to the organizations that form the infrastructure of support for small and medium-sized businesses in According to article 15 of the Federal Law of 24 July 2007, No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" (hereinafter referred to as the Federal Act on the Development of Small and Medium- business in the Russian Federation "); 2) relations arising from the privatization of property complexes of state or municipal unitary enterprises; 3) immovable property belonging to the State or municipal authorities for operational control; 4) immovable property which is limited in turnover; 5) public or municipal real estate, if 1 July 2015 the sale of such property at the auction or contract for the disposal of such property by a unitary enterprise. (The paragraph is amended to include the Federal Law of 2 July 2013. In the wording of the Federal Law No. N 158-FZ) 3. The relationship between small and medium-sized businesses in the privatization of leased property and not regulated by this Federal Law is regulated by the Federal Law N 178-FZ" On privatization of state and municipal property "(hereinafter referred to as the Federal Law" On privatization of state and municipal property ") property "). Article 2. Features of disposition of leased property 1. In case the executive branch of the constituent entity of the Russian Federation, the local government body has established coordinating or advisory bodies in the field of small and medium-sized enterprise development, the decision to include the leased Property in the regulatory legal acts on the planning of privatizations of state and municipal property may be adopted by the State authorities of the constituent entity of the Russian Federation or the local government not earlier than in 30 days after notification has been sent to the coordinating or The advisory bodies. 2. A State or municipal unitary enterprise has the right to dispose of immovable property owned and leased by a person who meets the requirements laid down in article 3 of this Federal Act, ensuring the lessee's right to purchase the said property. 3. The consent of the owner of the leased property, which belongs to the State or municipal unitary enterprise, to the right of economic management or operational management, to the conduct of a transaction by a unitary enterprise Exchange of such property shall be made not earlier than thirty days after the designated owner has notified the coordinating or advisory bodies in the development of small and medium-sized enterprises (in the event of such notification). bodies established under the relevant executive authority of the entity the Russian Federation and the local government) and the lessee or lessees of such property. Article 3. Preproperty right to purchase leased property Small and medium-sized businesses, with the exception of small and medium-sized businesses set out in article 14, paragraph 3, of Federal Law " Small and Medium Enterprise Development in the Russian Federation ", and small and medium enterprises engaged in mining and mineral processing (ex. In the case of the alienation of leased property from the State property of the constituent entity of the Russian Federation or municipal property, the right to acquire such property shall take precedence over the acquisition of such property at a price equal to that of the State of the market value and determined by an independent appraiser in accordance with the procedure established by the Federal Law of July 29, 1998 N 135-FZ " On assessment OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation). In this case, can be implemented provided that: (In the Federal Law dated 17.07.2009 N 149-FZ 1) the leased property as of July 1, 2015 is in their temporary possession and (or) temporary use for two or more years in accordance with the treaty or treaties leases of such property, except as provided for in article 9, part 2-1 of this Federal Law; (Federal laws dated 02.07.2013 N 144-FZ; dated 29.06.2015 N 158-FZ ) 2) there is no rent due for such property, liquidated damages (fines, penalties) on the day of the contract for the purchase and sale of the leased property in accordance with article 4, paragraph 4 of this Federal Law, and in the case provided for in Part 2 or Part 2 of Article 9 of this Federal Law-on the day the subject of small or medium-sized business is submitted an application for implementation priority in the acquisition of leased property; (Federal laws dated 17.07.2009 N 149-FZ; dated 02.07.2013. N 144-FZ) 3) (Spspent force-Federal Law of 02.07.2013. N 144-FZ) 4) the leased property is not included in the approved under article 18, paragraph 4, of the Federal Act on Development small and medium business in the Russian Federation " list of State property or municipal property intended for the transfer to and (or) the use of small and medium-sized business entities class="ed">, except as provided in part 2-1 of the article 9 of this Federal Law. N 144-FZ) Article 4. The order of priority implementation of the lessee's right to purchase the leased property 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with the regulatory legal acts of the constituent entities of the Russian Federation, they provide for the privatization of state or municipal property class="ed"> Priority of lessees for the acquisition of leased property with comply with the conditions set out in article 3 of this Federal Law. (In the wording of Federal Law No. N 149-FZ) 2. Within ten days from the date of the decision on the conditions for the privatization of leased property in accordance with the procedure established by the Federal Law on Privatization State and municipal property ", the competent authorities shall send to the tenants of small and medium-sized enterprises, in accordance with the requirements established by article 3 of this Federal Law, copies of the said decision, Proposals for the conclusion of contracts of sale State or municipal property (hereinafter referred to as the proposal) and contracts for the purchase and sale of leased property, as well as in the case of rent payable for property, liquidated damages (fines, penalties) the repayment of such debt with an indication of its size. (In the wording of Federal Law of 17.07.2009) N 149-FZ) 3. State or municipal unitary enterprise, which has decided to make a transaction for the alienation of immovable property belonging to it on the right of economic management or operational control; and A lease person who meets the requirements established by article 3 of this Federal Act and has obtained the consent of the owner for the disposition of the property, sends a proposal to the person concerned for the conclusion of a contract for the sale of the leased property. property, including the price of such property, as set out in accordance with The market value determined in accordance with the Federal Law On Evaluation Activity in the Russian Federation, The contract for the purchase and sale of leased property and in the presence of rent arrears for property, liquidated damages (fines, penalties) of the claim for payment of such debts, with an indication of its size. (In the wording of Federal Law of 17.07.2009) N 149-FZ) 4. In the case of the consent of a small or medium business entity to take advantage of the acquisition of the leased property, the contract for the sale of the leased property must be concluded within thirty days of receipt the subject of the proposal for its conclusion and/or a draft contract for the sale of leased property. (In the wording of Federal Law dated 17.07.2009 N 149-FZ 4-1. The period of time specified in paragraph 4 of this article shall be suspended if the subject of small or medium-sized business is challenged by the market value of the valuation object used to determine the value of the swimsuit, property, until the day of entry into force of the court's decision. (Part of the addition is the federal law of 02.07.2013. N 144-F) 5. When a contract is concluded for the sale of leased property, a declaration must be made by a small or medium-sized enterprise according to its terms and conditions of assignment to the categories of small and medium enterprises established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Rent payment in accordance with established (a) The need for the payment of compensation in the amount of the claim is for the payment of a claim. a subject of small or medium-sized business). (In the wording of Federal Law of 17.07.2009) N 149-FZ) 6. On any day before the expiry of the period specified in paragraph 4 of this article, small and medium-sized businesses are entitled to submit in writing a declaration of non-priority over the acquisition of leased property. 7. The assignment of priority to the acquisition of leased property by small and medium-sized business entities is not permitted. 8. Subjects of small and medium-sized enterprises have the right to appeal in accordance with the procedure established by the law of the Russian Federation: 1) refusal of the authorized body to take precedence over Acquisition of leased property, as well as its failure to take a decision on the disposition of the leased property and (or) the commission of legally significant actions necessary to give priority to the acquisition of the leased property property; 2) the reliability of the market value of the object valuation used to determine the value of the bathing property. (Part of the Federal Law 02.07.2013 N 144-F) 9. Small and medium business entities lose priority over the acquisition of leased property: 1) since the failure of a small or medium business entity to enter into a lease contract Property; (In the wording of Federal Law of 17.07.2009) N 149-FZ ) 2) after 30 days from the receipt by the small or medium business subject of a proposal and/or a draft contract for the sale of leased property in the event that the contract is not signed by a small or medium business entity within the specified period of time, except in cases of suspension of the period of time specified in accordance with Part 4-1 of this Article; Federal laws dated 17.07.2009 N 149-FZ; dated 02.07.2013. N 144-FZ) 3) since the termination of the contract of purchase and sale of the leased property due to a significant breach of its terms by the subject of small or medium-sized businesses. 10. Within thirty days of the loss by the principal of small or medium business, the preference for the acquisition of leased property on the grounds specified in part 9 of this article, the authorized body in accordance with the procedure established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION State or municipal property established by federal law " About privatization of state and municipal property "; 2) to cancel the decision on the conditions for the privatization of leased property. 11. In the contract for the sale of leased property acquired by small and medium-sized businesses, the parties confirm the fulfilment by the seller and the buyer of the conditions set out in article 3 of this Federal Law. (Part of the addition is the Federal Law of 17.07.2009. N 149-FZ) Article 5. The order of payment for the state or municipal of the property acquired by its tenants under the acquisition of priority on its acquisition 1. Payment of immovable property owned by the constituent entities of the Russian Federation or in municipal ownership and purchased by small and medium-sized businesses while exercising the right of priority to The acquisition of leased property is effected in a single or a instalments, through monthly or quarterly payments in equal instalments. The period of payment by instalments of such property acquired by entities of small and medium-sized enterprises in exercising the right to purchase the leased property shall be established by the laws of the constituent entities of the Russian Federation, but should not be less than five years. (In the version of federal laws of 2/07.2013) N 144-FZ; dated 29.06.2015 N 158-FZ) 2. The right to choose the payment order (lump sum or in instalments) of the leased property, as well as the period of installments in accordance with this article, shall be vested in the subject of small or medium-sized business Priority for acquisition of leased property. 3. The amount of cash granted by the instalment is calculated on the basis of interest rate equal to one third of the refinancing rate of the Central Bank of the Russian Federation in effect at the date of publication of the announcement Sale of leased property. 4. Payment of the leased property may be paid in advance on the basis of the buyer's decision. 5. In the event that the leased property is purchased by the lessee in instalments, the equipment in question is on deposit with the seller until full payment is made. The terms and conditions of the contract for the sale of leased equipment are void. (In the wording of the Federal Law of 17 July 2009, N 149-FZ) 6. The value of the inseparable improvements of the leased property shall be credited to the purchase of the leased property in the event that the improvements have been made with the consent of the lessor. Article 6. Consequences of failing to comply with the requirements of the State or municipal property exchange transactions 1. Transactions for the privatization of state or municipal property and other transactions aimed at the transfer of state or municipal property to the exchange of property and offences committed in violation of the requirements established by this Federal Law, -insignificant. 2. In the case of the sale of leased property in violation of the right of priority to acquire a small or medium-sized business subject to the requirements of article 3 of this Federal Act, within two months of being sold The time when he learned or should have been aware of the violation in respect of the leased property had the right to demand that the rights and obligations of the buyer be transferred to the court. Article 7. On amending Federal Law "On privatization of state and municipal property" Article 3 of the 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; 2005, No. 2425; 2006, N 2, sect. 172; 2007, N 49, sect. 6079; 2008, N 20, sect. (2253) to supplement paragraph 5 with the following: " 5. The special features of the participation of small and medium-sized businesses in the privatization of leased state or municipal real estate may be established by federal law. ". Article 8. On amendments to the Federal Law "On Small and Medium Enterprise Development in the Russian Federation" Amend Federal Law dated 24 July 2007 N 209-FZ" On Small and Medium Enterprise Development in the Russian Federation " (Russian Federation Law Assembly 2007, N 31, p. 4006; N 43, sect. (5084) the following changes: 1) Article 9 add the following: "16) Formation of support infrastructure for small and medium-sized businesses and support its activities."; 2) Article 13 should be supplemented with Part 5, as follows: " 5. Decisions of federal executive authorities, executive bodies of the constituent entities of the Russian Federation and local authorities on the establishment of coordinating or advisory bodies in the field of small and medium development Entrepreneurship is to be published in the mass media, as well as the posting on the official websites of the relevant state bodies of executive power, local authorities on the Internet. "; 3) in Article 18: (a) Part 4 should read: " 4. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the local authorities have the right to approve lists of State property and municipal property, free of the rights of third parties (for the protection of human rights). Exclusions of the property rights of small and medium-sized businesses). State and municipal property included in the listed lists can only be used for the purpose of granting it ownership and/or (or) use on a long-term basis (including at reduced rates of rent) to the entities small and medium-sized enterprises and organizations providing support infrastructure for small and medium-sized businesses. These lists are subject to mandatory publication in the mass media, as well as the posting on official websites of the approved state bodies of the executive, local authorities. "; b) supplement Parts 4 to 1 and 4 to 2 as follows: " 4-1. Procedures for the formation, maintenance, compulsory publication of the lists referred to in Part 4 of this article, as well as the manner and conditions of the lease (including benefits for small and medium-sized enterprises engaged in social activities) The state and municipal property involved in them is established by the normative legal acts of the Russian Federation, the regulatory legal acts of the constituent entities of the Russian Federation and the municipal authorities. legal acts. 4-2. State and municipal property included in the lists referred to in Part 4 of this Article shall not be expropriated into private property, including the property of small or medium-sized businesses renting it property. ". Article 9. Transitional provisions 1. In the event that the law of the constituent entity of the Russian Federation does not set a time limit for payment of the rental property provided for in article 5 of this Federal Act, the term of payment of the rented property shall be equal to five years. (In the wording of the federal laws of 2 July 2013, } N 144-FZ; dated 29.06.2015 N 158-FZ) 2. The subject of small or medium-sized businesses, as set out in article 3 of this Federal Act (hereinafter referred to as the applicant), shall be entitled to submit to the competent authority an application for compliance with the conditions classification of small or medium-sized businesses as defined in article 4 of the Federal Act on Small and Medium Development OF THE PRESIDENT OF THE RUSSIAN FEDERATION priority of the acquisition of leased property (hereinafter referred to as "the application"), not included in article 18, part 4, of the Federal Law "On the development of small and medium-sized enterprises in the Russian Federation" a list of State property or municipal property intended for transfer to and (or) the use of small and medium enterprises business. 2-1. The applicant is entitled, at his own initiative, to send to the competent authority an application for property included in the property approved in accordance with article 18, paragraph 4, of the Federal Act on the Development of Small and Median Entrepreneurship in the Russian Federation. The Federation " a list of State property or municipal property intended for the ownership and (or) use of small and medium-sized businesses, provided that: 1) Rental of assets as at 1 July 2015 Possession and/or temporary use continuously for three years or more in accordance with the contract or lease of such property; (In the wording of the Federal Law dated 29.06.2015 N 158-FZ) (2) the leased property is included in the list of State property or equipment approved under article 18, paragraph 4, of the Federal Act on the Development of Small and Medium Enterprises in the Russian Federation. Municipal property for transfer to and (or) the use of small and medium business entities for five years or more before the day of submission of the application. (Part added- Federal law dated 02.07.2013. N 144-F) 3. Upon receipt of the application, the competent authorities must: 1) ensure that the contract is concluded for the valuation of the market value of the leased property in accordance with the procedure established by the Federal Law "On assessment activities in the Russian Federation", within a two-month period from the date of receipt of the application; 2) to decide on the conditions for the privatization of the leased property within two weeks from the date of the adoption of its evaluation report; 3) Issue a 10-day period from the date of the decision on the terms and conditions of the privatization of the leased property to the draft contract for the purchase and sale of leased property. (In the wording of Federal Law of 17.07.2009) N 149-FZ) 4. In the event that the applicant does not comply with the requirements and (or) alienation of the leased property specified in the application in accordance with article 3 of this Federal Law, in the exercise of the right of priority to the acquisition of the leased property, of property shall not be permitted under this Federal Act or other federal laws, the authorized body within thirty days of the date of receipt of the application shall return the property to the lessee, indicating the reason for the refusal of acquisition Leased property. Article 10. Entry into force of this Federal Law 1. This Federal Law shall enter into force 10 days after its official publication, with the exception of article 9, paragraphs 2, 3 and 4, of this Federal Law. 2. Article 9, paragraphs 2, 3 and 4, of this Federal Act shall enter into force on 1 January 2009. 3. Articles 1 to 6 and 9 of this Federal Law are valid until 1 July 2018. (Federal laws dated 02.07.2010 y. N 150-FZ; dated 02.07.2013. N 144-FZ; dated 29.06.2015 N 158-FZ) President of the Russian Federation Dmitry Medvedev Moscow, Kremlin July 22, 2008 N 159-FZ