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On Amendments To The Federal Law "on The State Corporation" Russian Technologies "

Original Language Title: О внесении изменений в Федеральный закон "О Государственной корпорации "Ростехнологии"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On the State Corporation" Rostekhnologii " adopted by the State Duma on April 24, 2009 Approved by the Federation Council on April 29, 2009 29 December 2010 N 437-FZ; of 10.07.2012 N 108-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5814) the following changes: 1) Article 1 to be supplemented with the words "as well as the peculiarities of the transfer of the Russian Federation's State Corporation" Rostechnologii ", including the peculiarities of the relations arising in the process The conversion of federal State unitary enterprises into open joint-stock companies, whose shares are to be transferred as a property contribution of the Russian Federation "; 2) of article 2, paragraph 4, to read as follows: " 4. Full name of the State Corporation "Rostekhnologii" in English-State Corporation for Assistance to Development, Production and Export of Advanced Technology Industrial Product "Rostekhnologii". The abbreviated name in English is State Corporation "Rostekhnologii". "; 3) in article 3: a), Part 1, as follows: " 1. The purpose of the activities of the State Corporation Rostechnologii is to promote the development, production and export of high-tech industrial products by providing support in the domestic and foreign markets of Russian organizations. "Technology" for the "development" or "production" of: In other words, it is possible to influence the decisions of these organizations The decision (hereinafter referred to as the organization of the State Corporation "Rostekhnologii"), as well as by attracting investments in the organization of various branches of industry, including the defense industry complex "; b) in Part 3: paragraph 1 to supplement the words ", to carry out advanced research and to develop technologies"; to add paragraph 3 to the words ", as well as to the organization, in accordance with the legislation of the Russian Federation, of the implementation of the State armaments programme, of the state defence order and the mobilization plan, long-term target programmes, federal targeted programmes and military technical cooperation programmes "; 4) article 6: (a) should be supplemented by Part 3 reading: " 3. Director General of the State Corporation "Rostechnologii": 1) has the right to make proposals on the realization of the purpose of the activity, functions and powers of the State Corporation Rostechnologii, organizations of the State Corporation. "Rostekhnologii", the powers of the management bodies of the State Corporation "Rostekhnologii" to the President of the Russian Federation (including on the implementation of the state armament program, state defense order and mobilization. plans, long-term target programmes, OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION local government; 2) At the meeting of the Government of the Russian Federation, the federal executive authorities, the State authorities of the constituent entities of the Russian Federation on the activities of the State Corporation "Rostekhnologii"; 3) shall be included in the coordination and advisory bodies, panels, relevant activities of the State Corporation "Rostechnologii", which are formed by the President of the Russian Federation, the Government of the Russian Federation, by the federal executive branch, on the implementation of public policy and regulatory functions in the promotion of the development, production and export of high-technology industrial products. "; b) (spent power- Federal Law of 29.12.2010 N 437-FZ 5) in article 7, paragraph 1: (a), paragraph 7 should read: " 7) to establish branches and open offices in the territory of the Russian Federation and the territories of foreign States. Representatives of the MFA of the Russian Federation to the constituent entities of the Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The expenses for the maintenance of these representatives are carried out by the State Corporation "Rostekhnologii" using the accounts of the diplomatic missions and consular offices of the Russian Federation, trade offices of the Russian Federation; " b) to supplement paragraph 10-1 as follows: "10-1) to create departmental security in the organizations of the State Corporation" Rostekhnologii ";"; in) to supplement paragraph 12-1 with the following content: " 12-1) to be implemented after adoption by the Government The Russian Federation decided to transfer publicly owned shares of the State Corporation "Rostekhnologii" as a property contribution of the Russian Federation to implement on behalf of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation Unitary enterprises in open joint stock companies, 100% of which are in federal ownership, with the subsequent transfer of them to the State Corporation "Rostekhnologii" as a property contribution of the Russian Federation Owner of the property of such federal State unitary enterprises; "; d) paragraph 13 after the words" military purpose "to be supplemented with the words" and monitoring the financial condition of other organizations of the State Corporation "Rostekhnologii"; d) to supplement paragraphs 13-1-13-4 of the following content: " 13-1) to participate in the established procedure for international military exhibitions of military products in the territory of the Russian Federation and territories of foreign states; 13-2) to organize exhibitions, fairs, specialized symposia, conferences, participation in them, conducting campaigns (including advertising campaigns) to promote high-tech industrial products, services, and outcomes of intellectual activity markets; 13-3) OF THE PRESIDENT OF THE RUSSIAN FEDERATION This Federal Law and the decisions of the President of the Russian Federation; 13-4) to carry out inspections and audits of the financial and economic activities of the organizations of the State Corporation "Rostekhnologii"; "; 6) of article 8, paragraph 2. complete with the following sentence: " The order of publication The annual report of the State Corporation "Rostekhnologii" is established by the Supervisory Board of the State Corporation "Rostekhnologii". "; 7) in Article 11: (a) Part 8, after the words" members of the Supervisory Board " At the initiative of the Board of the State Corporation "Rostekhnologii", the audit committee of the State Corporation "Rostechnologii", the audit organization referred to in Article 9 of this Federal Law, "; b) to supplement parts 11-1-11-3 are as follows: " 11-1. Member of the Supervisory Board of the State Corporation "Rostechnologii", which proposes to be absent at the meeting of the Supervisory Board of the State Corporation "Rostechnologii", may send to the Supervisory Board of the State Corporation "Rostekhnologii", prior to its meeting, in writing on the issues on the agenda of the meeting of the Supervisory Board of the State Corporation "Rostechnologii", to take this point into account during the meeting. At the same time, the chairman of the Supervisory Board of the State Corporation "Rostekhnologii" or an authorized person informs the members present at its meeting of the Supervisory Board of the State Corporation "Rostechnologii". In the form of a written opinion, it was entered into the record of the meeting of the supervisory board of the State Corporation "Rostekhnologii". The Supervisory Board of the State Corporation "Rostekhnologii" has the right to make decisions without convening a meeting of the supervisory board of the State Corporation "Rostechnologii" by conducting absentencast voting in accordance with the procedure established by the supervisory board. The Council of the State Corporation "Rostekhnologii". 11-3. The Secretary of the Supervisory Board of the Rostechnologii State Corporation is appointed by the Supervisory Board of the State Corporation Rostechnologii on the recommendation of its Director General and is a staff member of the State Corporation. The corporation Rostekhnologii. The Secretary of the Supervisory Board of the Rostechnologii State Corporation performs the preparation and distribution of documents in accordance with the agenda of the meeting of the Supervisory Board of the State Corporation "Rostechnologii". Chairman of the Supervisory Board of the State Corporation "Rostechnologii", keeps records and arranges the storage of the minutes of the Supervisory Board of the Rostechnologii State Corporation. The following text should be restated: " 12) making decisions on appointment The chairman and members of the audit commission of the State Corporation "Rostekhnologii" and termination of their powers; "; 9) in article 16: (a) paragraph 5 should read: " (5) assigns responsibilities between In the event of their absence, the Deputy Director General of the State Corporation "Rostekhnologii" acting on behalf of The State Corporation "Rostekhnologii", which represents without Power of attorney of her interest in relations with federal bodies of state power, state authorities of the constituent entities of the Russian Federation, local authorities, foreign organizations, international organizations, other bodies (b) Paragraph 9 should read: " 9) issues a power of attorney (including with the right of trust), opens a bank account in the Central Bank of the Russian Federation, as well as bank accounts in other OF THE PRESIDENT OF THE RUSSIAN The first sentence of Part 2 of Article 17 should read: "Decisions on the appointment of the chairman and members of the Audit Commission of the State Corporation" Rostekhnologii " and on the termination of their powers, including on the early termination of their powers shall be taken by the Supervisory Board of the State Corporation "Rostekhnologii". "; 11) to supplement Article 17-1 as follows: " Article 17-1. The formation and organization of activities of the Scientific and Technical Council of the State Corporation of Rostekhnologii 1. The scientific and technical council of the State Corporation Rostechnologii is an advisory body and is formed from among persons with experience and knowledge in the field of promoting the development, production and export of high-tech industrial products. The regulation on the scientific and technical council of the State Corporation "Rostekhnologii" is approved by the Supervisory Board of the State Corporation "Rostekhnologii". 2. The activities of the scientific and technical council of the State Corporation "Rostechnologii" are: 1) development of the scientific and technical development program of the State Corporation "Rostekhnologii" for the long term; 2) Production of proposals to promote the sale of products by Rostechnologii State Corporation, including military products, in the markets of high-tech industrial products; 3) technical and technological solutions, proposals for use of scientific and technological achievements and experience of foreign states in order to develop the production and technological capabilities of the State Corporation Rostechnologii; 4) prepare proposals for expansion The export opportunities of the State Corporation Rostechnologii for high-tech industrial products. 3. The scientific and technical council of the State Corporation "Rostechnologii" includes 19 members, including the chairman of the scientific and technical council of the State Corporation "Rostechnologii", which are appointed by the management of the State Corporation. Rostechnologii Corporation for a period of five years. Members of the scientific and technical council of the State Corporation "Rostechnologii" may be employees of the State Corporation "Rostekhnologii". The powers of members of the scientific and technical council of the State Corporation "Rostekhnologii" can be terminated by the decision of the board of the State Corporation Rostechnologii ahead of schedule. The procedure for the nomination of candidates for the scientific and technical council of the State Corporation "Rostechnologii" and the procedure for early termination of powers of members of the scientific and technical council of the State Corporation "Rostechnologii", as well as tasks, functions and other The activities of the scientific and technical council of the State Corporation "Rostekhnologii" are determined by the regulation on scientific and technical council of the State Corporation "Rostekhnologii". 4. The scientific and technical council of the State Corporation "Rostechnologii" has the power to make decisions if at its meeting there is at least half of the members of the scientific and technical council of the State Corporation "Rostekhnologii". "; 12). Article 18: (a) Replace the word "State" with the words " 1. State "; b) supplement Part 2 with the following content: " 2. With the liquidation of the State Corporation "Rostekhnologii", its property is transferred to the federal property. "; 13) to supplement Article 18-1 as follows: Article 18-1. Features of the transfer of the State Corporation "Rostekhnologii" property contribution of the Russian Federation, the peculiarities of relations arising in the process of conversion of the federal state The unitary enterprise of the Unitary Enterprise, whose shares are to be transferred as a property contribution of the Russian Federation 1. In order to carry out the transfer of the State Corporation "Rostekhnologii" to the property contribution of the Russian Federation, there is a transitional period, which is effective from the date of the entry into force of this Federal Law until 2012. Transfer of a property contribution of the Russian Federation to the State Corporation "Rostekhnologii" of the Russian Federation shall be carried out taking into account the characteristics set out in this article. 2. Transforming state unitary enterprises into open joint-stock companies, one hundred per cent of whose shares are in federal ownership and transferred to the State Corporation "Rostekhnologii" as a property contribution The Russian Federation (hereinafter referred to as "property contribution") is carried out in accordance with the legislation of the Russian Federation on privatization and taking into account the following peculiarities: (1) property; Owned by Federal State Unitary Enterprise (under The transfer of it to the property of open joint-stock companies created by the transformation of federal unitary enterprises, whose shares are transferred as a property contribution of the Russian Federation) (hereinafter referred to as the The property of the Federal State Unitary Enterprise), 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 in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION This federal law, including the shares of organizations transferred as a property contribution, is included in the transfer act independently of the property in the register of federal property; 3) land which is OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The lease rate for the use of the land referred to in paragraph 3 of this Part shall be determined by the Government of the Russian Federation; 5) claims by creditors of the federal state unitary enterprises, when they are converted into open joint-stock companies, whose shares are transferred as a property contribution of the Russian Federation, are to be satisfied in accordance with the conditions and content of the obligations on which they are bound are based. The rules of article 60, paragraphs 1 and 2, of the Civil Code of the Russian Federation do not apply; 6) (Spaced by force-Federal Law dated 10.07.2012 N 108-FZ 3. Privatization of the property of federal unitary enterprises, for which no decisions have been taken by the President of the Russian Federation and (or) the decision of the Government of the Russian Federation to transform them into open joint stock companies, 100 The shares of shares of which are transferred to the State Corporation "Rostekhnologii" as a property contribution of the Russian Federation shall be carried out without taking into account the features established by this Federal Law. 4. State registration of real property rights (including land plots and construction in progress) in the privatization of property of state unitary enterprises that are converted into open joint stock of the Russian Federation, with one hundred per cent of the shares being transferred as a property contribution of the Russian Federation, taking into account the following characteristics: 1) the transfer of ownership of these immovable property that arose prior to the day The entry into force of Federal Act No. 122-FZ of 21 July 1997 " State registration of real property rights and transactions " (hereinafter referred to as the Federal Act on State Registration of Rights to Immovable Property and Transactions), to open joint-stock companies referred to in this article, The State registration of the rights of the Russian Federation and the State registration of the rights of the federal State unitary enterprises, as set out in this Federal Act and in the possession of which it has been held, is carried out without State registration. This property; 2) when transferring real estate objects that are listed in paragraph 1 of this part and the legal documents for which were issued after the date of the entry into force of the Federal Law "On State Registration of Rights to Immovable Property and Transactions", to the property of the public joint-stock companies established by the transformation of federal State unitary enterprises, one hundred per cent of whose shares are transferred as a property contribution of the Russian Federation, State registration of ownership rights THE RUSSIAN FEDERATION Registration was not conducted simultaneously with the state registration of the rights of the public joint-stock companies; 3) the grounds for the State registration of the ownership rights of public joint-stock companies specified in This article, in the cases provided for in paragraphs 1 and 2 of this Part, is a decision on the conditions for the privatization of federal property and transmission. 5. Following the adoption by the Government of the Russian Federation of a decision on the transformation of federal unitary enterprises into open joint-stock companies, one hundred per cent of the shares in federal ownership, and their subsequent transfer The State Corporation "Rostechnologii", as a property contribution of the Russian Federation, carries out the following rights of the owner of the said federal State property in accordance with the procedure established by the Government of the Russian Federation. Unitary Enterprise (hereinafter business): 1) approves the statutes of the enterprises, makes changes in them, forms the statutory funds of enterprises; 2) makes proposals for the establishment of federal property on the rights of business enterprises; 3) appoints to A post and relives the heads of enterprises, concludes, modifies and terminates employment contracts with them in accordance with the labour laws and other rules of labour law; 4) shall agree upon the employment and dismissal of the chief accountants enterprises, conclusion, modification and termination of employment contracts with them; 5) makes decisions on the principal issues of business activity, including the appointment of chief designers; 6) approves Annual accounting statements and enterprise reports; 7) define how business plans (programmes) are compiled, approved and established; 8) controls by the use of the 9) approves business performance indicators and supervises their performance; 10) gives the enterprises the required jobs; 11) accepts the decision to conduct audits; 12) approves the audit organization and determines the amount of its remuneration; 13) gives consent to the disposition of the immovable property, to the commission of major transactions and transactions, in committed by the manager of the enterprise or in the in cases prescribed by federal laws, other regulatory legal acts of the Russian Federation or the statutes of enterprises, other transactions; 14) gives consent for the participation of enterprises in associations and other associations commercial organizations, as well as other commercial and non-profit organizations; 15) gives its consent to the establishment of branches and the opening of business offices; 16) decides on the redistribution of the federal property between enterprises; 17) agrees implementation Enterprise borrowing; 18) decides to increase or decrease the authorized capital of enterprises; 19) sets the order of the part of the profits of the enterprises that remain at their disposal after paying taxes, The State Corporation Rostechnologii fees and other obligatory payments; 20) decides on the direction of the part of the profits of the enterprises remaining at their disposal after payment of taxes, fees and other obligatory payments, The revenue of the State Corporation "Rostekhnologii". 6. The State Corporation "Rostekhnologii" has the right to apply to the court for recognition of transactions with property of the enterprise, for which the consent of the State Corporation "Rostekhnologii" is required, as well as with the law. The requirement to apply the consequences of null and void transactions in the event that such transactions have not been agreed with the State Corporation "Rostekhnologii". The State Corporation "Rostekhnologii" has the right to claim the property of the enterprise from illegal possession. 7. The State Corporation "Rostekhnologii" carries out in the procedure established by the Government of the Russian Federation on behalf of the Russian Federation the rights of the shareholder of open joint-stock companies, the shares of which are in federal ownership and As a property contribution of the Russian Federation to the State Corporation Rostechnologii as a property contribution of the Russian Federation. " President of the Russian Federation Dmitry Medvedev Kremlin May 7, 2009 N 88-FZ