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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Improvement Of The Order Of The Alienation Of Immovable Property Situated In State Property Of Subjects Of The Russian Federation Or In Municipal Property

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с совершенствованием порядка отчуждения недвижимого имущества, находящегося в государственной собственности субъектов Российской Федерации или в муниципальной собственности

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the improvement of the order alienation of real estate Property located in the State property of the constituent entities of the Russian Federation or in municipal property and leased entities small and medium-sized businesses Accepted by the State Duma on 19 June 2013 Federation on 26 June 2013 Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3434; 2008, N 27, Text 3126; N 45, sect. 5141; 2009, N 29, est. 3601, 3610; 2010, N 15, st. 1736; 2011, N 29, 100 4291; N 50, sect. 7343), the following changes: 1) in paragraph 4 of article 19, paragraph 4, of the word ", municipal and intermunicipal" shall be replaced by the words "and municipal"; (2) Part 4 of Article 53 shall be declared invalid. Article 2 Amend the Federal Law of July 24, 2007 N 209-FZ " On the development of small and medium-sized businesses in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4006; N 43, sect. 5084; 2008, N 30, sect. 3615; 2010, N 28, stop. 3553; 2011, N 50, sect. 7343) The following changes: 1) Article 7, paragraph 2, to read as follows: " (2) Simplified accounting policies, including simplified accounting (financial) reporting, and simplified management of cash registers "operations for small businesses;"; 2) in article 10, paragraph 2, of the words "and inter-municipal" delete; 3) in article 15: (a) Part 2, after the words "consultation centres," with the words " industrial parks, industrial parks, agro-industrial parks, commercialisation centres technology, centres for collective access to high-tech equipment, engineering centres, prototyping and industrial design centres, technology transfer centres, cluster development centres, government funds for scientific support, "Science, technology and innovation, which carry out activities in accordance with the laws of the Russian Federation,"; (b) Part 3 should read as follows: " 3. The requirements for the organizations that form the infrastructure of support for small and medium-sized businesses are established by the Russian Government's commissioner, the federal executive, and the public authorities. of the constituent entities of the Russian Federation, local self-government bodies in the implementation of federal programs for the development of small and medium-sized enterprises, regional development programmes of small and medium-sized businesses, municipal development programmes for small and medium enterprise. "; in) Part 4, in addition to the words" and the requirements laid down in the manner prescribed in Part 3 of this Article "; (4) Part 2 of Article 17, after the word" shall " be supplemented by In the words "public funds to support scientific, technological, and innovative activities which carry out activities in accordance with the laws of the Russian Federation, and"; 5) in article 18: a) in Part 1 The proposal should be amended to read: " Provision of property Support for small and medium-sized businesses, as well as support organizations for small and medium-sized businesses (except those referred to in article 15 of this Federal Law Scientific, scientific, technical, innovation activity in the form of state institutions) is carried out by state authorities, local authorities in the form of transfer of ownership and (or) in the use of State or municipal property, Number of land plots, buildings, structures, structures, non-residential premises, equipment, machinery, machinery, facilities, vehicles, tools, tools, on a reimbursable basis, free of charge or on preferential terms in accordance with Federal programmes for the development of small and medium-sized businesses, regional programmes for the development of small and medium-sized enterprises, municipal programmes for the development of small and medium-sized businesses. "; b) Part 2 is supplemented with the words " except for Donation of such property to the property of small and medium-sized enterprises in accordance with article 9, part 2-1 of the Federal Law of 22 July 2008, No. 159-FZ " On the peculiarities of the alienation of immovable property situated in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION (c) in the second sentence of Part 4, the word "only" should be deleted, " as well as, on a reimbursable basis, the property of small and medium-sized businesses in accordance with article 9, part 2, paragraph 1, of the Federal Act No. 159 of 22 July 2008 on the peculiarities of the alienation of immovable property, OF THE PRESIDENT OF THE RUSSIAN FEDERATION g) Part 4-1 after "socially significant activities" in addition to the words "other small and medium-sized enterprises, regional development programmes of small and medium-sized businesses, municipal development programmes of subjects" of small and medium-sized businesses with priority activities "; d) part 4-2 to read: " 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 except for the transfer of such property to the property of small and medium-sized entities. In accordance with article 9, paragraph 2, of the Federal Act No. 159-FZ "On the peculiarities of the alienation of immovable property owned by the constituent entities of the Russian Federation or in the municipal government" owned and leased by small and medium-sized enterprises, and amending certain legislative acts of the Russian Federation. ". Article 3 In 2008, No. 159-FZ " On the peculiarities of the alienation of immovable property owned by the constituent entities of the Russian Federation or in municipal property and leased by small and medium-sized businesses, and of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3615; 2009, N 29, stop. 3586; 2010, N 27, sect. 3434) The following changes: 1) in article 1: a) in Part 1 of the word "at the date of the entry into force of this Federal Law" delete; b) Part 2 add to paragraph 5, reading: " 5) State or municipal immovable property, if, as at 1 July 2013, the sale of such property was issued on the auction or contract providing for the disposal of such property by a unitary enterprise. "; 2) in article 3: (a), paragraph 1 should be redrafted to read: " (1) Leased assets as of 1 July 2013 are in their temporary possession and (or) for a continuous period of two years or more under the contract or lease of such property, except in the case provided for in article 9, paragraph 2 (1) of this Federal Law; "; (b) paragraph 2, after the words" provided for in Part 2 ", add the words" or part 2-1 "; , paragraph 3, shall be declared null and void; g) paragraph 4 to supplement the words ", except as provided for in article 9, part 2, of article 9 of the Federal Law "; 3) in article 4: a) to be supplemented with Part 4-1 as follows: " 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, " (...) (...) (...) Subjects of small and medium-sized enterprises have the right to appeal in accordance with the procedure established by Russian law: 1) refusal of the authorized body to give priority to the acquisition of the 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; 2) Validity of the market value of the estimate object used for the "(b) Part 9, paragraph 2, of the definition of the price of the property to be supplemented with the words", except in the case of the suspension of the period of the said period in accordance with Part 4-1 of this Article "; 4), paragraph 1, after the words" In addition to the words "supplemented by monthly or quarterly payments in equal shares", supplemented by the words "but shall not be less than three years"; 5) in article 9: (a) Part 1, amend to read: " 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 rental property shall be three years. " b) add the following content to Part 2-1: " 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. A " list of State property or municipal property intended for the transfer of possession to and (or) the use of small and medium-sized business entities, provided that: (1) leased property 1 September 2012 is in its temporary possession and/or temporarily Lease of use for five years or more under a contract or lease of such property; 2) the leased property is included in the federal law "On the development of the mologota", part 4, article 18, paragraph 4 in the Russian Federation " list of State property or municipal property intended for the transfer of possession to and (or) the use of small and medium business entities within five and more than a year before the date of the application. "; 6) in article 10, paragraph 3, of the "until 1 July 2013" to read "before 1 July 2015". Article 4 Admit invalid: 1) Article 1, paragraph 5 of Federal Law dated November 8, 2008 N 195-FZ " On introducing amendments to the Federal Law on the Protection of Competition " (Collection of Laws of the Russian Federation, 2008, N 45, p. 5141); 2) Part 2 of Article 2 of the Federal Law of 17 July 2009 N 149-FZ "On amendments to the Federal Law" On peculiarities OF THE PRESIDENT OF THE RUSSIAN FEDERATION legislative acts of the Russian Federation " (Legislative Assembly Russian Federation, 2009, No. 29, Art. 3586); 3) article 1, paragraph 2 (b), of the Federal Law of 17 July 2009 N 173-FZ " On amendments to Articles 17-1 and 53 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3610). Article 5 1. In the case of immovable property situated in the State property of the subjects of the Russian Federation or in municipal property, the privatization of which is carried out on the date of the entry into force of this Federal Law and the lessee's right to purchase previously was not realized because the lease failed to comply with the requirements of article 3, paragraph 1, of the Federal Act dated July 22, 2008 N 159-FZ " peculiarities of the alienation of immovable property owned by the entities of the Russian Federation or in municipal property and leased by small and medium-sized businesses, and on the introduction of changes in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 3 (3) of the Federal Law dated July 22, 2008 N 159-FZ" On peculiarities of the alienation of real estate owned by the constituent entities of the Russian Federation or of municipal property and rented by small and medium enterprises and amendments to selected legislative acts of the Russian Federation " (as amended by the day of the entry into force of this Federal Law), authorities of the constituent entities of the Russian Federation Local governments are obliged to comply with the requirements of the Federal Law of July 22, 2008 No. 159-FZ " On peculiarities of immovable property alienation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Federal Law), with the exception of If, on the day of the entry into force of this Federal Act, a declaration of sale of such property has been issued. 2. In the case of immovable property located in the State property of the constituent entities of the Russian Federation or in municipal ownership, alienation on the exchange of immovable property on the date of the entry into force of this Federal Act is exercised by a unitary enterprise and the lessee's right to purchase previously has not been realized because the lease contract did not meet the requirements of article 3, paragraph 1, of the Federal Law dated July 22, 2008 N 159-FZ " On the peculiarities of the alienation of immovable property owned by the constituent entities of the Russian Federation or in municipal property and leased by small and The amendments to certain legislative acts of the Russian Federation " (as amended by the date of entry into force of this Federal Law) and (or) the area of rented premises exceeded the limit of the value of the leased property established in accordance with paragraph 3 Article 3 of the Federal Law of July 22, 2008 No. 159-FZ "On the peculiarities of the alienation of immovable property situated in the State". OF THE PRESIDENT OF THE RUSSIAN FEDERATION the entry into force of this Federal Act), Unitary Enterprise are obliged to comply with the requirements of the Federal Law of July 22, 2008, No. 159-FZ " On the peculiarities of the alienation of immovable property located in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the present Federal Act), except if for the day The entry into force of this Federal Act has been issued for the sale of such property at the auction or to a contract providing for the disposal of such property by a unitary enterprise. 3. The refusal of the State authority of the constituent entity of the Russian Federation, the refusal of a local government authority to acquire a small or medium-sized business of leased property on the grounds of non-conformity of the lease contract the requirements of article 3, paragraph 1, of the Federal Law of 22 July 2008, No. 159-FZ " On the peculiarities of the alienation of immovable property situated in the of the constituent entities of the Russian Federation Municipal property and leased entities of small and medium-sized businesses and amendments to selected legislative acts of the Russian Federation " (as amended by the date of entry into force of this Federal Law) and/or non-conformity of the area of rented premises established in accordance with article 3, paragraph 3, of the Federal Law of 22 July 2008, No. 159-FZ " Features of the alienation of immovable property located in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION The limits of the size of the leased property in force until the date of the entry into force of this Federal Act do not prevent the small or medium business entity from redirecting the declaration provided for in Part 2 Article 9 of the Federal Law dated July 22, 2008 N 159-FZ" On peculiarities of the alienation of real estate owned by the constituent entities of the Russian Federation or Municipal ownership and leasing of small and medium-sized businesses and amendments to selected legislative acts of the Russian Federation. Article 6 1. This Federal Act shall enter into force on 1 July 2013, with the exception of subparagraphs (b) and (c) of article 2, paragraph 3, of this Federal Act. 2. Subparagraphs (b) and (c) of article 2 of this Law shall enter into force on 1 July 2014. President of the Russian Federation Vladimir Putin Moscow, Kremlin 2 July 2013 N 144-FZ