Objects of privatization: list and procedure

Privatization of real estate - the process of onerous alienation of material assets belonging to the Russian Federation, regions and administrative-territorial entities. In this case, legal entities or citizens can become the acquirers of rights. During this process, municipal or state ownership is transformed into private. Consider the features of this procedure.

General information

Privatization of real estate It is carried out in accordance with the provisions of the Federal Law No. 2001. This normative act regulates relations arising in the process of alienation of material values, as well as the process of managing them. The law defines subjects and objects of privatization, requirements for them. Separately, the act establishes the principles on which the process of alienation is based.

Exceptions

AT list of privatization objectsregulated by Federal Law No. 2001 do not include:

1. Of the earth. The exception is the plots on which immovable objects are located, including property complexes.
2. Natural resources.
3. Property transferred to economic management / operational management, municipal and state institutions, municipal unitary enterprise and state unitary enterprise.
4. Housing fund.
5. Municipal and state property transferred to the ownership of non-profit structures created in the process of transforming a municipal unitary enterprise or state unitary enterprise.
6. State Reserve.
7. Municipal and state property located abroad of the Russian Federation.
8. Buildings, structures with plots, transferred free of charge to the private ownership of religious organizations, all-Russian public associations.
9. Municipal and state property in cases determined by international agreements.
10. Shares in cases of occurrence in the Moscow Region, the Russian Federation or the subjects of the right to demand redemption from AO.
11. Municipal and state property alienated by court decision.
12. Shares of OJSC, securities convertible into them, upon their redemption according to the rules established by law.

As mentioned above, any legal entity and citizens can participate in relations on the alienation of property. The exceptions are: municipal unitary enterprises, state unitary enterprises, municipal and state institutions, organizations, the share of the Russian Federation in the authorized capital of which is more than 25%, except when the objects are made as a contribution to the assets of OJSC.

Principles

The procedure for privatization of state property It is based on:

1. Recognition of equality of acquirers and openness of activities of state authorities and local self-government.
2. Retribution process of alienation.
3. Independence of territorial authorities.

Normative base

Subjects and objects of privatization, the basic requirements for them, the rules for the implementation of the procedure, the powers of the competent authorities are established by the Federal Law No. 2001, as well as other laws and legal acts adopted in accordance with it. At the same time, the provisions of other legal documents should not contradict federal regulatory legal acts. Regional legislation includes legal acts adopted in accordance with Federal Law No. 2001. List of objects subject to privatization within a specific MO, it is compiled by the territorial authorities on their own, taking into account the legal regulations governing this area.

Government Objectives

To implement a unified state policy in the field of privatization, the Higher Executive Institute of Power submits to the president for approval a proposal to create a list of joint-stock companies and strategic enterprises. It includes:

1. Federal State Unitary Enterprise, carrying out production, work, the provision of services of strategic importance in ensuring the security and defense of the country, protecting health, morality, legitimate interests and rights of the population.
2. OJSC whose shares are federal property. At the same time, the participation of the Russian Federation in them is aimed at ensuring the country's security and defense, protecting the health, morality, interests and rights of the population.

The government also submits to the president proposals to amend the list of changes that relate to:

1. The composition of the FSUE. Adjustments are proposed, including for subsequent privatization.
2. The degree and necessity of participation of the Russian Federation in OAO related to strategic enterprises, including for their further alienation.

The government annually approves the forecast plan, defining objects subject to privatization in the relevant period. In this case, the specified body is obliged to submit to the State Duma a report on the alienation for the previous year. In addition, the competence of the government includes:

1. Approval of regulatory acts related to privatization.
2. Management of the work of federal executive structures in this area.
3. Making decisions on the conditions of alienation of federal property.
4. Process control.

Forecast plan

Objects of privatization of state and municipal property approved by the relevant authorities. In the framework of the MO, they are local executive structures. At the federal level, the competent authority, as follows from the above information, is the Government. The forecast plan includes objects subject to privatization, indicating their characteristics and the estimated timing of the alienation. It may include FSUE, shares of OJSC, other assets. Securities of AO, as well as strategic enterprises are included in list of privatization objects by decision of the president. The rules for developing the plan are approved by the Government. Proposals for the inclusion of shares in OAO and enterprises that are federal property and carry out activities in certain economic sectors, as well as other property, are sent by executive state bodies. The relevant applications can form both regional and local structures, as well as organizations and citizens. The approved plan is sent to the State Duma together with the draft Federal Law on the budget for the coming financial period as part of the documents annexed to the Law. A progress report is submitted until May 1 annually. He is also considering the State Duma.

Decision-making

The determination of the conditions under which the alienation of material assets will be carried out is carried out in accordance with the data of the forecast plan. The decision should contain:

1. Privatization Objects. In this case, their names and data should be indicated by which they can be individualized.
2. Privatization method.
3. Standard price. It represents the minimum cost at which alienation is permitted.
4. Duration of installment plan (if provided).
5. Other material information.

If the property complex of the municipal unitary enterprise or state unitary enterprise is alienated, the decision should also include:

1. The composition of material values. It is indicated in the deed of transfer in accordance with the results of the inventory, based on information from the documents on the plots, the audit report. All must be present in the act privatization objects, calculation of the book price of assets, the amount of the authorized capital, par value and number of shares (if an OJSC is created).
2. Exceptions The decision should determine the objects and property rights that cannot be privatized. Relevant material assets are seized by the rightful owner.

Types of property

The state property is material assets that are owned, used, disposed of by the Russian Federation and its subjects.Among the latter are republics, regions and territories (including autonomous ones), and the cities of the federation. values. Municipal property - objects belonging to rural and urban settlements, other municipalities. The corresponding definition is enshrined in the Civil Code, in article 215. The local authorities privatize municipal property independently on the basis of federal law. Territorial structures do not report to the State Duma or other supreme body.

Acquirers

Persons in whose favor they are alienated privatization objectsare traditionally referred to as buyers. They can be any citizen and organization, except for those defined by federal law. These include OJSC in respect of shares placed by them. Obligation to prove the right to purchase under privatization of state property or material assets belonging to the MO, is the responsibility of the buyer. A special category of purchasers are non-residents - foreign investors. There are no restrictions on these persons in the Federal Law. The law imposes additional requirements only on documents provided by foreign buyers. Privatization objects include, as mentioned above, tangible assets located outside the country. These include, but are not limited to, shares in OAO. These privatization objects may be alienated solely in favor of non-residents. The legislation does not establish requirements for the mandatory declaration of sources of funds allocated by purchasers when making payments on transactions.

Privatization Objects

They are values ​​that can be alienated in accordance with Federal Law No. 2001. The regulatory act does not contain a list of objects that should be privatized on the basis of its provisions. From the analysis of the Federal Law norms, however, it is possible to determine what material values ​​may be alienated. The main objects are the property complexes of the municipal unitary enterprise and state unitary enterprise, as well as the shares of OJSC owned by the state. Other material values ​​specified in the Federal Law are either included in the assets of enterprises or are disposed of together with the complexes.

Signs

Among the features possessed by privatization objects, the following should be noted:

1. The alienation of material values ​​in favor of private individuals affects the interests of employees, the labor collective of the enterprise. Their protection requires special regulation.
2. The alienation transaction is preceded by the inclusion of objects in the forecast plan and the adoption of a decision establishing the conditions for the privatization of a particular property by the authorized executive body.
3. Alienation has a paid character.
4. Specialized government agencies can act as sellers on behalf of the government.
5. As the Federal Law No. 2001 indicates, objects that are part of the municipal or federal treasury are privatized, except for those to which the provisions of the law do not apply.

Classification

Privatization objects are divided according to different criteria. Depending on the content, they single out municipal unitary enterprises and state unitary enterprises, shares of OJSC owned by the Russian Federation. According to the form of ownership, objects can be municipal or state. In addition, the classification is carried out depending on the possibility and rules of alienation. On this basis, material values ​​are distinguished:

1. Which can only be municipal or state property. For example, as article 24 of the Federal Law No. 176 points out, postal (federal) communications assets cannot be alienated.
2. Privatization of which is limited. These facilities include stocks of joint-stock companies and strategic enterprises. They are included in the plan only after the appropriate decision by the president.
3. Privatized in the general and special order.

Housing stocks

The State Duma quite often raised the issue of free housing privatization.At the last discussion, it was decided to extend it until March 2017. However, information appeared in the media about the possibility of removing time limits. Free privatization extended to any premises, except:

1. Official.
2. Located in dormitories.
3. Emergency
4. Located in military towns closed.
5. Included with the housing stock of state farms and agricultural societies equated to them.
6. Social protection bodies located in stationary institutions located in rural areas.

These restrictions are provided for in Article 4 of the Federal Law No. 1541-1.

Documents for purchase

To privatize housing facilities, you will need:

1. Social loan agreement.
2. Extract from the Unified State Register of Enterprises (f. No. 3). It is compiled for each participant in the transaction.
3. Extract from the house book.
4. Technical and cadastral passports.
5. Certificates certifying that the person had not previously participated in the privatization of other immovable objects.
6. L / C to the room.
7. Personal documents (passports, certificates of birth or marriage).

Please note that not only originals, but also copies of these papers may be required. Therefore, it is advisable to make them in advance. Some documents have a time limit. In this regard, experts do not recommend delaying their filing.

Where to go?

Currently, there are many multifunctional centers in the country. Documents collected for privatization can be submitted to the MFC. In addition, other authorized bodies accept papers. For example, in Moscow, such a body is the Department of Housing Fund and Housing Policy.

Who is eligible to participate in the acquisition?

All registered in it can privatize the room. It should be noted that the legislation established the ability to purchase housing for free only once. Therefore, those who have previously participated in privatization cannot be subjects of a new similar transaction. The exception is persons who were minors at that time. Upon reaching 18 years, they are entitled to participate in privatization a second time. There is a misconception that minors cannot act as a party to the transaction. In principle, this is so. Legislation limits the number of transactions in which minors can participate. Meanwhile, regulatory acts provide for measures to protect their interests. So, if a child registered in the apartment has not received ownership during privatization, the contract can be terminated in court. In this case, the guardianship and trusteeship authorities, the prosecutor's office and other interested parties may act as an applicant.

Special cases

Separately stipulated in the legislation privatization of cultural heritage. What are they? The objects of the cultural and historical heritage of the peoples of the Russian Federation are structures, structures with related works of decorative and applied art, painting, sculpture, technology and science, etc. They arose during historical events and are of particular value in archaeological, anthropological, aesthetic, social terms . They also include monuments, places of interest, large complexes, historical settlements. According to paragraph 2.1.7 of the State program for the privatization of municipal and state enterprises in the Russian Federation, approved by the Presidential Decree of 1993, such objects are not subject to alienation. However, in 1994 another decision was made. Under the new Presidential Decree, some structures, monuments, complexes could be included in objects of privatization of municipal property or forecast plans approved by the government. Moreover, the question of their alienation should be considered only after familiarization and approval of programs by the Head of the country. The object of cultural and historical heritage belonging to the Russian Federation, regions or the Moscow Region can be privatized by private individuals (citizens or organizations) on a reimbursable basis according to the rules established by the Federal Law No. 178.In this case, a number of features of alienation, enshrined in article 29 of the said Law, as well as Art. 50 Federal Law No. 73.

Regulatory requirements

Objects of cultural and historical value may be privatized in the ways provided for in Article 13 of the Federal Law No. 178. Moreover, they must be burdened with obligations for the preservation, maintenance and proper use. The Ministry of Culture of the Russian Federation determines the conditions for these restrictions. The security obligation is executed in accordance with the Government Decree No. 894 of 2002. Its conditions are included in the content of the decision on the privatization procedure and as essential points in the contract for the sale of objects. The security obligation shall indicate the requirements for the maintenance of the complex, structure, monument, etc., the conditions for citizens to access it, the rules and terms for performing restoration work, and also describe other measures by which they are maintained.

Important point

The legislation establishes a list of objects of special value that cannot be privatized. It is enshrined in article 50 of the Federal Law No. 73. These include:

1. Ensembles and monuments included in the UNESCO World Heritage List.
2. Particularly valuable structures and complexes included in the Code approved by Presidential Decree of 1992
3. Archaeological sites and cultural and historical reserves.

Meanwhile, Federal Law No. 258 made some changes to Federal Law No. 73. They lifted the ban on the privatization of cultural and historical objects and charged the government with the obligation to compile a list of such complexes that are not related to state property. Accordingly, from that moment it is possible to alienate those structures that do not belong to the Russian Federation and regions. But within the prescribed period (until 01.03.2008) the specified list was not formed. In this regard, the alienation of these material values ​​is currently impossible. Due to the fact that the legislation does not provide clear rules for the privatization of cultural and historical objects, this issue causes a lot of controversy.