Privatisation on Luzhkov
the Moscow government has prepared and here - here will confirm the project of the Program of privatisation of the state enterprises in Moscow. In the project the concept of privatisation operating in the country is considerably reconsidered: from privatisation procedures it is practically expelled konkursnost - and to unknown heights vozdymaetsja the officials power. Access “ broad masses “ to privatised good it is reduced almost to zero. Clearly that for carrying out of such counterreform it is necessary to moderate essentially the power in State Property Committee capital, not priemljushchego similar approaches. Corresponding belittling GKI also is spent in the Moscow project quite unambiguously.
Meanwhile last week there was the decision of Sovmina rather considerably expanding powers of the State Property Committee on management and the order by the federal property. Now to the Moscow government becomes, probably, it is more difficult to achieve from the federal authorities of support of the project. However, according to experts, the struggle outcome while is completely not obvious.
that will privatise the Moscow government
the Main objective of privatisation the project of the Moscow program proclaims city economy improvement. From this courageous statement program priorities at once follow: its authors more all interests the maximum replenishment of the city finance. But, as we will see further, they are not occupied practically with such things as attraction is maximum various strata of society to participation in privatisation - and even such as protection of the rights of private proprietors without which privatisation - a real bluff.
As strategy spent by the State Property Committee has other hierarchy of the purposes, the first that it is required to innovators - to press GKI from an armchair of the Supreme arbitrator in the field of privatisation of the capital enterprises. And it becomes idle time dvuhhodovkoj. At first it is given “ the “ that is not corresponding established an order of reference of objects to the federal property - and then in those places where the operating order provides decision-making by the State Property Committee, in the program project it is written “ or the government of Moscow “. The further details of the same maintenance after that are perceived as self-evident. For example: “ End of check privatisation in territory of Moscow is made on the basis of the positions developed by Moskomimuschestvo “. Well certainly - whom else. Not on the basis of presidential decrees any there...
but we will concentrate on the central section of the Moscow project: “ 4. Ways, conditions, features of privatisation and the privileges given at privatisation in 1994 “. The involuntary pun in point 4 is characteristic. 1. 3: “ the Concrete way of privatisation of the enterprise is defined according to requirements... The state and present programs of privatisation “. It is clear that to press uncountable contradictions of positions of it (more precisely, and it) section with operating legislative base which authors of the project in a shower are not inclined to recognise as present, would mean to break a door carelessly left the opened. We also will refrain from this idle employment, having addressed to an essence of the stated concept. We will notice only that practically all points of the Moscow project quoted more low directly contradict one or several operating certificates - mostly to laws of the Russian Federation and presidential decrees.
already in “ General provisions “ Section 4 the point clearly showing, on what privatisation contains further speech will go:
“ 4. 1. 7. In the course of drawing up and the statement of the plan of privatisation of the enterprise there is an alienation in favour of Moscow parts of a property complex of the enterprise into which without fail enter:
- the earth occupied with the enterprise,
- real estate, in particular, structures, property and means, target image enclosed in the enterprises the government of Moscow or the Russian Federation and done not pass amortisation. “
it is clear that already this position does privatisation of any enterprise even not inexpedient, and simply certificate of suicide: the privatised enterprise for the fact of privatisation is exposed to the most severe confiscatory sanctions - and there are the proud owner dozen chairs or steams of lathes. And - forward, in the market. If to Moscow in which advantage are aloof also a building occupied with the enterprise, and the earth on which this building costs, something is not pleasant in telodvizhenijah the proud proprietor - for example, he will respect not enough heads - so this Moscow it and will slam three minutes.
Perhaps, you have thought that all is not too terrible: if not to quarrel with the heads, it is possible and to sit on an aloof pole. As though not so - read the following point:
“ 4. 1. 8. At privatisation it is administrative - office buildings, constructions and premises are transferred (in rent, possibly,-) to again created joint-stock company under the contract with Moskomimuschestvo within operating sanitary - hygienic norms of maintenance with premises of workers of the privatised enterprise. The areas above permitted standard in buildings and the constructions transferred to joint-stock companies, are transferred by Moskomimuschestvo in rent legal and to physical persons when due hereunder... “
So and on an aloof pole properly will not allow to take seat: at once will define that under the sanitary code to you too well is - and will settle any daring dealers “ Snickerses “. And besides - forward, in the market.
the Moscow real estate so always and so in the price that the Moscow government does not believe anybody, except itself, worthy it to own. To privatise it gathers completely not firm bodies - but only liquid and gaseous.
as it it will do
is extremely original. Anticipating a procedure statement aktsionirovanija “ on - are Moscow “ we will note the main thing: this procedure is almost completely cleared from any konkursnosti and does not believe limits of the official power at all stages.
according to the project of the Moscow program, aktsionirovanie in capital will go as follows. fiz - or the legal person (further - the Applicant) submits the demand in which incurs " to Moskomimuschestvo; responsibility for management of the privatised enterprise “ also offers a concrete nominee on a post of the Managing director. An integral part of such demand will be “ the conclusion on expediency of reception of the demand from the concrete Applicant and a nominee of the Managing director “ which some departments of the government of capital give.
it is clear that any criteria “ expediency “ the text does not contain. Capital officials will understand. Kriminogennost such procedural winding to doubt is not subject - no less than inevitability of multimonthly inhalings. You have convinced department of economic policy that from you “ expediently “ to accept the demand, - but the department of perspective development doubts. Sgovoril they be there are objections at branch department. Has come to an agreement and with these is in the meantime the curator of your demand in economic policy department was replaced - and can make a fresh start. Not casually the program does not contain any restrictions on terms of consideration of demands.
so, let us assume, “ expediently “. Then “ the Moskomimuschestvo concludes with the Applicant (in the name of the Managing director) the contract on trust management... Within 70 % of the actions intended for realisation of the program of perfection of management, reconstruction and development of the privatised enterprise (with preparation of offers on an order, conditions and sources of financing of the program) - further the investment program “. It is important that “ the Managing director bears personal responsibility “ (what?) For working out and the coordination with the same departments - but this time for three months - this program, and also for “ registration by the privatised enterprise when due hereunder documents on the land tenure right, inventory of property of the enterprise,
including technical inventory of real estate and carrying out of independent audit of the enterprise “. It is obvious that the Applicant has quite good chances to be ruined already at this stage of the privatisation efforts.
as you can see, any competitions on the best investment program for the given enterprise it is not provided. And on line they have surrendered? The applicant, managed to convince half of Moscow government in “ expediency “ the demand, for certain and without any competition blinds such program that and it is not required to the best.
We go further. After the statement of the program with Operating the contract consists; to it 30 % of actions " are on sale; On the terms of realisation of the confirmed program by it “ and 40 % of actions are on sale “ as it should be and on the conditions provided by the confirmed investment program “. But the Manager at all so is made happy, as can seem. In - the first, “ estimation of cost of the actions which are subject to sale to the Managing director is made by independent appraisers, proves to be true the insurance policy of the insurance company and a bank estimation of mortgaging cost of property with the subsequent statement the interdepartmental commission created by the government of Moscow “ - that is, will not seem a little. And after all and to pay “ to independent appraisers “ and to other participants of process - all to it, the Managing director - to whom else?
In - the second, “ at the default from obligations, reflected in the contract of the Managing director with Moskomimuschestvo, withdrawal of actions of the Managing director is made in an unconditional order by Moskomimuschestvo... “ saw? Though with court would threaten - so is not present, will manage and without court. As will solve, and will make. And - it is unconditional. What will be a consequence of the quoted clauses? “ alas! It is easy to guess “: accessible the price defined by independent appraisers hardly probable will seem to weak investors; large investors hardly probable will pull under a sword of Damocles of unconditional withdrawal. Ergo - investors will be very little. And experts cannot get rid of thought that authors and wanted it.
now about privileges to collectives. They are offered to buy on the closed subscription of 30 % of actions. But as!
“... By an exchange of actions of joint-stock company (at their face-value) it is exclusive on privatisation checks of the citizens having the right to reception of privileges, given out by it when due hereunder (that is on one on everyone? Or taking into account wives and children?-), or on the action (!!!-), received by them in exchange for the privatisation check (besides: The check, instead of checks-) in the specialised check investment fund registered... In territory of Moscow. “
so, even the worker of the enterprise cannot get native actions more than on 10 thousand roubles. What will get to other Muscovites and visitors of capital, no less than check funds? Yes almost that anything. On check auctions will expose the rest of 30 % not redeemed on a closed subscription - and all: “ all enterprises, which actions should be sold for checks, should define (!-) a part of the actions which are necessary for selling for checks “. Here, the truth, some contradiction - it has been above told that actions are on sale on the conditions which have been written down in the investment program, and it after all is developed not by the enterprise, and the Managing director, - but in the given context it is not essential: the enterprise, the Managing director will not give on vouchers of any action.
We more or have less in detail looked through three of 27 pages of the project of the Moscow program of privatisation. Also will suffice. Germans truly speak: to be convinced that the gammon has become rotten, it is not obligatory to eat it entirely.
In July of last year the Supreme body during, perhaps, most fierce of the attacks to voucher privatisation by the decision has deprived the exclusive right State Property Committee to represent the state on hand the state property (see #29 from July, 26th, 1993). This right has been transferred Ministerial council which has had an opportunity to delegate these powers “ to the ministries and departments... Concerning the enterprises subordinated to them “. That is, formally speaking, Sovmin could give there and then to the State Property Committee everything that at that has selected VS - however then g - n Tchernomyrdin on a similar step has not gone.
And it has gone on such step, strangely enough, right now. Last week the governmental order of the Russian Federation from February, 10th #96 " has arrived in mailing; About delegation of powers of the Government of the Russian Federation on management and the order objects of the federal property “ which almost smoothes down a damage put in last summer chubajsovu to department and which in what expands its former powers.
so, decisions on creation and liquidation of the federal enterprises henceforth are accepted by the government on the basis of joint representation GKI, Ministry of Economics and corresponding department; as founders on behalf of the state in the enterprises created with participation of other persons, act GKI and the Russian Federal Property Fund; competences GKI in privatisation sphere - decisions on the reorganisation of the federal enterprises providing change of their pattern of ownership are confirmed, Ministries of Economics and (or) GKAP are accepted GKI in coordination with corresponding department, and also; The federal enterprise has not the right to dispose of the property (in particular to lease it) without sanction GKI; GKI have the right “ to appoint and make documentary and actual checks (audits, inventories) to appoint auditor checks “ - and etc.
the State Property Committee will develop in a month and will confirm the typical charter of the federal state enterprise and the approximate contract with its head; will bring on the statement of the government the Position project about itself; together with Ministry of Economics and the Ministry of Finance will develop and will present to the government the Position project about the points of order connected with creation, liquidation and reorganisation of the federal enterprises, and also with withdrawal at them property, “ used not according to a special-purpose designation or the authorised purposes of activity of the enterprise “.
Armed with this decision, GKI becomes even more dangerous, than before, the opponent of privatisation “ On - merski “. Intend to watch closely a course of inevitable struggle of the Moscow government with the State Property Committee - after all its results be infringed interests almost all Moscow business. And not only Moscow.
ALEXANDER - HALTS