Rus News Journal

Documents, decrees, decisions

the Government of the Russian Federation

the Decision
from January, 5th, 1995 #14
Moscow

About management of the federal property which is abroad

With a view of maintenance of appropriate management with the federal property, being abroad, and the organisations of more effective control over efficiency of its use and safety the Government of the Russian Federation decides:
1. To establish that decisions on sale, mene, pledge, donation, withdrawal (except for cases of compulsory collecting under the decision of competent bodies) the real estate which is abroad and being the federal property, and also securities, shares, shares and the actions belonging to the Russian Federation in legal bodies being abroad, are accepted by the Government of the Russian Federation on the basis of joint representation of the State committee of the Russian Federation on management of the state property and federal enforcement authority to which according to the current legislation coordination and activity regulation in corresponding branch (management sphere) are assigned. In the same order decisions on redistribution of the specified property between the state enterprises, state factories (state factories, state economy) and establishments of the Russian Federation are made.
Decisions on real estate acquisition abroad, and also securities, shares, shares and actions in legal bodies being abroad in the federal property at the expense of means of the federal budget are accepted by the Government of the Russian Federation on the basis of joint representation of the State committee of the Russian Federation on management of the state property and the federal enforcement authority interested in acquisition of this property, co-ordinated with the Ministry of Finance of the Russian Federation.
2. Tenancy of the real estate which is the federal property and being abroad, fixed on balance of the state enterprises and establishments, except for separate buildings, the constructions, not used ground areas, for the term up to one year is carried out by them independently, for the term up to 5 years - in coordination with the State committee of the Russian Federation on management of the state property, over 5 years - under the decision of the Government of the Russian Federation.
prolongation of period of validity of contracts on tenancy of the specified property for the term up to 5 years, including prisoners before coming into force of the present decision, is made in coordination with the State committee of the Russian Federation on management of the state property, over 5 years - under the decision of the Government of the Russian Federation.
Copies of the concluded contracts on real estate tenancy, and about prolongation of term of rent - notices on their prolongation and a copy of changes and the additions brought in specified contracts, in 2 - monthly term go to the State committee of the Russian Federation on management of the state property.
3. To establish that decisions on entering of the property fixed to the state enterprises (including money resources), being the federal property, as authorised capital stock payment (the repayment of corresponding shares, shares and actions) in the legal bodies being or created abroad, are accepted by the state enterprises in coordination with the State committee of the Russian Federation on management of the state property.
4. To establish that the State committee of the Russian Federation on management of the state property is the plenipotentiary of the Government of the Russian Federation concerning assignment of the Russian Federation concerning property of the former Russian empire, the former USSR, including its ministries, departments, other organisations and establishments, and also the abolished ministries and departments of the Russian Federation, concerning the federal property which is abroad, except for the property transferred in an operational administration to federal enforcement authorities and the organisations and establishments, and also carries out the search organisation, the protection, appropriate registration of the property rights of the Russian Federation on the specified property and operates this property.
to Give to the chairman of the State committee of the Russian Federation on management of the state property the right to give out on behalf of the Government of the Russian Federation of the power of attorney on manufacture taking into account the legislation of the state of a site of property of all necessary actions on the search organisation, appropriate registration and protection of the property rights, management of the specified property of the Russian Federation which is abroad.
5. To establish that as the founder and the participant on behalf of the Russian Federation in legal bodies being abroad the State committee of the Russian Federation on management of the state property which has the right under the decision of the Government of the Russian Federation to bring the federal property in their authorised capital stocks, except for the property fixed to the state enterprises on the right of full economic conducting acts. Thus decisions on entering of the property fixed on balance of establishments, are accepted in coordination with federal enforcement authorities in which conducting these establishments are. The state committee of the Russian Federation on management of the state property has the right to involve when due hereunder for work in controls of legal bodies being abroad with the Russian share of participation of officials of federal enforcement authorities and experts of the enterprises and establishments.
to the Ministry of Labour of the Russian Federation in coordination with the State committee of the Russian Federation on management of the state property to develop and confirm position about an attraction order, working conditions and payments of such officials and experts of the enterprises and establishments.
6. At privatisation of the state enterprises of the Russian Federation the property fixed on their balance which are abroad, including securities, shares, shares and actions in the legal bodies being abroad, got at the expense of means of the federal budget, is not subject to inclusion in an authorised capital stock of the joint-stock companies created as a result of transformation of the state enterprises, both sale at competitions and auctions.
the plenipotentiary of the Government of the Russian Federation on all questions of assignment of the Russian Federation concerning the mentioned property is the State committee of the Russian Federation on management of the state property.
7. The state committee of the Russian Federation on management of the state property has the right to transfer in control on a competitive basis legal and to physical persons of a share, shares and actions in legal bodies being abroad with the Russian share of participation in which it is the founder or the participant, and the property specified in points 4 and 6 present decisions in which relation it is certain by the plenipotentiary of the Government of the Russian Federation.
8. To assign to the State committee of the Russian Federation on management of the state property control over safety, use to destination, and also efficiency of use of the federal property being abroad and fixed on balance of the state enterprises, state factories (state factories, state economy) and establishments. To give to the State committee of the Russian Federation on management of the state property the right to make in these purposes together with the Ministry of Finance of the Russian Federation documentary and actual checks (audits, inventories).
9. Expenses of the State committee of the Russian Federation on management of the state property, connected with the search organisation, appropriate registration of the property right of the Russian Federation on the property which is abroad, and management of the federal property fixed to it abroad, and also with protection of the rights of the Russian Federation on the specified property, are financed at the expense of a part of the means received from use of this property, including incomes under securities, shares, shares and actions, from tenancy and property sale, in an order defined by the Ministry of Finance of the Russian Federation in coordination with the State committee of the Russian Federation on management by the state property.
10. Transactions with real estate, securities, shares, shares, the actions which are the federal property and being abroad, should be carried out taking into account the market prices developing on a site of property at the moment of their fulfilment.
the means obtained as a result of fulfilment of transactions with property, being the federal property and being abroad, including incomes under securities, shares, shares, the dividends paid on the action in legal bodies being abroad with the Russian share of participation, except for the means specified in point 9 of the present decision and obtained from transactions with property, fixed to the state enterprises on the right of full economic conducting, entirely go to the federal budget in an order defined by the Ministry of Finance of the Russian Federation if other is not established by the current legislation of the Russian Federation.
11. To the state committee of the Russian Federation on management of the state property together with the State committee of the Russian Federation on statistics, the Ministry for Foreign Affairs of the Russian Federation, the Ministry of external economic relations of the Russian Federation within a year to provide creation of system of the account and conducting the register of the federal property which is abroad. To the Ministry of Finance of the Russian Federation to provide necessary assignments.
12. The management order property of military units being abroad and divisions of the Russian Federation is defined by special decisions of the Government of the Russian Federation.
13. To the state committee of the Russian Federation on management of the state property taking into account practice of application of the present decision till July, 1st, 1995 To develop and when due hereunder to bring in the Government of the Russian Federation Position about an order of management of the federal property which is abroad.
14. To the state committee of the Russian Federation on management of the state property together with the Ministry of Justice of the Russian Federation to make when due hereunder offers on reduction of certificates of the Government of the Russian Federation in conformity with the present decision. To federal enforcement authorities in a month to bring departmental certificates into accord with the present decision.
the chairman of the Government of the Russian Federation
V.Tchernomyrdin