Purchase and sale agreement of the privatization object. Sale contracts for non-residential premises. On the video about the tax on the sale of a privatized apartment

MODEL CONTRACT
PURCHASE AND SALE OF A LAND PLOT WITH
PRIVATIZATION OF STATE AND
MUNICIPAL ENTERPRISES, EXPANSION AND
ADDITIONAL CONSTRUCTION AND ALSO
PROVIDED TO CITIZENS AND THEIR
ASSOCIATIONS FOR BUSINESS
ACTIVITIES

APPROVED BY THE COMMITTEE ON LAND REFORM AND LAND
RESOURCES UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION AND
STATE COMMITTEE OF THE RUSSIAN FEDERATION
PUBLIC PROPERTY MANAGEMENT
August 10-11, 1992 No. 5-1012125; No. PM-9/5132

City, town, village ______________________________________________
(name settlement- place of conclusion of the contract)
Date: "__" __________ 20__ This sales contract
land plot compiled on the basis of _________________________
(Applications for the acquisition of a land plot in ownership,
__________________________________________________________________
registration N_________ dated "__" __________ 20__. or
the final protocol of the competition, or auction for the sale
land plot)
We, the undersigned,_________________________________________
__________________________________________________________________
(full name of the body authorized by the local Council
__________________________________________________________________
of people's deputies to act as a seller)

hereinafter referred to as "SELLER", and ______________________________
(full name
legal entity)
represented by ____________________________________________________________
(surname, name, patronymic and position)
acting on the basis_________________________________________
(charter, regulations,
__________________________________________________________________
power of attorney: indicate the number and date of issue of the power of attorney)
__________________________________________________________________
or a citizen (surname, name, patronymic, address,
__________________________________________________________________
passport number issued by the o / m, date of issue)
hereinafter referred to as the "BUYER", have concluded this
agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1. "Seller" sold the land under the jurisdiction of
__________________________________________________________________
(name)
Council of People's Deputies for _____________________________________
(special purpose land)
area _____________________, and the "Buyer" purchased the said
land plot with an area of ​​______________ within the boundaries of the attached
the contract of the plan of the land plot for _____________________________
(intended use
__________________________________________________________________
acquired land plot)

2. CONTRACT PRICE

2. The cost of the land plot sold is
standard price __________________________________________________
(amount in rubles)
and transferred by the "Buyer" to the account of "Seller N______ in the bank _____
__________________________________________________________________
(bank details)

3. OBLIGATIONS OF THE PARTIES

3. The "Seller" has sold the land plot under this agreement,
free from any property rights and claims of third parties, about
which at the time of the conclusion of the contract the "Seller" could not know.
4. The "Buyer" inspected the land plot in kind,
got acquainted with its quantitative and qualitative
characteristics, underground and surface structures and facilities,
legal regime lands and takes responsibility for
any actions committed by him that are contrary to the law
Russian Federation.
5. Responsibilities and rights of the parties not provided for in
this agreement, are determined in accordance with
the legislation of the Russian Federation.

4. SETTLEMENT OF DISPUTES

6. The contract cannot be terminated in unilaterally.
The contract can also not be terminated by agreement of the parties after
its state registration.
7. The contract cannot be terminated due to clarification,
after signing it, the area of ​​the land plot, the composition
land, their quality characteristics and standard price
land.
8. All fees and disputes that may arise from
of this agreement will be resolved through negotiations between
by the parties, and if it is impossible to resolve disputes through negotiations
the parties submit them to a court or arbitration court.

5. SPECIAL CONDITIONS

(established by agreement of the parties)

6. MISCELLANEOUS

9. As an integral part of the contract is attached to it
plan of a land plot of scale 1: ____________________
10. The contract comes into force from the moment of signing.
11. This agreement is drawn up in _________________ copies
(qty)
One is kept in files _____________________________________________
(name of the notary office and its address)
The second is kept in files ___________________________________________
(name of the land reform committee
and land resources and her address)
The third and fourth are transferred to the "Buyer" and "Seller".

Signatures of the parties:
SELLER ___________________________ _______________
(Full name of the authorized person) (signature)
M.P.
BUYER_________________________________________ ______________
(Full name of the trustee or citizen) (signature)
M.P.
To form 1. "Model contract for the purchase and sale of land
plot "
attached for approval:
Form 2. Plan of the land plot;
Form 3. Application;
Form 4. The act of establishing the normative price of the land plot,
declared for the acquisition of ownership.

The Russian government has amended a number of legislative acts related to the privatization of state and municipal property(). Changes concern cases:

• privatization through public offering and privatization without declaring the price ();
• sale of state and municipal property at an auction and sale of state or municipal ownership of shares of OJSC at a specialized auction ();
• privatization of state and municipal property in electronic form ().

So, it is enshrined that an informational message about the privatization, as well as a message about its results should be posted exclusively in in electronic format on the website of the Federal Property Management Agency. At the same time, the current requirement for the publication of an information message on the results of the sale of property in the official printed edition canceled.

The amendments also doubled the amount of the deposit that the applicant must pay to participate in the auction for the sale of state property. It currently represents 10% of the original sale price of the property.

In addition, a period has been set within which the seller must make a decision on the recognition of the bidders as participants in the auction: within five working days from the deadline for accepting bids. Today, when making this decision, the seller is not limited in time.

The bidding itself during privatization by means of a public offer will be carried out faster: within three working days from the moment the applicants are recognized as participants in the sale of the property. Whereas, according to the current rules, this procedure is carried out no earlier than 10 working days and no later than 15 working days from the date of the determination of the participants in the sale of the property.

The term for concluding a property sale and purchase agreement was also shortened based on the results of the auction. According to the new order, it must be signed with the winner no later than five working days from the date of the sale. Prior to the entry into force of these amendments, the period for concluding such an agreement is set within 10 to 15 working days from the date of summing up the sale of the property.

In addition, the procedure for issuing a protocol on the results of trading was clarified. It will be issued to the winner of the auction in person at the same time with the notification of its recognition as the winner on the day of summing up the results of privatization.

The purchase and sale agreement contains information about the seller, the buyer, the name of the privatization object and its location, the composition and value of the property to be privatized, the terms of lease (use) of the land plot, the number of shares of the open joint stock company; their category (type) and cost; the procedure for transferring the privatized property to the ownership of the buyer; the buyer's obligations to use it; investment and (or) social conditions, in accordance with which the specified property was acquired by the buyer; the procedure for confirming the fulfillment of such conditions by the buyer; ways of providing investment and (or) social conditions; the procedure for the buyer to exercise the right of ownership and the right to use the specified property until the transfer of ownership of the property to it; other conditions established by the parties to such an agreement by mutual agreement.

The ownership of state or municipal property is transferred from the owner to its buyers in the manner prescribed by the current legislation and the contract of sale (Articles 549-566 of the Civil Code of the Russian Federation).

The registered sales contract is the document that certifies the buyer's ownership. And in practice, property funds also issue certificates of ownership of those enterprises, the purchase and sale of which is registered with them.

As for the sale and purchase of an enterprise, the Civil Code of the Russian Federation only established that the preparation of the enterprise for transfer, including the preparation and submission of a deed of transfer for signing, is the responsibility of the seller and is carried out at his expense, unless otherwise provided (Art.

The ownership of state or municipal property is transferred from the owner to its buyers in the manner prescribed by the current legislation and the contract of sale (Art. 549-566 of the Civil Code of the Russian Federation). The registered sales contract is the document that certifies the buyer's ownership.

And in practice, property funds also issue certificates of ownership of those enterprises, the purchase and sale of which is registered with them.

Procedure for registration of privatization transactions

The parties to such an agreement are buyers of state and municipal property and state bodies (local self-government bodies), authorized on behalf of public law entities to exercise the rights of the owner in the privatization process (Federal Property Management Agency, Ministry of Property Management of the UR, Office property relations g.

Izhevsk). Buyers of state and municipal property can be any individuals and legal entities, with the exception of state and municipal unitary enterprises, state and municipal institutions, as well as legal entities, in the authorized capital of which the share of the Russian Federation, constituent entities of the Russian Federation and municipalities exceeds 25 percent (Article 5 of the Law)

Op of purchase and sale during privatization

There are cases when the fact of privatization was established by an arbitration court contrary to the opinion of the authorities carrying out the privatization. The latter refused to issue certificates of ownership. At the same time, they referred to the absence in the legislation of an indication of the issuance and procedure for issuing such a document.

The remark is quite fair.

Moreover, due to the same circumstances, the arbitration court is not entitled to oblige the relevant authority to issue a certificate of ownership.

In the case of conclusion of contracts of purchase and sale under investment obligations, such contracts may contain conditions to prevent the emergence of a tax debt to fulfill obligations within the terms specified in the contract.

consent to the privatization of the dwelling of the adult family members of the tenant, as well as other citizens, for whom, in accordance with the legislation, the right to own and use this dwelling is equal with the tenant.

A model contract for the purchase and sale of a land plot during the privatization of state and municipal enterprises, the expansion and additional construction of these enterprises, as well as provided to citizens and their associations for entrepreneurial activity - (approved

8. All disputes and disagreements that may arise from this agreement will be resolved, if possible, through negotiations between the parties, and if it is impossible to resolve disputes through negotiations, the parties will refer them to a court or arbitration court.

2. Streets, roads, driveways with red building lines, existing buildings with an indication of the number of storeys, engineering networks and structures of water supply, sewerage, heat, gas, energy supply, communications with an indication of diameters, pressures, voltages, railways and access roads , pipeline transport routes.

WHEN PRIVATIZED

The entire procedure for the privatization of state and municipal property (enterprise, structural unit, material and intangible assets) ends with the execution of a purchase and sale agreement in accordance with the Civil Code of the Russian Federation and the Law "On Privatization". The contract specifies information about the seller, the buyer, the name of the privatization object and its location, the composition and value of the property being privatized, the terms of lease (use) of the land plot, the number of shares of the open joint-stock company; their category (type) and cost; the procedure for transferring the privatized property to the ownership of the buyer; the buyer's obligations to use it; investment and (or) social conditions, in accordance with which the specified property was acquired by the buyer; the procedure for the buyer to confirm the fulfillment of such conditions; ways to ensure investment and (or) social conditions, including guarantees of their implementation; the procedure for the buyer to exercise the right of ownership and the right to use the specified property until the transfer of ownership of the property to it; other conditions established by the parties to such an agreement by mutual agreement.

All obligations of the buyer in relation to the object of privatization must have a deadline for their fulfillment and a cost estimate.

Ownership of state or municipal property is transferred from the owner to its buyers in the manner prescribed by the current legislation and the purchase and sale agreement (Articles 549-566 of the Civil Code of the Russian Federation).

The sales contract of the enterprise is subject to state registration and is considered concluded from the moment of such registration (clause 3 of article 560 of the Civil Code of the Russian Federation).

The registered sales contract is the document that certifies the ownership of the buyer. However, it is hardly legitimate and advisable in all cases to confirm the ownership of the contract of purchase and sale. It is advisable that, on the basis of a registered sale and purchase agreement, the body registering the agreement issues a certificate of ownership to the buyer, owner. The legislation does not establish such a procedure. However, in practice, property funds issue certificates of ownership of those enterprises whose purchase and sale is registered with them.

There are cases when the fact of privatization was established by an arbitration court contrary to the opinion of the authorities carrying out the privatization. The latter refused to issue certificates of ownership. At the same time, they referred to the absence in the legislation of an indication of the issuance and procedure for issuing such a document. The remark is quite fair. Moreover, due to the same circumstances, the arbitration court is not entitled to oblige the relevant authority to issue a certificate of ownership.

At the same time, Art. 551 of the Civil Code of the Russian Federation provides for state registration of the transfer of ownership of real estate, and the federal law RF "On state registration of rights to real estate and transactions with it "dated July 21, 1997 1 In accordance with this Law, the rights to real estate and transactions with it are subject to registration in a single state register the institution of justice for the registration of rights to real estate and transactions with it with the issuance of a certificate of state registration of rights. This, of course, is not a certificate of ownership, but a document that is quite adequate to it.

The transfer of real estate by the seller and its acceptance by the buyer is carried out according to a deed of transfer signed by the parties or other transfer document (Article 556 of the Civil Code of the Russian Federation).

The transfer of the enterprise by the seller to the buyer is carried out according to the deed of transfer, which indicates the data on the composition of the enterprise and on the notification of creditors about the sale of the enterprise. The enterprise is considered transferred to the buyer from the date of signing the deed of transfer by both parties. From this moment, the risk of accidental loss or accidental damage to property transferred as part of the enterprise passes to the buyer (Article 563 of the Civil Code of the Russian Federation).

The ownership of the enterprise passes to the buyer from the moment of state registration of this right (Article 564 of the Civil Code of the Russian Federation).

The legislation on the privatization of state property, the Civil Code of the Russian Federation does not contain specific rules that determine who and in what time frame must draw up a property sale and purchase agreement. An exception is the procedure and terms of execution of the contract of purchase and sale of enterprises based on the results of an auction or competition.

In accordance with the Temporary Provisions on the Privatization of State and Municipal Enterprises at an auction or through a tender, a sale and purchase agreement is signed within a period not exceeding 30 calendar days from the moment the parties sign the protocol on the results of the auction or tender.

From clause 1 of Art. 28 of the Law "On the privatization of enterprises" it could be concluded that the fund, as a seller of property, is obliged to draw up a purchase and sale agreement. If the seller avoided concluding a contract or refused to do so, the buyer had the right to apply with a statement of compulsion to conclude a contract with a general or arbitration court.

With regard to the sale and purchase of an enterprise, the Civil Code of the Russian Federation only established that the preparation of the enterprise for transfer, including the preparation and submission of a deed of transfer for signing, is the responsibility of the seller and is carried out at his expense, unless otherwise provided (Article 563).

In Art. 551 of the Civil Code of the Russian Federation established that when one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, to make a decision on state registration of the transfer of ownership. In this case, the other party is obliged to compensate for the losses caused by the delay in registration.

The law stipulates that in the event of privatization in violation of the established procedure, it is possible to bring claims for termination of sales contracts. The law also contains a list of grounds for invalidating transactions.

An invalid transaction means a transaction that does not comply with the law. If recognized as such, it does not generate legal implications from the moment of imprisonment. Each party is obliged to return to the other party everything received under the transaction, unless otherwise provided by the Civil Code or other legislative acts.

Termination of the contract, on the contrary, means that the contract was concluded lawfully, and the fact of its termination terminates obligations only for the future. If the agreement (transaction) during privatization can be invalidated only in judicial procedure, then the parties can terminate the contract themselves. In the absence of an agreement between them, the claim is brought to court.

The list of grounds for recognizing agreements (transactions) on privatization as invalid, provided for in Art. 29 of the Law on Privatization of State Property is not exhaustive.

The grounds for recognizing transactions of privatization of state or municipal property as invalid are:

1) violation of legislation, other regulatory legal acts establishing the procedure for the privatization of state or municipal property;

2) the acquisition of the privatized property by a person who does not have the right to do so;

3) use of illegal means of payment during privatization;

5) the existence of an agreement between the seller and the buyer, including on the understatement of the price of such property;

5) providing the buyer with benefits and advantages over other buyers;

6) other grounds provided for by the legislation of the Russian Federation.

A gross violation of the privatization procedure can be considered the inclusion in the privatization program or putting up for a competition or auction of enterprises that are leased from the labor collective.

Plenum of the Supreme arbitration court Of the Russian Federation, in Resolution No. 13 of September 17, 1992, expressly stated that the decisions of the government controlled obliging rental companies in such cases to participate in tenders (auctions) on a general basis, should be invalidated.

The Privatization Law also defines the circle of persons who have the right to apply to the courts with claims to invalidate privatization transactions. Among them, in particular, not only sellers and buyers are named, but also the corresponding committees for property management, the prosecutor. By virtue of Art. 3 of the Arbitration Procedure Code, plaintiffs in such cases may also be persons who consider their rights and legitimate interests violated.

5. OTHER WAYS OF DISCUSSION OF STATE AND MUNICIPAL ENTERPRISES

Among the objects of privatization, the main place is occupied by state and municipal enterprises and their structural divisions. Moreover, they are not just the property of enterprises, but an operating production with a whole range of rights and obligations and other attributes. actor commercial law. One of the conditions for the privatization of enterprises provided for the separation of structural units into independent enterprises, which means their transformation into organizations with the rights of a legal entity.

However, the implementation of this provision was hampered by the presence in the Law "On Enterprises and Entrepreneurship" of the rule, according to which the decision of the issue of separating a structural unit from the enterprise was attributed to the exclusive competence of the work collective of the enterprise as a whole.

This right of the labor collective was supported by the procedure for the liquidation and reorganization of enterprises, carried out with the consent of the labor collective. But by Decree of the President of the Russian Federation of December 24, 1993 No. 2288 "On measures to bring the legislation of the Russian Federation in line with the Constitution of the Russian Federation" 1, the norm on the need for the consent of the labor collective to the liquidation and reorganization of enterprises became invalid.

Art. 37 of the Law "On Enterprises and Business Activity" allowed the liquidation and reorganization of enterprises by decision of the owner or the body authorized to create such enterprises, and Art. 32 of the same Law established that the decision on the separation of one or more structural units from the structure of the enterprise for the creation of a new enterprise (reorganization) is taken by the labor collective. The labor collectives of the enterprises did not voluntarily give consent to the separation of their structural divisions.

In these conditions, it was necessary to issue the Decrees of the President of the Russian Federation "On the commercialization of the activities of trade enterprises in the RSFSR" of November 25, 1991 1, "On the commercialization of the activities of consumer services enterprises in the RSFSR" of November 28, 1991 2

The decrees directly provided for the liquidation of trades, trusts, factories and other complex formations, which, formally considered to be enterprises, remained management structures. Moreover, according to the Decrees, the allocation of structural divisions - shops, canteens, restaurants, hairdressing salons, ateliers, etc. was to be carried out by committees for the management of property without the consent of tenders, trusts and other similar enterprises in general. Thus, the Decrees opened the way for the free privatization of shops, cafes, workshops, etc., because each of them was transformed into an independent state or municipal enterprise. retail, consumer services for the population, etc.

However, the above-mentioned Decrees turned out to be practically impracticable because by the time of their publication the entire sphere of trade, public catering and consumer services of the population was already leased from collectives of tenants, and the effect of the Decrees did not apply to rental enterprises.

In order to ensure the unbundling of state and municipal enterprises and create conditions for competition, the legislator was forced to grant the divisions of enterprises the right to decide on their own the issue of creating independent legal entities, regardless of the decision of the labor collective as a whole. The legislator introduced amendments to the State Privatization Program for 1992 by the Law of June 5, 1992, endowing structural divisions with the right to withdraw from the enterprise when they are transformed into open joint stock companies.

The problem of independent withdrawal of structural units from enterprises in all sectors of the economy was also resolved in the Regulation on Commercialization state enterprises with the simultaneous transformation into open joint stock companies, approved by the Decree of the President of Russia dated July 1, 1992. The Regulations explicitly state that when the structural divisions of enterprises are separated with their transformation into open joint stock companies, the consent of the work collective of the enterprise as a whole is not required for their separation.

The legal issues of privatization and reorganization of enterprises and organizations of the agro-industrial complex deserve special attention.

The original regulatory framework for these measures are the Decree of the President of the Russian Federation of December 27, 1991 "On urgent measures for the implementation of land reform" 1 and the RF Government decree of December 29, 1991 No. 86 "On the procedure for reorganizing collective and state farms" 2. The main legal documents, regulating the procedure for privatization and reorganization in the agro-industrial complex system are "Regulations on the reorganization of collective farms, state farms and privatization of state agricultural enterprises", "Regulations on the privatization of enterprises for the primary processing of agricultural products, fish, seafood and enterprises for production and technical support of the agro-industrial complex", approved Decree of the Government of the Russian Federation of September 4, 1992 No. 708 "On the procedure for privatization and reorganization of enterprises and organizations of the agro-industrial complex" 3, as well as "Regulations on the transformation of cooperative-state (state-cooperative) enterprises, organizations and their associations in the agro-industrial complex into joint-stock companies. complex ", approved by the Government of the Russian Federation of March 29, 1994 No. 179 4.

The reorganization of agricultural enterprises is aimed at changing industrial relations in the countryside, exercising the right to freely choose the form of entrepreneurship with the assignment of property and land shares to employees.

During the reorganization of collective farms, state farms and the privatization of state agricultural enterprises, at the request of the members of the labor collectives of these farms, partnerships, joint-stock companies, agricultural production cooperatives, peasant (farmer) farms and their associations can be formed.

Labor collectives can decide to maintain the same form. In this case, they are re-registered with the consolidation of the land in the prescribed manner. But at the same time, the right of the employee to exit without the consent of the labor collective or the administration of the enterprise must be ensured with the allocation of a land share and property share for organizing a peasant (farm) economy.

In each reorganized collective farm and state farm, individual property shares and land shares are determined.

Employees of farms, pensioners of these farms living on their territory have the right to receive land ownership free of charge; persons employed in the social sphere in the countryside (employees of enterprises and organizations of public education, health care, culture, everyday life, communications, trade and public catering located on the territories of agricultural enterprises). In addition, temporarily absent workers (conscripts, farm scholarship holders, etc.), persons who have the right to return to their previous place of work (in the event of their return), and persons dismissed from this enterprise to reduce the number of employees are vested with the same right. employees after January 1, 1992

The size of an individual land share (share) is established regardless of the labor contribution and length of service and is determined in kind and in value terms. Moreover, the value of the land is estimated at 50 times the land tax.

Determination of the size of individual property shares is carried out on the basis of an assessment of the value of all property of the reorganized enterprise. In this case, the value of objects is excluded from the value of the property. social sphere and engineering infrastructure, transferred free of charge, other objects for which a special privatization regime has been established (housing stock of state farms, education and health facilities, etc.), as well as the cost of an indivisible fund, if one is created.

The right to property shares are held by: workers on the farm, workers temporarily absent for valid reasons, and pensioners of the farm.

The labor collective may also decide to allocate a property share to employees of social facilities who worked on the farm in previous years, who were dismissed due to the reduction in the number of employees after January 1, 1992.

The property share of the employee is determined taking into account his contribution to the creation of this fund. The method of assessing the contribution is chosen by the labor collective and can be carried out taking into account the remuneration of labor, its professional complexity and other indicators.

The owner of a property share and a land share can use them in the following ways: receive it upon exit in order to create a peasant (farm) economy; make as a contribution to the partnership, joint-stock company or cooperative being created; sell or lease to other owners of shares (units). Property and land shares are inherited.

For the reorganization and privatization of individual agricultural enterprises, certain features are envisaged.

The privatization of state breeding and stud farms, state stables, hippodromes, selection and hybrid centers of state seed inspections and laboratories for variety testing of agricultural crops, variety testing stations and plots, enterprises for the reproduction of valuable and anadromous fish species is carried out by decision of the Ministry of State Property of the Russian Federation for the management of state property with the consent of the Ministry Agriculture and food products of the Russian Federation and the Russian Academy of Agricultural Sciences. Reorganized enterprises are obliged to maintain the profile of their activities.

In a similar manner, training and experimental, training and production, experimental production and other farms of higher and secondary specialized agricultural enterprises are privatized. educational institutions, research institutes, state farms, technical schools, etc. To carry out privatization, a permit from the Ministry of State Property of the Russian Federation, agreed with the Ministry of Agriculture and Food of the Russian Federation, the Russian Academy of Agricultural Science and other interested ministries and departments, is required. The educational process must be saved without fail.

The land plots of these farms are not subject to seizure and redistribution.

Specialized breeding collective farms and state farms, vegetable-growing state farms with reclamation systems, seed-growing, rice-growing, fruit-growing, berry-growing, viticulture, tea-growing, hop-growing, for the cultivation of medicinal herbs, essential oil crops, fur farms (including those producing canned antlers of marals) and red deer maintaining the integrity of specialized production areas, technological lines or technologically indivisible objects necessary to maintain the existing specialization of production.

Livestock complexes, poultry farms and greenhouse and greenhouse complexes are privatized by the decision of the Ministry of State Property of the Russian Federation with the consent of the Ministry of Agriculture and Food of the Russian Federation. The very same process of privatization of these enterprises is carried out in accordance with the procedure established for the transformation of collective and state farms.

The main feature of the transformation into joint-stock companies of cooperative-state (state-cooperative) enterprises, organizations and their associations in the agro-industrial complex is the establishment of shares of the state and shareholders and bringing the share of cooperative property to shareholders. For these purposes, the executive authorities create conciliation commissions.

The founders of the companies created in, in terms of the state share of ownership, are the respective committees for property management.

When privatizing the state's share in the property of an enterprise, members of the labor collective are provided with benefits according to 1 or 3 options.

Its peculiarities are provided for during the privatization of enterprises for the primary processing of agricultural products.

First of all, agricultural producers are involved in the privatization. They have the right to buy by private subscription the shares remaining after their distribution in the labor collective, depending on the option of benefits. In addition, 10% of the shares are reserved for participation in the subscription to peasant (farmer) farms and other newly created farms located in the area of ​​the processing enterprise.

The zones of operation of the privatized enterprises (raw material zones) and quotas for closed subscription to shares are determined local authorities the authorities or on their behalf by the property management committees.

A special privatization procedure can be established for enterprises of certain most significant sectors of the national economy.

6. LEGAL PROBLEMS OF PRIVATIZATION

BY TRANSPORT

Transition to market economy caused significant changes associated with both the management of transport industries and the formation of new organizational and legal forms of enterprises and the development of entrepreneurship in transport.

In the conditions of refusal from directive management and planning, transport enterprises were able to independently, on their own responsibility, engage in economic (transport) activities in order to generate profit. Thus, they began to act as collective entrepreneurs working on a commercial basis.

Enterprises act as subjects of entrepreneurial activity for the transportation of passengers, cargo and luggage, for the performance of work and the provision of services related to transportation. They are created with the aim of meeting the needs for this transportation and making a profit.

In transport, there are objective opportunities for entrepreneurial activity and the formation of transport and forwarding enterprises of a new type, capable of independently conducting effective market activities.

The processes of economic reform led to the emergence of joint-stock and private enterprises in transport as a result of the privatization of state property, along with state-owned enterprises. However, the reform of the activities of transport enterprises in its different types has its own characteristics. Let's consider the mechanism of their legal regulation.

On railway transport, all production structures (roads and road sections) of main lines railway transport directly carrying out transportation are exclusively state-owned enterprises that are federal property and are not subject to privatization and corporatization. The privatization of the subway is also prohibited.

With regard to individual enterprises and objects of railway transport, which are in federal ownership, the programs allow their privatization only by decision of the Government of the Russian Federation. These include enterprises and facilities related to providing passengers with food at railway stations and stations, which can be privatized by the decision of the Ministry of State Property and its bodies, taking into account the opinion of the Ministry of Railways.

Thus, it is envisaged to denationalize and privatize objects and enterprises of railway transport that are not associated with enterprises that directly carry out transportation. They are engaged in servicing the transportation itself and passengers.

In cases of denationalization, corporatization and privatization of such enterprises, the legislation allows the use of various forms of ownership, for example, transfer to a cooperative private property enterprises engaged in repair and construction work at stations, railway stations, washing bed linen for passengers.

In all countries of the world except the United States, railways are state property and are not privatized. Thus, the transportation activity in the railway transport remains a monopoly of the state. This is due to the need to ensure centralized management of trunk routes, communication railways, preserving the basic principles of management and interaction of units economic complex railway transport.

The concern about maintaining the controllability and interaction of railways also explains the restriction of the rights of state-owned enterprises of railway transport in the disposal of certain types of property ( vehicles). Such limitation of rights (write-off from the balance sheet, sale, exchange, lease of wagons and containers) is due to the specifics of this type of communication.

In contrast to railway transport, structural restructuring is being carried out on air, sea, river and road transport, and significant changes in the forms of ownership of transport enterprises are taking place.

Structural transformations are due to the process of unbundling and division of single enterprises acting as economic entities into independent enterprises that directly carry out transportation and enterprises that serve transportation processes. The result of the structural changes was the formation of independent enterprises in the transport industries - airlines and airports, sea and river shipping companies and ports operating on a state basis.

Then, in the process of denationalization of transport enterprises, their corporatization and privatization are carried out, carried out in accordance with the State Privatization Program, as well as with local programs 1.

These processes occurring in transport industry, are developing quite actively, thereby contributing to the destruction of industry monopoly, in particular the monopoly of state enterprises in transportation activities.

The privatization programs took into account the specifics and experience that developed in the process of privatization and corporatization in the transport industry, since the privatization of unique objects in the form of airlines, shipping companies, ports and airports, expensive means of communication - ships and aircraft, as well as infrastructure facilities was to be privatized.

In civil aviation, with the transition to market relations, the processes of restructuring were accompanied by the expansion of the economic independence of aviation enterprises, their unbundling and separation into independent structures of airports and subdivisions serving technical needs. As a result, the airlines have become independent economic operators of transportation activities, concluding contracts, partially working on the basis of government orders, using the opportunity to work on the terms of a leased (collective) aircraft contract, as well as subcontracting with the head aviation technical base for the repair and maintenance of equipment. The use of lease relations allows the collectives of enterprises to better organize their work, make it profitable and manage the profits themselves.

Taking advantage of independence, airlines were able to open new airlines and organize commercial routes.

The growing independence of airlines, the emergence of regional airlines, the emergence of commercial structures increase their interest in expanding the scope of their activities to earn currency on international transport.

Along with the organization and formation of new commercial companies, state-owned aviation enterprises remain, albeit in a transformed form. Such, for example, is the state joint stock company Aeroflot - Russian Airlines, which became the legal successor of the production and commercial association Aeroflot - Soviet Airlines.

The emergence of independent airlines contributes to the reduction of the state monopoly of Aeroflot and the formation of a competitive environment.

On the territory of Russia, there are new structural formations in the form of joint-stock companies with the participation of state capital and independent (commercial) companies. The new civil legislation of the Russian Federation has secured the possibility of creating independent airlines and selling aircraft to private individuals.

The airports also gained independence. They acquired the right to expand their activities due to the services provided to the clientele, as well as create the necessary conditions for servicing and receiving "their" and other people's "flights of various airlines.

The beginning of corporatization and privatization in maritime transport was laid back in 1990 by the Resolution of the Council of Ministers of the USSR on conducting an experiment on the basis of the Baltic Sea Shipping Company, according to which all the property of the shipping company (ships, berths, factories and other property) was leased to the collective with the right to purchase shares and the formation of the ultimate joint stock company.

As a result of the experiment, the shipping company received full economic independence, since the collective passed from lease to joint stock company becoming economically independent from government agencies... The experience of the experiment was taken into account when developing State program privatization.

When implementing privatization programs in sea transport, it is necessary to take into account that objects and enterprises are large, often unique structures, are expensive property that can be privatized not into private, but into collective ownership.

As a result of corporatization, shipping companies as giant enterprises with all their cumbersome infrastructure find it difficult to compete in the market of transportation and services with many small companies specializing in specific types of shipping, to ensure high-quality movement of goods at sea and on land.

For the efficient operation and competitiveness of maritime transport, it is not enough just to corporatize enterprises; a serious restructuring of such a complex diversified entity as a shipping company is also necessary, and its transformation into a holding company with the organization of holding structures in the areas of their activities. To manage such a holding, a small managerial staff is created, paid for by common property of its members and receiving at the same time his share of the profits. This is how, for example, the Far Eastern Shipping Company operates, which is managed by the Board of Directors.

The process of corporatization and privatization of river transport is characterized by the emergence of private companies and cooperative vessels. The largest Volga United River Shipping Company was privatized, and 310 private companies, 453 cooperative vessels were registered, which indicates the coexistence of various types of ownership on river transport 1.

For sea and river transport, legislation provides for the maintenance of state ownership of 51 and 25.5% of the shares of commercialized enterprises, respectively, in order to ensure the controllability of the fleet and the required level of security. When creating joint stock companies, port facilities and facilities not included in their authorized capital and state-owned, are transferred to them for lease or economic management under an agreement.

Automobile transport in Russia is fully classified as municipal property and is used at the discretion of local authorities. The corporation and privatization of this type of transport is carried out in accordance with local privatization programs.

City passenger transport (tram, trolleybus, bus fleets) has been completely privatized, although it needs subsidies. The rest of the objects and enterprises of municipal vehicles were subject to downsizing, splitting into small joint-stock and private enterprises. These measures are directed primarily against state-owned monopoly enterprises.

Municipal trucks are subject to corporatization and privatization with the sale of cars to drivers, with the formation of joint-stock companies and private companies, where the majority stake remains in municipal ownership.

Hasty, ill-considered decisions were made in relation to taxi fleets. The denationalization of taxi companies began back in 1992, when taxi companies became rental enterprises and then transformed into joint stock companies and cooperatives. Then, cars were sold to drivers only at closed auctions, which was done in violation of the law providing for open auctions.

Taxi drivers who bought cars from the park became their owners and had to obtain licenses for the right to carry out transportation activities. As a result, taxi companies were transformed into open joint stock companies, created on the basis of former state taxi parks. Buildings, structures and all other property became the property of the joint stock company. Former taxi companies have turned into parking and storage points for a fee, not only for taxis, but also for any cars. Taxi drivers who own cars must now pay the park (joint-stock company) for car repairs, spare parts and gasoline, and taxi drivers who rent cars from the park must also pay the rent. This led to the fact that the taxi drivers who bought the cars went into private cabs, and the taxi companies, having sold their taxis, were practically unable to provide this service to citizens.

Model contract purchase and sale of a land plot during the privatization of state and municipal enterprises, the expansion and additional construction of these enterprises, as well as provided to citizens and their associations for entrepreneurial activity (approved by Roskomzem N 5-10 / 2125 08/10/1992, State Property Committee of the Russian Federation N PM-9 / 5132 11.08.1992) (Registered in the Ministry of Justice of the Russian Federation on 25.08.1992 N 44)

Registration N _________

dated "_____" ____________ 19__

application

to the standard contract

purchase and sale of land

APPLICATION for _______________________________________________________________ (acquisition of ownership) _______________________________________________ of a land plot in ________________________________________________________________ (a body authorized by the local Council of People's Deputies __________________________________________________________________ to act as a seller land plots) Applicant: _______________________________________________________ (name of the organization - a legal entity and its __________________________________________________________________ address; last name, first name, patronymic of the citizen, his address and passport __________________________________________________________________ data) Current, personal account of the Applicant N __________________________ __________________________________________________________________ Bank details: _____________________________________________ Please ________________________________________________________ (to sell into ownership) area __________________ __________________, (quantity) (unit of measurement) located ____________________________________________________ (location of the land plot, __________________________________________________________________ land composition) according to the attached situational plan. Applicant: ____________________________________ ______________ (full name, position of representative (signature) of a legal entity; full name of a citizen)