Among legal entities registered and working in the manner prescribed by law on the territory of the Russian Federation, there are entities that have special, specific legal status. These include, in particular, state-owned enterprises. Let us further consider their specifics.
general characteristics
The state-owned unitary enterprise is a legal entity that carries out operational management of the material assets entrusted to it. In legal publications, it is also called an entrepreneurial institution. On the one hand, a state-owned enterprise is a commercial organization. This is due to the purpose of its creation. It is formed primarily for the provision of certain services, work or production. At the same time, most of the costs of doing business are covered from the budget. In addition, state authorities are the main customers.
Specificity
Government institutions and enterprises have much in common. First of all, they are united by the lack of the ability to dispose (own) the material values assigned to them. At its core, a state-owned enterprise is one of the forms by which state power exercises its functions. A similar conclusion can be made with regard to institutions. However, the difference between these entities is that they are formed in various fields. In particular, institutions are created in the scientific, educational, cultural sectors, in the areas of social protection, healthcare, physical education, sports, and employment of citizens. The state-owned enterprise is primarily a participant in industrial activity. It is created, for example, for the production of products of defense or other strategic importance. At the same time, the state-owned enterprise is considered commercial, but the institution is not.
Legal status
As noted above, the property law of a state-owned enterprise is the right of operational management. Accordingly, it is impossible to form it on the basis of a combination of material values attributed to the property of the Russian Federation, regions or the Moscow Region. The federal treasury enterprise is a legal entity with one founder. It may belong to him material assets entrusted to the operational management.
Normative base
From January 1, 1995 until the entry into force of Federal Law No. 161, the foundations of the legal status of state-owned enterprises were exclusively regulated by the Civil Code. This provision concretizes Article 6 (in paragraph 6) of Federal Law No. 52, which introduced the first part of the Code. She established that to the enterprises formed before the official publication of Part 1 of the Civil Code, operating on the basis of economic management and operational management, the relevant standards apply. Together with this Art. 113 of the Code provided that the legal status of the legal entities under consideration is determined not only by the provisions of the Civil Code, but also by a special law. This normative act, however, it was adopted only on November 14, 2002. This is, in particular, Federal Law No. 161.
Additions and Amendments
According to Art. 37 of the Federal Law No. 161, all state-owned enterprises had to bring their charters in accordance with the law. At the same time, the deadline was set to 1.07.2003. In the Federal Law No. 161, certain provisions of the Civil Code were specified that regulate the rules by which a state-owned enterprise is created and operates. This, in particular, concerned articles 48-65 of the Code, as well as Art. 113-115. In addition, the law prohibited the formation of subsidiaries by the legal entities in question. Article 115 has undergone the most significant changes. In accordance with innovations, a legal entity can now be created not only on the basis of state property. This provision allows today to form a municipal state-owned enterprise. This innovation removed the limitations that existed previously. In particular, before the adoption of the law, the legal entities under consideration could be formed by order of the government and solely on the basis of state property. Accordingly, the adopted charters had to be approved by the highest executive body. Moreover, subsidiary liability for obligations was assigned to the Russian Federation. The liquidation and reorganization of legal entities was carried out only by decision of the government.
Key requirements of the law
The property of a state-owned enterprise is considered indivisible. It cannot be distributed among shares, shares (deposits), including among employees. A state-owned enterprise is a legal entity that can acquire and exercise legal rights (property and personal), fulfill duties, act as a defendant / plaintiff in court on its own behalf. Legislation requires an independent balance. The full name should include the phrase "State Treasury Enterprise". This requirement applies only to legal entities established on the basis of state property. Accordingly, the names of the entities formed in the MO should contain an indication of territorial affiliation ("municipal state-owned enterprise"). The name should also contain information about the owner (RF, region or Moscow region). The seal of the legal entity should contain the full name in Russian, an indication of the location. It may also contain names in other (national or foreign) languages. The location of the enterprise is determined at the address of its state registration. The details must indicate the postal code, settlement, street, house / building, room number (if any). In the event of a change in information about the location, the enterprise sends a corresponding notice to the body authorized to carry out state registration of legal entities.
Nuances
It is worth noting that no other laws, except the Civil Code and Federal Law No. 161, determine the legal status of a state-owned enterprise. This norm is directly fixed in the 113th article (in clause 6) of the Code. As for the obligations and rights of the owners of the material assets entrusted to the state-owned enterprise, the reorganization and liquidation procedures, the legislation does not establish restrictions regarding the regulation of other legal documents. For example, the procedure for the formation and management of state institutions is determined by government decree.
Type of ownership
Continuing the analysis of the regulations governing the activities of state-owned enterprises, we can draw a certain analogy with the legal status of institutions. The first criterion for classification is the form of ownership. It is the same for all state unitary enterprises (including those created in the Moscow Region) and institutions. This common feature indicates the unity of the educational goals of these legal entities. Both institutions and enterprises realize federal interests, which are the reason for the peculiarities and regulatory regulation.
Founders
The owners for state institutions and enterprises provide for a general restriction. First of all, as mentioned above, the founder must be alone. As it, in accordance with regulatory requirements, may be either the Moscow Region, or the Russian Federation, or the region.
Scope of Legal Opportunities
According to this criterion, legal entities are classified depending on the range of rights that they are vested with respect to the property entrusted to them. When an entity is formed, certain legal possibilities must be transferred to it. Property rights are necessary for the implementation of normal independent activity in accordance with the goals of creation. These material values, as well as objects acquired in the course of work, become (as a general rule) the property of the subject. An exception to this provision are public institutions and enterprises. By transferring material values to them, the owner provides legal opportunities with some restrictions. In particular, entities are entitled to carry out operational management. At the same time, the founder remains the main owner of material assets. This means that companies can dispose of the entrusted property only with his consent. This applies equally to legal entities established by order of territorial authorities.
Owner
According to Art. 20 Federal Law No. 161, the powers of the rightful owner of property transferred to the federal treasury enterprise in matters of creation, liquidation, and reorganization are vested in the government. Other legal opportunities are implemented by both the Higher Executive Institute of Power and other government agencies. Starting December 1, 2007, the state corporation Rosatom was also authorized by the owner. The rules governing the implementation of the transferred legal opportunities by it are established by the Federal Law No. 317. The corresponding amendment was introduced into Law No. 161. From the municipality, the powers of the owner of the material assets transferred to the state-owned enterprise are implemented by local authorities within their competence. The scope of their legal capabilities is determined by regulatory acts governing the status of these institutions.