Renting municipal property is one of the main sources of the regional budget. At the same time, municipal property refers to property that belongs to the urban (rural, village, etc.) community. Such property is usually at the disposal of the local administration acting on behalf of the citizens of the given administrative unit. We also note that although federal legislation approved a general legal mechanism for transferring municipal property to private hands, procedural issues are resolved locally, in accordance with legal acts adopted by regional administrations. However, we will consider everything in order.
General procedural points
Federal law establishes a list of objects that can be leased or auctioned on a competitive basis. The list of such facilities is coordinated with the antimonopoly committee. If you carefully look at all regulatory acts, in particular government order No. 67 of 2013, it becomes clear that the rental of municipal property is carried out mainly through open auction. The procedure for conducting them is approved by the local administration. Naturally, this means that the sale of municipal property at an auction in Chelyabinsk differs from that offered in Tver or Kaliningrad. And the devil, as you know, is in the details. Such operations are therefore best carried out after the necessary legal advice, and best of all - with the accompanying activities of your lawyer.
Requirements
Rental of municipal property requires compliance with certain rules and requirements. First, the notice of the auction is announced 20 days before it. During this period, all potential bidders and other interested parties receive complete information about the planned tender. It is expected that such openness will help to avoid corruption and will facilitate fair bidding. Secondly, a list of legal entities and individuals admitted to the competition is procedurally established. Typically, an auction for the sale of municipal property is held regardless of the qualifications of bidders, including the presence / absence of a technological base, financial and labor resources. If such requirements are ignored, the auction may be invalidated. At the same time, the organizer of tenders establishes the size of the financial deposit as a mandatory procedure, which guarantees admission of competitive participants to the auction.
Contract and obligations
Lease of municipal property is realized through an agreement between the winning bidder and the local administration. Such an agreement shall indicate the list of leased facilities, the procedure for paying rent, penalties in case of failure to fulfill contractual obligations, and the legal powers of the parties. A separate paragraph prescribes additional obligations that the tenant assumes (maintaining jobs, repairing premises, reconstructing buildings, etc.). In addition, force majeure circumstances are prescribed that may provoke a review of contractual obligations by mutual agreement.