of privatization in the country is a relatively new legal institute in the legal system of the country.In Russia, this activity is regulated by federal law, which stipulates that the privatization of municipal property is a legal procedure for changing public property to private, which is based on specially developed rules and laws.These rules stipulate all the activities and methods of termination of public property, and the emergence of private receptions.
law treats privatization as onerous alienation of the property of private persons (individuals) or organizations (legal) municipal property.
In various sources, especially in the educational and scientific literature, the transfer of municipal property is regarded as secured by law the transition real estate and other property from the state form (or municipal) in private.In this case, the law specifically stated that the subject of the transmission can also be securities and other assets contain a property right.
Act suggests that the privatization of municipal property, as well as the public is made in accordance with the principles set out below:
1) recognition of the equality of participants in the acquisition of municipal property and the observance of the publicity and openness of the government in the implementation of activities on privatization;
2) retribution, that is, charging a fee or transfer to the state (municipality) of shares in the authorized capital of which is credited privatized state property or property of municipalities;
3) independence of state institutions to address issues that affect the privatization of municipal property, and decision-making on these matters;
Russian legislation, in parts of which are governed by the privatization of municipal property, it contains, besides the already mentioned federal law, other legal acts related to the issues of privatization.This federal law specifically stipulates the condition that the other acts governing privatization, and which are taken at the regional level, they can not contradict federal law.Any position on the privatization of municipal property must be in perfect harmony and do not exceed the powers of an entity in the implementation of privatization.
legislation also clearly stipulates methods of privatization.This list is exhaustive and can not be interpreted or applied in a different way.Among these methods, the law provides for the following:
- change of ownership, mainly through conversion of PPs;
- sale at an auction;
- open source implementation of the assets;
- sales through its placement in a special contest;
- disposal of assets outside the country (this method is only applicable assets, which have a share of state property);
- placement and transactions of sale of shares on the stock exchange;
- implementation of municipal property by means of its public offering or by selling without price announcement;
- making property in the authorized capital of JSC and business entities;
- the sale of assets of the trust as a result of transactions;
In summary, we can reduce all the operations of privatization methods for the transformation of the unitary enterprises, making it to the charter capital, selling through auctions and other forms of implementation.It should take into account regional peculiarities in conducting transactions on the privatization of the property of municipalities.
