rent of municipal property - this is one of the main sources of the regional budget.Thus, under the municipal property is meant the property, which is owned by the city (village, settlement, and so on. D.) Community.This property is usually available to local authorities, acting on behalf of the citizens of the administrative unit.Note also that although the federal legislation approved by the general legal mechanism for the transfer of municipal property in private hands, but the procedural issues are resolved on the ground, in accordance with the legal acts adopted by regional administrations.However, look at everything in order.
General procedural aspects
Federal law establishes a list of objects that you can lease or sell at auction on a competitive basis.Himself a list of such objects is coordinated with the Anti-Monopoly Committee.If carefully review all regulations, in particular the government's order number 67 of 2013, it becomes clear that the lease of municipal property is carried out mainly through public auction.The order of their conduct is approved by the local administration.Naturally, this means that the sale of municipal property at an auction in Chelyabinsk is different from that offered in the Tver and Kaliningrad.But the devil, as we know, is in the details.This kind of operation so it is best done after the necessary legal advice, and best of all - with his lawyer accompanying activities.
rent municipal property requires compliance with specific rules and requirements.First, the notice of holding an auction shall be announced 20 days prior to the meeting.During this period, all potential bidders and other interested parties are fully informed about the planned competition.It is assumed that such openness will help prevent corruption and will contribute to carrying out fair trading.Secondly, procedurally established a list of individuals and legal entities admitted to the competition.Tellingly, the auction for the sale of municipal property is carried out regardless of the qualifications of bidders, including the presence / absence of a technological base, financial and human resources.If you ignore these requirements auction may be declared invalid.At the same time, the organizer of the sale as a mandatory procedure sets the size of a financial deposit, which guarantees admission to the competitive auction participants.
treaties and obligations
rental of municipal property is realized through a contract between the successful bidder and the local administration.This agreement specifies the list of rented facilities, the procedure for payment of rent, the penalties in case of default of contractual obligations, the legal powers of the parties.A separate item prescribed additional obligations assumed by the lessee (saving jobs, repair buildings, reconstruction of buildings and so on. N.).In addition, the prescribed force majeure, which may trigger a revision of contractual obligations by mutual agreement.