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Unitary enterprise

Unitary enterprise- a special organizational and legal form of a legal entity. A commercial organization that is not vested with the right of ownership of the property assigned to it by the owner. The property is indivisible and is not distributed among deposits (shares, shares), incl. between employees of the enterprise. In addition to the information specified in paragraph 2 of Art. 52 of the Civil Code of the Russian Federation, the legal status of state and municipal unitary enterprises is determined by the Civil Code and the law on state and municipal enterprises.

Russian Federation

IN Russian Federation The main law regulating the activities of unitary enterprises is the Federal Law of November 14, 2002 No. 161-FZ “On State and Municipal Unitary Enterprises.”

Unitary enterprises can be of three types:

1. Federal State Unitary Enterprise - FSUE
2. State unitary enterprise - SUE (subject of the federation)
3. Municipal unitary enterprise - MUP (Municipal entity)

The constituent document of a unitary enterprise is the charter.

A unitary enterprise does not have the right to create another unitary enterprise as a legal entity by transferring part of its property to it (a subsidiary). This restriction was introduced by Federal Law No. 161-FZ of November 14, 2002, whereas previously Russian legislation allowed unitary enterprises based on the right economic management, create child unitary enterprises. With acceptance said law existing subsidiaries of unitary enterprises were subject to merger with the enterprises that founded them within a six-month period, that is, until June 3, 2003.

Unitary enterprises are obliged, in cases determined by the owner of the property, to conduct an annual mandatory audit. In this case, an agreement to conduct a mandatory audit of the reporting of unitary enterprises must be concluded based on the results of placing an order through bidding in the form of an open competition, in the manner prescribed by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work” , provision of services for state and municipal needs.”

Typically, unitary enterprises are regarded as a less transparent form compared to joint stock companies, since in the latter the law establishes corporate governance procedures. However, one advantage of unitary enterprises is that the property remains in state (municipal) ownership.

Unlike joint stock companies and other commercial organizations, unitary enterprises are required to disclose information about their procurement on official websites at the level of their subordination. For federal state unitary enterprises - on the official website of public procurement of the Russian Federation (federal state order), for state unitary enterprises on regional procurement websites and for municipal unitary enterprises on the official websites of municipalities or, in their absence, on the official regional procurement websites.

Since, in accordance with paragraph 2 of Art. 50 and art. 113 of the Civil Code of the Russian Federation, unitary enterprises are commercial legal entities, their activities are aimed at generating profit in favor of the owner of the property - the state or municipality as well as to cover your own expenses. In addition, of course, the purpose of the activity is not to make a profit, but to satisfy the public interests of the state and provide for state needs.

At the same time, depending on the method of securing property, two types of unitary enterprises are distinguished (clause 2 of Article 113 of the Civil Code of the Russian Federation):

• unitary enterprises based on the right of economic management (Article 114 of the Civil Code of the Russian Federation);
• unitary enterprises based on the right of operational management (state-owned enterprises) (Article 115 of the Civil Code of the Russian Federation).

CIS

In most CIS countries, there are also private unitary enterprises that are not vested with ownership rights to the property assigned to them. The property is indivisible and cannot be distributed among deposits, shares, interests, shares and is the common joint property of its members, individuals, one individual or one legal entity. These include peasant (farm) enterprises, individual, family and subsidiary enterprises. In the Russian Federation, they are not recognized as independent organizations, with the exception of subsidiaries, and the heads of such organizations are individual entrepreneurs, which creates property and organizational difficulties for individual entrepreneur(actually enterprises). For example, there is no right of private ownership of an enterprise as a property complex, since the enterprise involves additional economic relations, which does not exist in individual entrepreneurship, there are no clear regulations for the position of members in the enterprise, the distribution of profits and responsibilities between them, and many other aspects.

Examples

• FSUE Design Bureau "Arsenal" named after M.V. Frunze »
• FSUE "Space Communications"
• FSUE "NPP VNIIEM"
• FSUE "Scientific and Production Center for Gas Turbine Engineering "Salyut""
• FSUE Russian Post
• Federal State Unitary Enterprise "Russian Television and Radio Broadcasting Network"
• FSUE ""
• Federal State Unitary Enterprise "Housing and Communal Administration of the Russian Academy of Sciences"

see also

Notes

Links

• Catalog of official websites of Federal State Unitary Enterprises

Wikimedia Foundation. 2010.

• Internet edition
• Manasseh Ierge

See what a “Unitary enterprise” is in other dictionaries:

Unitary Enterprise- See Unitary Enterprise Dictionary of business terms. Akademik.ru. 2001 ... Dictionary of business terms

Unitary enterprise- (English Unitarian/unitary enterprise) in the civil law of the Russian Federation commercial organization not endowed with the right of ownership to the property assigned to it by the owner... Encyclopedia of Law

UNITARY ENTERPRISE- according to the civil legislation of the Russian Federation, a commercial organization that is not vested with the right of ownership of the property assigned to it. In the form of U.p. only state and municipal enterprises. Property U.p. located… … Legal dictionary

Unitary enterprise- (unitary enterprise) a commercial organization that is not vested with the right of ownership of the property assigned to it by the owner (state, municipality): it belongs to it by the right of economic management or operational management. IN… … Economic and mathematical dictionary

unitary enterprise- A commercial organization that is not vested with the right of ownership of the property assigned to it by the owner (state, municipality): it belongs to it by the right of economic management or operational management. In the form of unitary... ... Technical Translator's Guide

UNITARY ENTERPRISE- according to the civil legislation of the Russian Federation, a commercial organization that is not vested with the right of ownership of the property assigned to it. Property U.p. is indivisible and cannot be distributed among deposits (shares, shares), incl. between employees... ... Legal encyclopedia

UNITARY ENTERPRISE- in accordance with Art. 46 of the Civil Code, a unitary enterprise is one of the forms of commercial organizations in which legal entities can be created. According to Art. 113 of the Civil Code, a unitary enterprise is a commercial organization that is not... ... Legal Dictionary of Modern Civil Law

Unitary enterprise- a commercial organization that is not vested with the right of ownership to the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including between... ... Administrative law. Dictionary-reference book

Material from Wikipedia - the free encyclopedia

Unitary enterprise- a special organizational and legal form of a legal entity. A commercial organization that is not vested with the right of ownership of the property assigned to it by the owner. Property is indivisible and is not distributed among deposits (shares, shares), including among employees of the enterprise. In addition to the information specified in paragraph 2 of Art. 52 of the Civil Code of the Russian Federation, the legal status of state and municipal unitary enterprises is determined by the Civil Code and the law on state and municipal enterprises.

Russian Federation

In the Russian Federation, the main law regulating the activities of unitary enterprises is the Federal Law of November 14, 2002 (as amended on July 13, 2015) No. 161-FZ “On State and Municipal Unitary Enterprises.”

Unitary enterprises can be of three types:

A unitary enterprise is a commercial organization that is not vested with the right of ownership to the property assigned to it by the owner. Such enterprises are called unitary, since their property is indivisible and cannot be distributed among deposits, shares, interests, shares.

Only state and municipal enterprises can be created in this form. Property (state or municipal, respectively) belongs to a unitary enterprise with the right of economic management or operational management. The real right to the property of unitary enterprises (as well as institutions) belongs to their founders.

A unitary enterprise is liable for its obligations with all the property it owns, but is not liable for the obligations of the owner of its property.

The size of the authorized capital of a state unitary enterprise must be no less than 5000 minimum wages, for a municipal enterprise - no less than 1000 minimum wages.

The constituent document of a unitary enterprise is the charter.

A unitary enterprise does not have the right to create another unitary enterprise as a legal entity by transferring part of its property to it (a subsidiary). This restriction was introduced by Federal Law No. 161-FZ of November 14, 2002, whereas previously Russian legislation allowed unitary enterprises based on the right of economic management to create subsidiary unitary enterprises. With the adoption of this law, existing subsidiaries of unitary enterprises were subject to merger with the enterprises that founded them within six months, that is, until June 3, 2003.

Unitary enterprises are obliged, in cases determined by the owner of the property, to conduct an annual mandatory audit. At the same time, in accordance with clause 16, part 1, article 20 of the Federal Law “On State and Municipal Unitary Enterprises” 161-FZ of November 14, 2002, the owner of the property of the unitary enterprise approves the auditor and determines the amount of payment for his services.

Typically, unitary enterprises are regarded as a less transparent form compared to joint stock companies, since in the latter the law establishes corporate governance procedures. However, one advantage of unitary enterprises is that the property remains in state (municipal) ownership.

Conducting procurement by State Unitary Enterprises for own funds regulated by the Federal Law of the Russian Federation “On the procurement of goods, works, services by certain types of legal entities” No. 223-FZ dated July 18, 2011. In terms of spending the provided budget funds, starting from 01/01/2017, according to the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (came into force on 01/01) .2014). Prior to this, the Federal Law of the Russian Federation of July 21, 2005 No. 94-FZ was in force.

Since, in accordance with paragraph 2 of Art. 50 and art. 113 of the Civil Code of the Russian Federation, unitary enterprises are commercial legal entities, their activities are aimed at generating profit in favor of the owner of the property - the state or municipality, as well as to cover their own expenses. In addition, of course, the purpose of the activity is not to make a profit, but to satisfy the public interests of the state and provide for state needs.

At the same time, depending on the method of securing property, two types of unitary enterprises are distinguished (clause 2 of Article 113 of the Civil Code of the Russian Federation):

• unitary enterprises based on the right of economic management (Article 114 of the Civil Code of the Russian Federation);
• unitary enterprises based on the right of operational management (state-owned enterprises) (Article 115 of the Civil Code of the Russian Federation).

CIS

In most CIS countries there are also private unitary enterprises (ChUP), not vested with the right of ownership of the property assigned to him. The property is indivisible and cannot be distributed among deposits, shares, shares, shares and is in the common joint ownership of its members - individuals, one individual or one legal entity. These include peasant (farm) enterprises, individual, family and subsidiary enterprises. In the Russian Federation, they are not recognized as independent organizations, with the exception of subsidiaries, and the heads of such organizations are individual entrepreneurs, which creates property and organizational difficulties for the individual entrepreneur (in fact, an enterprise). So, for example, there is no right of private ownership of an enterprise as a property complex, since the enterprise involves additional economic relations, which does not exist in individual entrepreneurship, there are no clear regulations for the position of members in the enterprise, the distribution of profits and responsibilities between them, and many other aspects.

Examples

• FSUE Russian Post
• FSUE "Design Bureau "Arsenal" named after M.V. Frunze"
• FSUE "Space Communications"
• FSUE "NPP VNIIEM"
• FSUE "SPC Gas Turbine Construction "Salyut""
• FSUE "Mosfilm Cinema Concern"
• FSUE "All-Russian State Television and Radio Broadcasting Company"
• Federal State Unitary Enterprise "Russian Television and Radio Broadcasting Network"
• FSUE ""
• FSUE ""

see also

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An excerpt characterizing the Unitary Enterprise

By nine o'clock in the morning, when the troops had already moved through Moscow, no one else came to ask the count's orders. Everyone who could go did so of their own accord; those who remained decided with themselves what they had to do.
The count ordered the horses to be brought in to go to Sokolniki, and, frowning, yellow and silent, with folded hands, he sat in his office.
In calm, not stormy times, it seems to every administrator that it is only through his efforts that the entire population under his control moves, and in this consciousness of his necessity, every administrator feels the main reward for his labors and efforts. It is clear that as long as the historical sea is calm, the ruler-administrator, with his fragile boat resting his pole against the ship of the people and himself moving, must seem to him that through his efforts the ship he is resting against is moving. But as soon as a storm arises, the sea becomes agitated and the ship itself moves, then delusion is impossible. The ship moves with its enormous, independent speed, the pole does not reach the moving ship, and the ruler suddenly goes from the position of a ruler, a source of strength, into an insignificant, useless and weak person.
Rastopchin felt this, and it irritated him. The police chief, who was stopped by the crowd, together with the adjutant, who came to report that the horses were ready, entered the count. Both were pale, and the police chief, reporting the execution of his assignment, said that in the count’s courtyard there was a huge crowd of people who wanted to see him.
Rastopchin, without answering a word, stood up and quickly walked into his luxurious, bright living room, walked up to the balcony door, grabbed the handle, left it and moved to the window, from which the whole crowd could be seen more clearly. A tall fellow stood in the front rows and with a stern face, waving his hand, said something. The bloody blacksmith stood next to him with a gloomy look. The hum of voices could be heard through the closed windows.
- Is the crew ready? - said Rastopchin, moving away from the window.
“Ready, your Excellency,” said the adjutant.
Rastopchin again approached the balcony door.
- What do they want? – he asked the police chief.
- Your Excellency, they say that they were going to go against the French on your orders, they shouted something about treason. But a violent crowd, your Excellency. I left by force. Your Excellency, I dare to suggest...
“If you please, go, I know what to do without you,” Rostopchin shouted angrily. He stood at the balcony door, looking out at the crowd. “This is what they did to Russia! This is what they did to me!” - thought Rostopchin, feeling an uncontrollable anger rising in his soul against someone who could be attributed to the cause of everything that happened. As often happens with hot-tempered people, anger was already possessing him, but he was looking for another subject for it. “La voila la populace, la lie du peuple,” he thought, looking at the crowd, “la plebe qu"ils ont soulevee par leur sottise. Il leur faut une victime, [“Here he is, people, these scum of the population, the plebeians, whom they raised with their stupidity! They need a victim."] - it occurred to him, looking at the tall fellow waving his hand. And for the same reason it came to his mind that he himself needed this victim, this object for his anger.
- Is the crew ready? – he asked another time.
- Ready, Your Excellency. What do you order about Vereshchagin? “He’s waiting at the porch,” answered the adjutant.
- A! - Rostopchin cried out, as if struck by some unexpected memory.
And, quickly opening the door, he stepped out onto the balcony with decisive steps. The conversation suddenly stopped, hats and caps were taken off, and all eyes rose to the count who had come out.
- Hello guys! - the count said quickly and loudly. - Thank you for coming. I’ll come out to you now, but first of all we need to deal with the villain. We need to punish the villain who killed Moscow. Wait for me! “And the count just as quickly returned to his chambers, slamming the door firmly.
A murmur of pleasure ran through the crowd. “That means he will control all the villains! And you say French... he’ll give you the whole distance!” - people said, as if reproaching each other for their lack of faith.
A few minutes later an officer hurriedly came out of the front doors, ordered something, and the dragoons stood up. The crowd from the balcony eagerly moved towards the porch. Walking out onto the porch with angry, quick steps, Rostopchin hurriedly looked around him, as if looking for someone.
- Where is he? - said the count, and at the same minute as he said this, he saw from around the corner of the house two dragoons coming out between young man with a long thin neck, with a half-shaved and overgrown head. This young man was dressed in what had once been a dandyish, blue cloth-covered, shabby fox sheepskin coat and dirty prisoner's harem trousers, stuffed into uncleaned, worn-out thin boots. Shackles hung heavily on his thin, weak legs, making it difficult for the young man to walk indecisively.
- A! - said Rastopchin, hastily turning his gaze away from the young man in the fox sheepskin coat and pointing to the bottom step of the porch. - Put it here! - The young man, clanking his shackles, stepped heavily onto the indicated step, holding the collar of his sheepskin coat with his finger, turned it twice long neck and, sighing, folded his thin, idle hands in front of his stomach with a submissive gesture.
Silence continued for several seconds while the young man positioned himself on the step. Only in the back rows of people squeezing into one place were groans, groans, tremors and the tramp of moving feet heard.
Rastopchin, waiting for him to stop at the indicated place, frowned and rubbed his face with his hand.
- Guys! - said Rastopchin in a metallic ringing voice, - this man, Vereshchagin, is the same scoundrel from whom Moscow perished.
A young man in a fox sheepskin coat stood in a submissive pose, clasping his hands together in front of his stomach and bending slightly. His emaciated, hopeless expression, disfigured by his shaved head, was downcast. At the first words of the count, he slowly raised his head and looked down at the count, as if wanting to tell him something or at least meet his gaze. But Rastopchin did not look at him. On the young man’s long thin neck, like a rope, the vein behind the ear became tense and turned blue, and suddenly his face turned red.
All eyes were fixed on him. He looked at the crowd, and, as if encouraged by the expression that he read on the faces of the people, he smiled sadly and timidly and, again lowering his head, adjusted his feet on the step.

Subject of the Russian Federation or municipal entity.

The legal status of a state unitary enterprise and a municipal unitary enterprise, the rights and obligations of the owners of their property, the procedure for the creation, reorganization and liquidation of a unitary enterprise are determined in accordance with the Civil Code of the Russian Federation, the Federal Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 No. 161- Federal Law (as amended on December 1, 2007).

Unitary enterprises are created and operate in the Russian Federation:

• based on the right of economic management - a federal state enterprise and a state enterprise of a constituent entity of the Russian Federation (state enterprise), a municipal enterprise;
• unitary enterprises based on the right of operational management - a federal state enterprise, a state enterprise of a constituent entity of the Russian Federation, a municipal state enterprise (state enterprise).

A unitary enterprise may have civil rights corresponding to the subject and goals of its activities provided for in its charter, and bear responsibilities associated with these activities.

It is considered created as a legal entity from the date of making the corresponding entry in the Unified State Register of Legal Entities.

The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. It is this property that forms the authorized capital and is allocated for this purpose from the corresponding state or municipal budget.

A state or municipal enterprise may be created in cases provided for by law. Another feature follows from this legal status a unitary enterprise has special legal capacity - it has the right to have only such civil rights and bear responsibilities that are necessary to achieve the goals and objectives provided for by its charter. Nevertheless, a unitary enterprise can, on its own behalf, acquire and exercise property and personal non-property rights, bear responsibilities, and be a plaintiff and defendant in court.

The liability of a unitary enterprise for its obligations depends on whether it is based on the right of economic management or on the right of operational management. However, it works general rule: a unitary enterprise is not liable for the obligations of the owner of its property (the Russian Federation, its subject, municipal entity), just as the owner of the property is not liable for the obligations of a state or municipal enterprise, except in cases where the insolvency (bankruptcy) of such an enterprise is caused by its owner property. In these cases, if the property of a state or municipal enterprise is insufficient, the owner may be assigned subsidiary liability for its obligations (Article 7 of the Law “On State and Municipal Unitary Enterprises”).

Since the state assumes some responsibility for these enterprises, there is no need to grant them broad rights over the property they own.

A municipal unitary enterprise is a commercial organization that is not vested with the right of ownership to the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. Only state and municipal enterprises can be created in the form of unitary enterprises. See State unitary enterprise.

The property of a municipal unitary enterprise is in municipal ownership and belongs to such an enterprise with the right of economic management. A municipal unitary enterprise is liable for its obligations with all the property it owns and is not liable for the obligations of the owner of its property.

The charter of a municipal unitary enterprise must contain, in addition to information, the indication of which, in accordance with the provisions of Article 52 of the Civil Code of the Russian Federation, is mandatory in the constituent documents of any legal entity (name of the legal entity, its location, the procedure for managing the activities of the legal entity), also information about the subject and purposes of the enterprise’s activities , as well as the size of the authorized capital of the enterprise, the procedure and sources of its formation. The corporate name of a municipal unitary enterprise must contain an indication of the owner of its property.

The body of a municipal unitary enterprise is the manager, who is appointed by the owner or a body authorized by the owner and is accountable to him.

The legal status of municipal unitary enterprises is determined by the Civil Code of the Russian Federation and the law on state and municipal unitary enterprises.

Russian electoral law: dictionary-reference book. 2013 .

See what a “Municipal Unitary Enterprise” is in other dictionaries:

Municipal unitary enterprise

Unitary enterprise- Unitary enterprise with special organizational structure legal form legal entity. A commercial organization that is not vested with the right of ownership of the property assigned to it by the owner. Property is indivisible and is not distributed among... ... Wikipedia

UNITARY ENTERPRISE- according to the civil legislation of the Russian Federation, a commercial organization that is not endowed with the right of ownership to the property assigned to it by the owner. Property U.p. is indivisible and cannot be distributed among deposits (shares, shares), including... ... Encyclopedia of Lawyer

State unitary enterprise- Unitary enterprise (usual abbreviations: State Unitary Enterprise GUP, Municipal Unitary Enterprise MUP, Federal State Unitary Enterprise FSUE) is a commercial organization not vested with ownership rights to ... Wikipedia

Encyclopedia of Law

Agricultural unitary enterprise- (English: agricultural Unitarian enterprise) in the Russian Federation, a state or municipal unitary enterprise operating in the field Agriculture. S.u.p. status as subjects economic activity determined by the norms of civil legislation of the Russian Federation... Large legal dictionary

Federal State Unitary Enterprise- Unitary enterprise (usual abbreviations: State Unitary Enterprise GUP, Municipal Unitary Enterprise MUP, Federal State Unitary Enterprise FSUE) is a commercial organization not vested with ownership rights to ... Wikipedia

Company- a type of organization, an independent economic entity created to produce products, perform work and provide services in order to satisfy public needs and make a profit. Enterprises can be created in... ... Administrative law. Dictionary-reference book

A unitary enterprise is a commercial organization that is not vested with the right of ownership of property assigned to it by the owner of this property.

The essence of a unitary enterprise

Unitarity - specific form organization of activities.

Unitarity is characterized by:

Creation of a legal entity by allocation by the owner of a certain property mass, and not by combining the property of several persons;

Reservation of ownership of property by the founder;

Assignment of property to a legal entity on a limited property right (economic management or operational management);

Indivisibility of property;

Lack of membership;

Sole governing bodies.

The main reasons for creating unitary enterprises include:

The need to use property whose privatization is prohibited;

Carrying out activities to solve social problems, including the sale of certain goods and services at minimum prices and the organization of procurement and commodity interventions for essential goods;

Providing for certain subsidized activities and conducting unprofitable production.

The purpose of unitary enterprises is to solve government problems on a commercial basis.

Rules Art. 113-115, 294-297 of the Civil Code of the Russian Federation regulate only the legal status of enterprises and do not affect the rights and obligations of employees, as is the case with participants and members of business partnerships and societies, production cooperatives. The rights and obligations of employees are determined primarily by labor law. If a unitary enterprise, with the consent of the owner, has made a contribution to a business entity, then the profit received cannot be distributed among the employees of the enterprise; it becomes the property of this enterprise as a whole.

The property allocated to a unitary enterprise upon its creation is in state or municipal ownership and belongs to it with the right of economic management or operational management. The corporate name of a unitary enterprise must contain an indication of the owner of its property. The charter must clearly indicate who (the Russian Federation, which specific constituent entity of the Russian Federation or local government body) owns the property of the unitary enterprise by right of ownership. A unitary enterprise is liable for its obligations with all its property and is not liable for the obligations of the owner of its property. The body of a unitary enterprise is the manager, who is appointed by the owner or a body authorized by the owner and is accountable to him.

Unitary enterprises can be of three types:

Federal State Unitary Enterprise - FSUE

State unitary enterprise - SUE (subject of the federation)

Municipal unitary enterprise - MUP (Municipal entity)

State enterprise– a type of commercial organization, since they are created for production and economic activities (creation of wealth, provision of economic services, etc.).

Characteristic features of the administrative and legal status of state enterprises can be found in the example of state unitary enterprises. Due to the absence of a federal law on them, they are currently given a predominantly civil law characterization as legal entities special kind. But even civil legislation contains a number of provisions that are directly related to the administrative and legal characteristics of unitary enterprises.

Firstly, an enterprise is recognized as unitary, to which certain property is assigned by its owner, i.e. by the state. Such an enterprise can only be created as a state enterprise (if one does not take into account the possibility of creating unitary municipal enterprises).

Secondly, a unitary enterprise is created by a decision of an authorized state body, which also approves the constituent document of the enterprise - its charter. Refers to the relevant executive authority. Thus, the Ministry of Railways of the Russian Federation creates, reorganizes and liquidates federal railway transport enterprises, approves their charters, etc.

Thirdly, the body of a unitary enterprise is the manager appointed by the owner or a body authorized by him. The head of the enterprise is accountable to both the owner and the specified body.

Fourthly, the head of a state unitary enterprise is vested with a certain amount of powers of a legally authoritative nature, which are implemented within the enterprise.

Fifthly, a unitary enterprise is subject to state registration with the justice authorities.

It should be added to this that it is the executive authorities that exercise control and supervision over the activities of unitary enterprises, apply various kinds of administrative and coercive means of influence in relation to them, license their activities in established cases, and have the right to mandatorily place on them certain types of state orders for the supply of products (for example, government defense orders).

It is provided that legal status state enterprises and institutions are regulated by special federal law. However, it is still like this legal act missing; many issues of their organization and activities are resolved by presidential decrees and government regulations.

33Municipal enterprise.

State and municipal enterprises operating under the right of economic management make up a significant part of unitary enterprises.

municipal enterprise - 1,000 minimum wages (Article 12 of the Law on Unitary Enterprises).

State and municipal enterprises can be created to carry out scientific and scientific-technical activities, develop and manufacture products that are in the sphere of national interests of the state and ensure national security, and produce products that are withdrawn from circulation and have limited circulation.

A municipal enterprise disposes of movable property owned by it under the right of economic management independently, and real estate - with the consent of the property owner.

Owner of a state and municipal enterprise:

Decides to create an enterprise;

Determines the goals and subject (types) of its activities;

Gives consent to the participation of the enterprise in associations and other associations of commercial organizations;

Determines the procedure for approving the indicators of plans (programs) of the financial and economic activities of the enterprise;

Approves the charter of the enterprise;

Makes decisions on the reorganization and liquidation of the enterprise, appoints a liquidation commission and approves the liquidation balance sheets of the enterprise;

Forms the authorized capital of the enterprise;

Appoints the head of the enterprise to the position and concludes an employment contract with him;

Gives consent to the appointment of a chief accountant, approves the financial statements of the enterprise;

Approves indicators of economic efficiency of the enterprise and monitors their implementation;

Gives consent to the creation of branches and representative offices;

Gives consent to the participation of the enterprise in other organizations;

Makes decisions on conducting audits and resolves many other issues of the enterprise.