The state enterprise is that for the organization?
Among the legal entities registered and working in theestablished by the legislation in the territory of the Russian Federation, there are subjects that have a special, specific legal status. These, in particular, include state-owned enterprises. Let us further consider their specifics.
The state unitary enterprise is a legal entity,Operational management of entrusted to him material values. In legal publications it is also called an entrepreneurial institution. On the one hand, a state enterprise is a commercial organization. This is explained by 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 cost of doing business is covered from the budget. In addition, state authorities are the main customers.
State institutions and enterprises have manycommon. First of all, they are united by the lack of the ability to dispose (own) the material values fixed by them. At its core, a state-owned enterprise is one of the forms of realization by the state power of its functions. A similar conclusion can be drawn for institutions. However, the difference between these subjects is that they are formed in various spheres. In particular, institutions are established in the scientific, educational, cultural sectors, in the field of social protection, health, physical education, sports, employment of citizens. A state-owned enterprise is primarily a participant in industrial activities. It is created, for example, for production of defense or other strategic importance. In this case, a state-owned enterprise is considered commercial, and an institution is not.
As noted above, property lawstate enterprise - this is the right of operational control. Accordingly, it is impossible to form it on the basis of the pooling of material values attributed to the ownership of the RF, regions, or MO. The federal government enterprise is a legal entity with one founder. It is he who can own the material values entrusted to operational management.
Since January 1, 1995 and before the entry into force of Federal Law No. 161, the basis for the legal status of state-owned enterprises was exclusively regulated by the Civil Code. This provision specifies article 6 (in clause 6) of Federal Law No. 52, which introduced the first part of the Code. It established that to the enterprises, formed before the official publication of Part 1 of the Civil Code, which carry out activities on the right of economic management and operational management, the relevant norms are applied. Together with this art. 113 of the Code provided that the legal status of the legal entities in question 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. In particular, it concerns Federal Law No. 161.
Additions and amendments
According to Art. 37 ФЗ № 161, all state enterprises should bring their charters in line with the law. At the same time, the deadline was fixed until July 1, 2003. The Federal Law No. 161 specified certain provisions of the Civil Code regulating the rules by which a public enterprise is created and operates. This, in particular, touched on Articles 48-65 of the Code, as well as Art. 113-115. In addition, the law prohibited the formation of subsidiaries by legal entities under review. The most significant changes were made in Article 115. According to the innovations, at present the legal entity can be created not only on the basis of state property. This provision allows today to form a municipal government enterprise. This innovation removed the limitations that existed earlier. In particular, before the adoption of the law, the legal entities under consideration could be formed by a government decree and solely on the basis of state property. Accordingly, the adopted statutes should be approved by the highest executive body. At the same time, subsidiary responsibility for obligations was vested in the Russian Federation. The liquidation and reorganization of legal entities was carried out only by the decision of the government.
Key requirements of the law
The property of a state enterprise is consideredindivisible. It can not be distributed among shares, shares (contributions), including between employees. A public enterprise is a legal entity that can acquire and exercise, on its own behalf, legal rights (real and personal), discharge duties, act as a defendant / plaintiff in court. Legislation prescribes an independent balance. The full name should include the phrase "State Treasury Enterprise". This requirement applies only to legal entities created on the basis of state property. Accordingly, the names of the entities formed in the MO should contain an indication of the territorial affiliation ("municipal government enterprise"). The name should also contain information about the owner (RF, region or MO). The print of the legal entity must 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 by the address of its state registration. In the details must indicate the postal code, city, street, house / building, room number (if available). In the event of a change in the information about the location, the enterprise shall send the appropriate notice to the body authorized to carry out state registration of legal entities.
It is worth noting that no other laws, except GKand ФЗ № 161, do not define the legal status of a state enterprise. This rule is directly fixed in the 113th article (in paragraph 6) of the Code. With regard to the obligations and rights of owners of property, entrusted to the government enterprise, the procedure for reorganization and liquidation, the legislation does not establish restrictions on the regulation of their other legal documents. For example, the procedure for the formation and management of public institutions is determined by a government decree.
Type of ownership
Continuing the analysis of regulations,regulating the activities of state enterprises, it is possible to draw a certain analogy with the legal status of institutions. As the first criterion of classification is the form of ownership. It is the same for all state unitary enterprises (including those established in the Ministry of Defense) and institutions. This general sign indicates the unity of the goals of the formation of these legal entities. Both institutions and enterprises realize federal interests, which are the reasons and peculiarities of regulatory regulation.
As part of the owners for public institutions andenterprises provide for a general limitation. First of all, as mentioned above, the founder must be one. As him, in accordance with regulatory requirements, can act either MO, or RF, or the region.
Scope of legal opportunities
By this criterion, the legal entity is classified independing on the range of rights with which they are vested in the property entrusted to them. When a subject is formed, certain legal possibilities must be transferred to him. Property rights are necessary to carry out normal independent activities in accordance with the purposes 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. Exceptions to this provision are state institutions and enterprises. The owner, giving them material values, provides legal opportunities with some limitations. In particular, the subjects are entitled to carry out operational management. At the same time, the founder remains the main owner of material values. This means that the company can dispose of the entrusted property only with its consent. This applies equally to legal entities created by order of territorial authorities.
According to Art. 20 of Federal Law No. 161, the powers of the legal owner of the property transferred to the federal government enterprise in the creation, liquidation, reorganization are carried out by the government. Other legal opportunities are realized by both the Supreme Executive Institute of Power and other state structures. Since December 1, 2007, the state corporation "Rosatom" has been authorized by the owner. The rules regulating the procedure for the implementation of the transferred legal possibilities are established by Federal Law No. 317. A corresponding addition was made to Law No. 161. From the municipal entity, the powers of the owner of material assets transferred to the state enterprise are realized by local authorities within their competence. The scope of their legal capacity is determined by regulatory acts that regulate the status of these institutions.