Monitoring of the Federal Legislation dated 2.12.2002

Federal Law No. 161-FZ of November 14, 2002 on the State and Municipal Unitary Enterprises

In pursuance of Item 6 of Article 113 of the Civil Code of the Russian Federation, defines the legal status of the state and municipal unitary enterprises, the rights and duties of the owners of their property, procedure of creation, reorganization and liquidation of the unitary enterprise.
The following type of unitary enterprises are introduced:
- unitary enterprise based on the right of economic management (state enterprise or municipal enterprise);
- unitary enterprise based on the right of operative control (government enterprise).
The Law defines the legal capacity of the unitary enterprise (Article 3), requirements to corporate name of the enterprises (Article 4), its branches and representations (Article 5), procedure of participation in other legal entities. A separate article is dedicated to the responsibility of the unitary enterprise.
The Law defines the general procedure of instituting the unitary enterprise (Article 8), requirements to information contained in its constituent documents (charter).
Chapter III defines the sources of building the property of the unitary enterprise and requirements to the amount and composition of the registered fund of the unitary enterprise.
Article 12 specifies that the amount of the registered fund of the state enterprise must be at least 5,000 minimum amounts of labour remuneration, and that of the municipal one - at least 1,000 minimum amounts of labour remuneration. The government enterprise does not form the registered fund.
The Law defines the procedure of forming of the registered, reserve and other funds, as well as the terms and procedure of augmenting or decreasing of the registered fund of the state (municipal) enterprise.
Since the legal capacity of the state (municipal) unitary enterprise, in contrast to other commercial organizations, is a special one, the Law specifies the procedure of disposal of the enterprise property. The movable property (including produced items) is under enterprise own control, except for the cases specified in the law, the immovable one is controlled with the owner consent. Such enterprise may control the property only within the limits permitting for the activities the subject matter and goals being defined in the charter. The deals committed by the state (municipal) enterprise in violation of this requirement are null.
The government enterprise may alienate or dispose of the property in other way only after obtaining consent of the Government of the Russian Federation or the authorised federal body of executive power. The government enterprise sells produced items (works, services) independently as a rule.
Chapter IV of the Law specifies the procedure of management of the unitary enterprise. There are certain requirements to the head of the enterprise. Ha may not act as a founder (participant) of the legal entity with the unitary enterprise headed by him being among the founders (participants).
A separate article (Article 22) regulates the procedure of concluding the deals of interest. Such deals may be concluded only with consent of the owner of the enterprise property.
The owner of the property of the state (municipal) enterprise may get a part of the profit from the use by the enterprise of the property available under its economic control. The amount of the part of the profit, as well as the procedure and time limits to transfer the profit is defined in the enterprise charter.
Chapter V of the Law regulates the issues of reorganization and liquidation of the unitary enterprise.
The charters of the unitary enterprises must be brought in compliance with the norms of the Law before July 1, 2003. The branches created before the entry into force of the Law must be reorganized in the form of incorporation in the unitary enterprises having created them within six months from this date.
The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 855 of November 30, 2002 on the Authorized and Regulating Body in Charge of Bankruptcy and Bankruptcy Procedures

For 3 months, beginning with November 28, 2002 (date of entry into force of the Federal Law on insolvency (bankruptcy)), the Federal Service of Russia for Insolvency and Financial Rehabilitation must act as the authorized body presenting demands to transfer obligatory payments and demands of the Russian Federation under monetary obligations, as well as the regulating body in charge of the control over the activities of self-regulating organizations of bankruptcy commissioners.

Decision of the Government of the Russian Federation No. 848 of November 29, 2002 on the Endorsement of the Rates of Export Customs Duties for Commodities Produced from Oil Exported from the Territory of the Russian Federation Outside the Member-States of the Customs Union Agreements

The duty rate for a number of exported commodities produced from oil is fixed in US dollars per 1,000 kg (earlier, in percent of the customs cost or in euros per 1,000 kg).
The Decision endorses the rates of export customs duties for petrolatum, paraffin (Foreign Trade Commodity Nomenclature code 2712), petroleum coke (Foreign Trade Commodity Nomenclature code 2713), benzene and toluene (Foreign Trade Commodity Nomenclature codes 2902 20 and 2902 30) in the amount of USD 26.8 per 1,000 kg.
The Decision is entered into force from January 1, 2003.

Decision of the Government of the Russian Federation No. 847 of November 28, 2002 on the Procedure of Restriction, Interruption or Stopping of Discharges of Hazardous Substances (Pollutants) into the Atmospheric Air and Hazardous Physical Impacts on the Atmospheric Air

Specifies the rules of restriction, interruption or stopping of discharges of hazardous substances (pollutants) into the atmospheric air and hazardous physical impacts on the atmospheric air available in the absence of permissions for discharges and hazardous physical impacts, as well as in violation of the terms envisaged in these permissions.
It is prohibited to operate transport vehicles and other mobile equipment if the checks reveal violations of technical normatives. The owners of the sources of emissions and hazardous physical impacts get obligatory for execution orders of the state inspectors for nature protection. The mentioned orders are appealable in court.

Decision of the Government of the Russian Federation No. 843 of November 28, 2002 on the Procedure of Registration by the Customs Bodies of the Russian Federation of Foreign Persons Being a Party to the Contract with the Russian Side Envisaging the Import to the Customs Territory of the Russian Federation of Foreign Commodities Placed under the Customs Regime of Processing on the Customs Territory

Application of the foreign person in Russian is attached to the application of the Russian party for the license to process commodities on the customs territory of the Russian Federation to register the foreign person begin a party to the contract. The registration of the foreign person is carried out within 5 working days from the day of receiving of the application by the customs body of the Russian Federation issuing the license.
The Decision is entered into force one months after the date of its official publication.