On approval of the List of state property intended for transfer into possession and (or) use of small and medium-sized businesses and organizations forming the infrastructure for supporting small and medium-sized businesses

In order to implement the provisions of federal laws of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in Russian Federation" and dated July 22, 2008 N 159-FZ "On the specifics of the alienation of real estate that is in state ownership of constituent entities of the Russian Federation or municipal property and leased by small and medium-sized businesses, and on amendments to certain laws - body acts of the Russian Federation", in pursuance of the decree of the Moscow Government "On the Concept of property support for small and medium-sized businesses in the city of Moscow", as well as in order to meet the needs of small and medium-sized businesses in non-residential premises, it decides: 1. Approve the List of state property intended for transfer into possession and (or) use of small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses (hereinafter referred to as the List) in accordance with the appendix to this resolution. 2 .Together with the Public Expert Council for Small and Medium Enterprises under the Mayor and the Government of Moscow, by March 1, 2009, develop a regulation on the procedure for maintaining the List. 3. Establish that the property specified in the List and leased by small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses cannot be transferred into the possession and (or) use of legal and individuals, which, in accordance with the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, does not relate to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses . 4. Before the development and approval of the regulations on the procedure for maintaining the List (clause 2), allow, in agreement with the Public Expert Council for Small and Medium-Sized Enterprises under the Mayor and the Moscow Government, to make changes to the List by a legal act of the Property Department city ​​of Moscow. 5. In accordance with paragraph 4 of Article 18 of the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, this resolution is subject to mandatory publication. 6. Control over the implementation of this resolution is assigned to the Deputy Mayor of Moscow, V.N. Silkin. P.P. Mayor of Moscow Yu.M. Luzhkov Appendix to the resolution of the Moscow Government of December 16, 2008 N 1140-PP List of state property intended for transfer into possession and (or) use of small and medium-sized businesses and organizations forming infrastructure to support small and medium-sized businesses (See file - PDF)

Hello. Yes you can, see:

the federal law dated July 22, 2008 N 159-FZ (as amended on June 29, 2015) “On the specifics of the alienation of real estate that is state-owned by constituent entities of the Russian Federation or municipally owned and leased by small and medium-sized businesses, and on amendments to certain legislative acts Russian Federation"

Article 3. Preemptive right to purchase leased property

You have met all the conditions:

Are there any rent arrears? if not, then everything is great for you

the premises are not included in the privatization plan (this is one of the conditions).

The premises are not included and you have the right to buy out, the procedure is as follows:

2.A small or medium-sized business entity that meets the requirements established in Article 3 of this Federal Law requirements(hereinafter referred to as the applicant), on his own initiative has the right to send to the authorized body statement about compliance with the conditions for classification as small or medium-sized businesses established by Article 4 of the Federal Law “On the Development of Small and Medium-Sized Businesses in the Russian Federation”, and on the exercise of the preemptive right to purchase leased property (hereinafter referred to as the application) not included in the approved in accordance with Part 4 of Article 18 of the Federal Law “On the Development of Small and Medium-Sized Businesses in the Russian Federation” lists state property or municipal property intended for transfer into the possession and (or) use of small and medium-sized businesses.

But if the administration starts to refuse, citing that the premises are included in the privatization plan, then you apply

Article 9. Transitional provisions

2.1. The applicant, on his own initiative, has the right to send to the authorized body statement regarding the property included in a list of state property or municipal property intended for transfer into the possession and (or) use of small and medium-sized businesses, approved in accordance with Part 4 of Article 18 of the Federal Law “On the Development of Small and Medium-Sized Businesses in the Russian Federation”, provided that:
1) the leased property as of July 1, 2015 is in its temporary possession and (or) temporary use continuously for three or more years in accordance with the lease agreement or agreements for such property;
(Clause 1 as amended by Federal Law dated June 29, 2015 N 158-FZ)
(see text in the previous edition)
2) the leased property is included in the list of state property or municipal property intended for transfer into possession and (or) use of small and medium-sized businesses approved in accordance with Part 4 of Article 18 of the Federal Law “On the Development of Small and Medium-Sized Businesses in the Russian Federation” , for five years or more before the date of filing this application.

3. Upon receipt of the application authorized bodies are obliged:
1) ensure the conclusion of an agreement to assess the market value of the leased property in the manner established by the Federal Law “On Valuation Activities in the Russian Federation” within two months from the date of receipt of the application;
2) make a decision on the conditions for privatization of the leased property within two weeks from the date of acceptance of the report on its assessment;
3) send the applicant a draft purchase and sale agreement for the leased property within ten days from the date of the decision on the conditions for privatization of the leased property.

But the appraisal will probably have to be done at your own expense, since the administration will say: there is no money, if you want to buy it, hire an appraiser.

8.1. In accordance with Part 4 of Article 18 of the Federal Law of July 24, 2007 N 209-FZ “On the Development of Small and Medium-Sized Enterprises of the Russian Federation” (hereinafter referred to as Law N 209-FZ), federal authorities executive power, executive authorities of the constituent entities of the Russian Federation, local governments have the right to approve lists of state or municipal property free from the rights of third parties (with the exception of property rights of small and medium-sized businesses), which can only be used for the purpose of providing it for possession and (or ) for use on a long-term basis by small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses.

When holding tenders for the right to conclude contracts in relation to state and municipal property included in the specified lists, cases where only small and medium-sized businesses are allowed to participate in these tenders will not contradict antimonopoly legislation, including Article 17 of the Law on Protection of Competition , which are subject to Law N 209-FZ, on the following grounds.

Part 2 of Article 17 of the Law on the Protection of Competition establishes that during bidding, if the organizers or customers of the bidding are federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, state extra-budgetary funds, it is prohibited to do anything not provided for by federal laws or other regulatory legal acts restriction of access to participation in tenders. At the same time, Law N 209-FZ provides that state and municipal property included in the lists can be used only for the purpose of providing it for possession and (or) use on a long-term basis to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses medium entrepreneurship.

Thus, holding tenders for the right to conclude contracts provided for in Parts 1 and 3 of Article 17.1 of the Law on Protection of Competition, in which only small and medium-sized businesses covered by Law No. 209-FZ are allowed to participate, is not a violation of Part 2 of Article 17

8.2. Part 4.1 of Article 18 of Law N 209-FZ provides that regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts establish the procedure for the formation, maintenance, and mandatory publication of the lists specified in Part 4 of Article 18 of Law N 209-FZ, and the procedure and conditions for leasing the state and (or) municipal property included in them.

At the same time, the procedure and conditions for leasing state or municipal property included in these lists, if they are established by regulatory legal acts of the constituent entities of the Russian Federation or municipal legal acts, must not contradict federal legislation, in particular the procedure established by Article 17.1 of the Law on Protection of Competition .

8.3. Part 4 of Article 53 of the Law on the Protection of Competition, until July 1, 2015, allows the conclusion for a new term of lease agreements in relation to state or municipal property concluded before July 1, 2008 with small and medium-sized businesses, with the exception of small and medium-sized businesses specified in Part 3 of Article 14 of Law N 209-FZ, and small and medium-sized businesses engaged in the extraction and processing of minerals (except for common minerals), without holding tenders. In this case, the conclusion of these lease agreements is possible for a period not exceeding July 1, 2015.

In other cases, concluding lease agreements for a new term is possible only in accordance with the requirements

1. Property support means the sale or provision of state and municipal property for the ownership or use of small businesses and infrastructure organizations supporting small and medium-sized businesses on preferential terms, including the transfer of equipment and technology for long-term lease with the right to purchase (leasing).
As property support, small businesses and small and medium-sized enterprise support infrastructure organizations are provided with property that is free of obligations and registered with the appropriate state or municipal register, except for types of property the transfer of which for use is prohibited or limited by law.
The list of objects, the transfer for use of which is not allowed or limited, is determined by state authorities or local government bodies in charge of the relevant property.
2. Preferential conditions recognize the advantages of small businesses and infrastructure organizations supporting small and medium-sized businesses over other entities economic activity in the order of sale or provision of property for use, partial exemption from the implementation of established rules for the use of property, obligations or easing the conditions for their implementation.
3. State authorities and local governments:
– make decisions on the sale or provision of property in state or municipal ownership for the use of small businesses and infrastructure organizations for supporting small and medium-sized businesses, partially exempting them from fulfilling or facilitating the conditions for them to comply with the rules for the use of property in accordance with this law;
– determine the procedure for providing property support;
– identify groups of small businesses and infrastructure organizations for supporting small and medium-sized businesses that have the right to use property support;
– has the right to form trust funds of property for sale or provision for use of small businesses and infrastructure organizations for supporting small and medium-sized businesses as property support;
– has the right to develop, at the expense of budget funds, initial permits and design documentation for buildings, structures and other infrastructure created by small businesses and organizations to support small and medium-sized businesses property complexes.
4. The decision on the volumes and forms of property support is made by state authorities or local governments when forming the corresponding state or local budget for the next financial year.
The decision is made by groups of small businesses, united by areas of activity, and by infrastructure organizations for supporting small and medium-sized businesses, taking into account the priorities established by the constituent entities of the Russian Federation.
The establishment of preferential conditions for the provision of property to a small business entity and the organization of infrastructure to support small and medium-sized businesses is carried out for a period of one year, followed by an annual extension by decision of a state authority or local government body.
5. Small businesses and infrastructure organizations for supporting small and medium-sized businesses may be transferred as property support:
– land;
– buildings, structures, non-residential premises;
– enterprises and other property complexes;
– equipment, machines, mechanisms, installations;
– vehicles;
- inventory, tools.
6. The transfer of property for use on the right of lease or free use to small businesses and infrastructure organizations for supporting small and medium-sized businesses is carried out by decision of state authorities or local governments. The provided property must be used strictly for its intended purpose and on the terms determined by the body for managing state and/or municipal property in accordance with current legislation.
7. Property transferred for use on the right of lease or free use to small businesses and organizations supporting infrastructure for small and medium-sized businesses as property support is not subject to sale, assignment of rights of use, transfer of rights of use as collateral and entry of rights of use into the authorized capital of any other business entities on behalf of the user.
When transferring property for rent, a partial reduction or to a minimum level is possible rent for the use of property. The minimum level of rent consists of the cost of the owner's expenses for maintaining, restoring and registering the property for rent.
8. If the use of property requires the availability utilities and operating costs, payment for the services provided is made regardless of the rent by the small business entity of the resource supplying organization and the organization providing operational services in full.
By decision of the state authorities of the constituent entities of the Russian Federation, a preferential procedure for paying for utilities and operating costs may be established for small businesses and infrastructure organizations supporting small and medium-sized businesses. At the expense of budget funds different levels Small businesses and infrastructure organizations supporting small and medium-sized businesses may receive full or partial compensation for the costs of using property.
9. Responsibility for the preservation and proper maintenance of property lies with the small business entity or the organization of infrastructure for supporting small and medium-sized businesses that received it for use as property support.
10. The sale of property to small businesses and infrastructure organizations supporting small and medium-sized businesses is carried out in accordance with the current legislation on privatization, including through open targeted competitions for them for the sale of real estate, rental rights non-residential premises and land plots and open competitive bidding for the sale of unfinished construction projects.
A mandatory condition for the alienation of property is the preservation of its intended purpose, determined by conditions specialized competition.
11. The sale and provision for use of property to small businesses and infrastructure organizations supporting small and medium-sized businesses can be made from property trust funds formed by the relevant state authorities and local governments (including trust funds for non-residential premises, trust funds for equipment, machinery, mechanisms and installations, etc.).
12. The main source of formation of the Property Trust Fund is property that is free from obligations and is registered with the appropriate state or municipal register. The property trust fund can be formed at the expense of unfinished construction projects, real estate transferred to state (municipal) ownership as a result of property offset, seizure of space from tenants who use them illegally or who have entered into a lease agreement for their use in violation of the requirements current legislation, state (municipal) property alienated in the process of privatization of state (municipal) enterprises, other sources not prohibited by law.
13. After the expiration of the period for providing property as property support, by decision of a state authority or local government body (subject to proper fulfillment of the conditions for the use of property), a small business entity or organization of infrastructure to support small and medium-sized businesses may be provided preemptive right before any other business entities to extend the period of use of the property on a leasehold basis, or a decision has been made to sell this property to the user without a competition.

More on the topic Article 10. Property support for small and medium-sized businesses:

1. 1.1. Conceptual basis for the formation of models of economic behavior of business structures
2. 1.2. Regulation of the external and internal environment of business structures as the basis for their sustainable development

MEETING OF DEPUTIES OF KONAKOVSKY DISTRICT

SOLUTION

October 26, 2017 Konakovo No. 349

On approval of the Regulations on the procedure and conditions for the provision of lease (including benefits for small and medium-sized businesses engaged in socially significant activities) of objects included in the list of municipal property of the Konakovsky district of the Tver region, free from the rights of third parties (with the exception of property rights small and medium-sized businesses), intended for provision of possession and (or) use to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses

In accordance with Part 4 of Article 18 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, guided by the Charter Municipal entity"Konakovsky district" of the Tver region,

Meeting of deputies of the Konakovsky district DECIDED:

1. Approve the Regulations on the procedure and conditions for providing lease (including benefits for small and medium-sized businesses engaged in socially significant activities) of objects included in the list of municipal property of the Konakovsky district of the Tver region, free from the rights of third parties (except for property rights of small and medium-sized businesses), intended for granting possession and (or) use to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses in accordance with Appendix No. 1 to this decision.

2. This decision comes into force from the moment of signing and is subject to official publication and posting on the official website of the Konakovsky District municipality of the Tver region.

Head of Konakovsky district L.A. Kozlova

Appendix No. 1

to the decision of the Assembly of Deputies of the Konakovsky District

No. 349 dated October 26, 2017

Position

on the procedure and conditions for the provision of lease (including benefits for small and medium-sized businesses engaged in socially significant activities) of objects included in the list of municipal property of the Konakovsky district of the Tver region, free from the rights of third parties (with the exception of property rights of small and medium-sized businesses medium-sized enterprises), intended for provision of ownership and (or) use to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses

1. These Regulations determine the procedure and conditions for the provision of lease (including benefits for small and medium-sized businesses engaged in socially significant activities) of objects included in the list of municipal property of the Konakovsky district of the Tver region, free from the rights of third parties (except for property rights of small and medium-sized businesses), intended for provision of possession and (or) use to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses (hereinafter referred to as the List).

2. Property support for small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses is carried out in compliance with the requirements established Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition”.

3. The right to purchase for lease municipal property of the Konakovsky district of the Tver region, included in the List, has small and medium-sized businesses, organizations that form the infrastructure for supporting small and medium-sized businesses that meet the requirements established Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"(hereinafter referred to as small and medium-sized businesses). The lessor of the municipal property included in the List is the Administration of the Konakovsky District of the Tver Region.

4. The basis for the provision of lease of municipal property of the Konakovsky district of the Tver region, included in the List, are the results of competitions or auctions held in the manner provided for in Article 17.1 Federal Law of July 26, 2006 N 135-FZ “On Protection of Competition” and Pthe procedure for holding competitions or auctions for the right to conclude lease agreements, gratuitous use agreements, property trust management agreements, other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property, and the list of types of property in respect of which the conclusion of these agreements may be carried out through bidding in the form of a competition, approved by the Order of the Federal Antimonopoly Service dated February 10, 2010. No. 67.

5. Only small and medium-sized businesses are allowed to participate in competitions or auctions for the right to conclude lease agreements for municipal property of the Konakovsky district of the Tver region, included in the List, an indication of which must be included in the conditions of competitions or auctions.

6. The amount of rent, as well as the starting amount of rent when holding competitions or auctions for the right to conclude a lease agreement for the use of municipal property of the Konakovsky district of the Tver region included in the List, are determined on the basis of a report of an independent appraiser drawn up in accordance with Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation”(Further - Federal Law "On Valuation Activities in the Russian Federation").

7. The decision to hold competitions or auctions for the right to conclude lease agreements for municipal property of the Konakovsky district of the Tver region, included in the List, is formalized by order of the administration of the Konakovsky district of the Tver region and is the basis for holding a competition or auction. The organization and conduct of such competitions or auctions, the conclusion, amendment, termination of lease agreements concluded as a result of competitions or auctions, control over the use of municipal property of the Konakovsky district of the Tver region and the receipt of rent in the district budget are ensured by the Committee for Property Management and Land Relations of the Konakovsky District Administration.

8. Municipal property of the Konakovsky district of the Tver region included in the List can be leased only on a long-term basis. The term of the lease agreement for municipal property in the Konakovsky district of the Tver region cannot be less than five years.

9. It is not allowed to provide municipal property for sublease or to use municipal property for other than its intended purpose. If these violations are detected, the administration of the Konakovsky district of the Tver region has the right to terminate the lease agreement.

10. Rent for small and medium-sized businesses engaged in socially significant activities in accordance with the Appendix to these regulations is established in the following amounts:

1) during the first year of rent - no more than 40% of the amount of rent offered when participating in competitions or auctions by a small and medium-sized business entity engaged in socially significant activities, recognized as the winner of competitions or auctions;

2) during the second year of rent - no more than 60% of the rent offered when participating in competitions or auctions by a small and medium-sized business entity engaged in socially significant activities, recognized as the winner of competitions or auctions;

3) during the third year of rent - no more than 80% of the amount of rent offered when participating in competitions or auctions by a small and medium-sized business entity engaged in socially significant activities, recognized as the winner of competitions or auctions;

4) during subsequent years of lease - 100% of the amount of rent offered when participating in competitions or auctions by a small and medium-sized business entity engaged in socially significant activities, recognized as the winner of competitions or auctions.

11. Municipal property of the Konakovsky district of the Tver region, included in the List, is not subject to alienation in private property, with the exception of small and medium-sized businesses leasing this property, in accordance with current legislation.

12. Representatives of the Council for Small and Medium Enterprises under the administration of the Konakovsky District of the Tver Region take part in procedures related to the provision of lease of municipal property of the Konakovsky District of the Tver Region included in the List.

Application

to the Regulations on the procedure and conditions for the provision of lease (including benefits for small and medium-sized businesses engaged in socially significant activities) of objects included in the list of municipal property of the Konakovsky district of the Tver region, free from the rights of third parties (with the exception of the property rights of entities small and medium-sized businesses), intended for provision of ownership and (or) use to small and medium-sized businesses and organizations that form the infrastructure for supporting small and medium-sized businesses

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SOCIALLY SIGNIFICANT ACTIVITIES CARRIED OUT

SMALL AND MEDIUM ENTERPRISE ENTITIES

<*>Code and name of types of economic activity in accordance with the All-Russian classifier types of economic activities (OKVED 2) OK 029-2014 (NACE Rev. 2) (

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