FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 22, 2008 No. 159-FZ

About features of the alienation of the personal and real estate which is in state or in municipal property and leased by subjects of small and medium business and about modification of separate legal acts of the Russian Federation

Accepted by the State Duma on July 4, 2008

Approved by the Federation Council on July 11, 2008

Article 1. The relations regulated by this Federal Law

1. This Federal Law governs the relations arising in connection with alienation from state or from municipal property of the personal and real estate leased by subjects of small and medium business (further also - leasable property), including features of participation of subjects of small and medium business in privatization of such property.

2. Operation of this Federal Law does not extend on:

1) the relations arising in case of alienation of the leasable property transferred to the organizations forming infrastructure of support of subjects of small and medium business according to article 15 of the Federal Law of July 24, 2007 No. 209-FZ "About development of small and medium business in the Russian Federation" (further - the Federal Law "About Development of Small and Medium Business in the Russian Federation");

2) the relations arising in case of privatization of property complexes state or municipal unitary enterprises;

3) the personal and real estate belonging to the public or local government offices on the right of operational management;

4) personal and real estate which is limited in turnover.

5) the state-owned or municipal personal and real estate if on the date of giving by the subject of small or medium business of the statement for implementation of the privilege to acquisition of leasable property (further - the statement) the announcement of sale of such property at the biddings is published or the agreement providing alienation of such property by the unitary enterprise is signed;

6) the state-owned or municipal personal estate which is not included in the list of the state-owned property or municipal property intended for transfer to ownership and (or) to use to subjects of small and medium business approved according to part 4 of article 18 of the Federal law "About Development of Small and Medium Business in the Russian Federation".

3. The relations connected with participation of subjects of small and medium business in privatization of leasable property and not settled by this Federal Law are regulated by the Federal Law of December 21, 2001 No. 178-FZ "About privatization of the state-owned and municipal property" (further - the Federal Law "About Privatization of the State-owned and Municipal Property").

Article 2. Features of alienation of leasable property

1. If the federal executive body, public authority of the subject of the Russian Federation or local government body authorized on implementation of functions on privatization of the property which is in the state-owned or municipal property (further - authorized body), create coordinating or advisory bodies in the field of development of small and medium business, the decision on inclusion of leasable property in acts of planning of privatization of the state-owned and municipal property can be accepted authorized body not earlier than in thirty days after the direction of the notification in the specified coordinating or advisory bodies.

2. State or the municipal unitary enterprise has the right to perform paid alienation of the personal and real estate belonging to it on the right of economic maintaining or operational management and leased by person meeting the stipulated in Clause 3 presents of the Federal Law the requirements, according to the procedure, providing implementation of the privilege of the lessee to acquisition of the specified property.

3. The decision of the owner of leasable real estate which belongs state or to municipal unitary enterprise on the right of economic maintaining or operational management on consent to making by the unitary enterprise of the transaction directed to paid alienation of such property is accepted not earlier than in thirty days after day of the direction by the specified owner of the notification in coordinating or advisory bodies in the field of development of small and medium business (if these bodies are created under the relevant authorized body) and to the lessee or lessees of such property.

4. The structure and types of the personal estate which is not subject to alienation according to this Federal Law are established by the Government of the Russian Federation.

5. Data on reference of personal estate to the property specified in part 4 of this Article are subject to inclusion by the corresponding federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies in the scope of information which are brought in the lists of the state-owned property or municipal property intended for transfer to ownership and (or) to use to subjects of small and medium business approved according to part 4 of article 18 of the Federal law "About Development of Small and Medium Business in the Russian Federation".

Article 3. Privilege to acquisition of leasable property

Subjects of small and medium business, except for the subjects of small and medium business specified regarding 3rd article 14 of the Federal law "About Development of Small and Medium Business in the Russian Federation" and the subjects of small and medium business performing production and conversion of minerals (except popular minerals), in case of paid alienation of leasable property from the state-owned or municipal property have the privilege to acquisition of such property at the price equal to its market value and determined by the independent appraiser according to the procedure, No. 135-FZ established by the Federal Law of July 29, 1998 "About estimative activities in the Russian Federation" (further - the Federal Law "About Estimative Activities in the Russian Federation"). At the same time such privilege can be exercised provided that:

1) leasable real estate is not included in the list of the state-owned property or municipal property intended for transfer to ownership and (or) to use to subjects of small and medium business approved according to part 4 of article 18 of the Federal law "About Development of Small and Medium Business in the Russian Federation" and on the date of filing of application it is in their temporary ownership and use or temporary use continuously within two years and more according to the agreement or lease agreements of such property, except for the case provided by part 2.1 of article 9 of this Federal Law;

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