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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 22, 2008 No. 159-FZ

About features of the alienation of the 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

(as amended on 08-06-2020)

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 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 leasable 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 real estate belonging to the public or local government offices on the right of operational management;

4) real estate which is limited in turnover.

5) the state-owned or municipal 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.

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 real estate belonging to it and leased by person meeting the requirements, the stipulated in Article 3 presents of the Federal Law, 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 property 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.

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) the leasable property on the date of filing of application is in their temporary ownership and (or) temporary use continuously within two and more years 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;

2) there is no rent receivable for such property, to penalties (penalties, penalty fee) on the date of the conclusion of the purchase and sale agreement of leasable property according to part 4 of article 4 of this Federal Law, and in the case provided by part 2 or part 2.1 of article 9 of this Federal Law - on the date of giving by the subject of small or medium business of the statement;

3) ceased to be valid according to the Federal Law of the Russian Federation of 02.07.2013 No. 144-FZ

4) the leasable property 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", except for case, provided by part 2.1 of article 9 of this Federal Law, except for case, provided by part 2.1 of article 9 of this Federal Law approved according to part 4 of article 18 of the Federal law "About Development of Small and Medium Business in the Russian Federation";

5) the information about the subject of small and medium business on the date of the conclusion of the purchase and sale agreement of leasable property is not excluded from the unified register of subjects of small and medium business.

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